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Returned Citizenship Application - Second Time

Jul 19, 2013
2
0
Hi Everyone, I have been a frequent reader of this forum for sometime but now could use some help.

I have submitted my citizenship application and provided my LINC certificate that shows my benchmark of 8.

My file was returned saying the language proof wasn't sufficient.

I contacted the College where I took my LINC classes and they said that the certificate they provided and checking the box giving CIC the authorization to look into my benchmark should be enough. The college provided me with a language history record. They said that the record is what CIC would request from them so to include that also. I did that and sent a covering letter explaining things and my application got returned again saying the language evidence isn't enough.

Any suggestions? I am thinking I will just take the English test and send those results. H ::)owever, I am just concerned because I have heard (and read on this forum) that complete applications are being submitted and returned for no apparent reason. If I pay the $150 and send those results and they still won't accept it - then what?

Thank you for anyone who can provide some feedback and assistance.
 

frege

Hero Member
Jun 13, 2012
953
29
Category........
Visa Office......
Paris
Job Offer........
Pre-Assessed..
App. Filed.......
01-05-2012
AOR Received.
none
File Transfer...
01-08-2012
Med's Done....
02-12-2011
Interview........
none
Passport Req..
28-11-2012 (copy only)
VISA ISSUED...
05-12-2012
LANDED..........
15-12-2012
What you've described seems completely at odds with sections 5 and 6 of Manual CP 13:

http://www.cic.gc.ca/english/resources/manuals/cp/cp13-eng.pdf

For example:

"Even though it could be returned because it is not a duly completed form, CPC Sydney will not
return to the applicant a signed and dated application where the fee has been paid, but the
documents are not included."

"When an application is sent in without required documents, CPC Sydney will keep the application
even though it is not duly completed. CPC Sydney will request missing documentation."

What I can suggest is calling the CIC call centre and asking them why the entire application is being returned to you when the manual says this. Ask them why the document is not considered sufficient. Also, you can ask them what the procedure is to challenge a decision that your proof of language ability doesn't meet the requirements. You can order your GCMS notes, as they may give some indication of why your document is being refused.

If this doesn't work, then you can try talking to an immigration lawyer. Usually, if it's really obvious the government is wrong, they'll have a quick way of getting them to realize it.
 

eileenf

Champion Member
Apr 25, 2013
1,003
95
Job Offer........
Pre-Assessed..
Ameila G. Cardenas said:
Hi Everyone, I have been a frequent reader of this forum for sometime but now could use some help.

I have submitted my citizenship application and provided my LINC certificate that shows my benchmark of 8.

My file was returned saying the language proof wasn't sufficient.

I contacted the College where I took my LINC classes and they said that the certificate they provided and checking the box giving CIC the authorization to look into my benchmark should be enough. The college provided me with a language history record. They said that the record is what CIC would request from them so to include that also. I did that and sent a covering letter explaining things and my application got returned again saying the language evidence isn't enough.

Any suggestions? I am thinking I will just take the English test and send those results. H ::)owever, I am just concerned because I have heard (and read on this forum) that complete applications are being submitted and returned for no apparent reason. If I pay the $150 and send those results and they still won't accept it - then what?

Thank you for anyone who can provide some feedback and assistance.
Your benchmark specified both speaking and listening, correct?

Since LINC certificates are specified as acceptable in CIC documentation http://www.cic.gc.ca/english/citizenship/language-flowchart.asp, I would recommend,
a. Call the Help Line to see if you can get any more information on what the issue was with your language proficiency
b. Contact your MP to have them enquire with the CIC
c. Depending on what you hear, you might consider resubmitting the same information with a cover letter from an immigration lawyer detailing the unacceptable delays that the rejections have imposed on your application and citing the CIC's violation of their own policies.

Good luck.

Incidentally, my British friend, a professor of English literature with a PhD, who sent her application two weeks before the new language proof rules were instituted, also had her application returned due to lack of proof of English language ability.
I suspect there's a huge institutional learning curve to figure out how to implement the new regulations correctly and fairly.
 
Jul 19, 2013
2
0
Thank you for your responses. They are very helpful.

I called the CIC call centre on Friday afternoon and spoke with an agent and explained my situation.
I read him exactly what my LINC certificate said and he confirmed that the certificate should be sufficient and having the box checked authorizing CIC that they can look into my scores is enough. Beyond that he didn't say much or tell me why my file was being rejected (I told him my name when I called but I don't think he looked anything up in the computer). Does CIC keep a record of applications that are rejected and why? If so, I will call back and ask them to look in the system to see what they can tell me.

Maybe I will contact my member of parliament and ask them for assistance. I will mention to the MP about the sections 5 and 6 of the Manual CP 13 and take a print out from CIC about the proof that is acceptable and show him.

Thank you again for your help! :)
 

frege

Hero Member
Jun 13, 2012
953
29
Category........
Visa Office......
Paris
Job Offer........
Pre-Assessed..
App. Filed.......
01-05-2012
AOR Received.
none
File Transfer...
01-08-2012
Med's Done....
02-12-2011
Interview........
none
Passport Req..
28-11-2012 (copy only)
VISA ISSUED...
05-12-2012
LANDED..........
15-12-2012
Ameila G. Cardenas said:
Thank you for your responses. They are very helpful.

I called the CIC call centre on Friday afternoon and spoke with an agent and explained my situation.
I read him exactly what my LINC certificate said and he confirmed that the certificate should be sufficient and having the box checked authorizing CIC that they can look into my scores is enough. Beyond that he didn't say much or tell me why my file was being rejected (I told him my name when I called but I don't think he looked anything up in the computer). Does CIC keep a record of applications that are rejected and why? If so, I will call back and ask them to look in the system to see what they can tell me.

Maybe I will contact my member of parliament and ask them for assistance. I will mention to the MP about the sections 5 and 6 of the Manual CP 13 and take a print out from CIC about the proof that is acceptable and show him.

Thank you again for your help! :)
I'm not sure whether CIC keeps such a record. If they do, it will be in your file at CIC, which you can obtain within 30 days of requesting it.

Note the date on that manual. I think it said 2008. So bear in mind that there may be other instructions that have superseded the manual with regard to language documents. I haven't been able to find any, but this seems a possibility.
 

eileenf

Champion Member
Apr 25, 2013
1,003
95
Job Offer........
Pre-Assessed..
Another option you may want to consider, in addition to the others, is filing for urgent processing due to "an application delayed due to an administrative error". http://www.cic.gc.ca/english/helpcentre/answer.asp?q=024&t=4

Twice returning your application, citing seemingly valid language proof as invalid (contrary to their stated policies regarding language proof), may qualify, as it may have delayed your application by 5 months (?) or so.
 

TLR

Newbie
Sep 5, 2013
4
1
THis is happening a lot. There are lots of cases of returned applications despite correct proof of Language being submitted, and CIC cannot give clear explanations as to why. It is driving clients and service providers crazy. THe CELPIP or IELTS option is the most accepted way but also the most expensive. I would strongly encourage you to follow through with contacting your MP as CIC are not following their own guidelines.