Refusal on Federal Stage of QSW -- "not willing to live in Canada and Quebec"

[Desert_Eagle]

My husband and I now immigrate to Canada for the second time. We obtained CSQ (77 points without adaptability), but we just got refusal on federal stage -- immigration officer thinks that we don't want to live in Quebec.

First time we immigrated in 2005 by FSW, landing in Toronto, but all other entrances to Canada ware to Montreal. Also, from 2006 till present time we are tax residents of Quebec. In 2010 we submitted our PR for renewal and in 2012 we lost PR because we were not living in Canada 730 day during 5 years.

In 2013 we started for the second time our immigration process by QSW program.

Can federal immigration officer refuse our application by this reason? Quebec absolutely knows our situation and made decision that we are excellent candidates.

The questions:
Is the federal immigration officer breaking the law of Quebec jurisdiction by his decision or not?
Which arguments could we have to overcome this refusal?

 

[Hoback]

That's too bad. When did you receive the refusal notice? Before AOR or after?

 

[sookie85]

My husband and I now immigrate to Canada for the second time. We obtained CSQ (77 points without adaptability), but we just got refusal on federal stage -- immigration officer thinks that we don't want to live in Quebec.

First time we immigrated in 2005 by FSW, landing in Toronto, but all other entrances to Canada ware to Montreal. Also, from 2006 till present time we are tax residents of Quebec. In 2010 we submitted our PR for renewal and in 2012 we lost PR because we were not living in Canada 730 day during 5 years.

In 2013 we started for the second time our immigration process by QSW program.

Can federal immigration officer refuse our application by this reason? Quebec absolutely knows our situation and made decision that we are excellent candidates. The question: is the federal immigration officer breaking the law of Quebec jurisdiction by his decision or not?

Hi,

I am really sorry to hear this. I also would like to share the information that it is in the sole discretion of the visa /immigration officer to decide whether the PR is granted or denied.

Still, in your case the visa officer had grounds to believe that you do not intend to settle in Quebec or Canada since you abandoned your status previously!...

 

[Desert_Eagle]

That's too bad. When did you receive the refusal notice? Before AOR or after?

We didn't receive AOR, but we have ECAS record: "We started processing your application". We received refusal from Warsaw visa office instead of medical forms.

 

[Desert_Eagle]

Hi,

I am really sorry to hear this. I also would like to share the information that it is in the sole discretion of the visa /immigration officer to decide whether the PR is granted or denied.

Still, in your case the visa officer had grounds to believe that you do not intend to settle in Quebec or Canada since you abandoned your status previously!...

It is absolutely right for FSW and PNP except QSW. But Quebec independetly choose candidates by QSW, MIDI knowing about our previously PR (we described situation in the accompanying letter when we sent application to Quebec stage QSW) and we were considered as excellent candidates. We think, in our situation the right of Quebec of independently choose candidates for immigration was broken:

Canada–Québec Accord relating to Immigration and Temporary Admission of Aliens
(cic.gc.ca/english/department/laws-policy/agreements/quebec/can-que.asp)

12. Subject to sections 13 to 20,

a. Québec has sole responsibility for the selection of immigrants destined to that province and Canada has sole responsibility for the admission of immigrants to that province.
b. Canada shall admit any immigrant destined to Québec who meets Québec’s selection criteria, if the immigrant is not in an inadmissible class under the law of Canada.
c. Canada shall not admit any immigrant into Québec who does not meet Québec’s selection criteria.

We are fully admited into Québec’s selection criteria and we aren't in an inadmissible class under the law of Canada.

 

[Hoback]

We didn't receive AOR, we received refusal from Warsaw visa office instead of medical forms.

So you did submit your application and instead of AOR you received the notice. Is there a way you can appeal?

 

[Desert_Eagle]

Reconsideration letter and appeal to Federal Court of Canada

 

[sookie85]

It is absolutely right for FSW and PNP except QSW. But Quebec independetly choose candidates by QSW, MIDI knowing about our previously PR (we described situation in the accompanying letter when we sent application to Quebec stage QSW) and we were considered as excellent candidates. We think, in our situation the right of Quebec of independently choose candidates for immigration was broken:

Canada–Québec Accord relating to Immigration and Temporary Admission of Aliens
(cic.gc.ca/english/department/laws-policy/agreements/quebec/can-que.asp)

12. Subject to sections 13 to 20,

a. Québec has sole responsibility for the selection of immigrants destined to that province and Canada has sole responsibility for the admission of immigrants to that province.
b. Canada shall admit any immigrant destined to Québec who meets Québec’s selection criteria, if the immigrant is not in an inadmissible class under the law of Canada.
c. Canada shall not admit any immigrant into Québec who does not meet Québec’s selection criteria.

We are fully admited into Québec’s selection criteria and we aren't in an inadmissible class under the law of Canada.

Hi,

Still CIC has the sole responsibility to issue or deny a visa. In your case point b) could be applied. Since you previously abandonded your PR status CIC found it reasonable to reject you believing that you either will abandond it again or found you inadmissable based on other grounds.

You can appeal the decision within 45 days after you have received the notification by providing strong reasons and proving the decision of CIC is wrong.

Good luck!
S.

 

[Desert_Eagle]

Hi all!

Could you please recommend a good immigration lawyer who could make a Reconsideration Letter. I emailed Mr.David Cohen, but his company does not do that.