FAQ

[unmarried]

By the Grace of Almighty Allah ....i have got updated docs request today...they ask me to send updated Uk PCC only. RPRF, Some updated forms also new pictures of MY daughter only

congrats. Hope you'll get your medical request soon. VO asked for same kind of documents to me. I have received my medical & RPRF request within 60 days after sending additional documents.

[PA5510N]

congrats. Hope you'll get your medical request soon. VO asked for same kind of documents to me. I have received my medical & RPRF request within 60 days after sending additional documents.

thanks for the info dear

[unmarried]

You wait until you hear from the visa office, but for economic classes, usually this is a positive indicator that you are near the end of the process.  The next step should be to receive the passport request so they can issue the COPR and/or visa.

I have sent my medical & RPRF on 15th Jul. How long it might take to get a reply from CHC?

[computergeek]

I have sent my medical & RPRF on 15th Jul. How long it might take to get a reply from CHC?

Like everything in immigration, there are never guarantees, but usually it would be within 2-3 months.

[unmarried]

Like everything in immigration, there are never guarantees, but usually it would be within 2-3 months.

Thanks. Keep me in your prayers.

[D.Osman]

I have sent my medical & RPRF on 15th Jul. How long it might take to get a reply from CHC?

my VO informed me that they need 4-8 wks untill Medicals assessed and received by VO then another 2-3 months for BG check.

[PA5510N]

my VO informed me that they need 4-8 wks untill Medicals assessed and received by VO then another 2-3 months for BG check.

what kind of background check they do at this stage?

[ss1886]

Hi

I want to know if the outcome/result of an interview is told after the interview, if not then how it is known and after how much time??

[unmarried]

Like everything in immigration, there are never guarantees, but usually it would be within 2-3 months.

Do you have any idea about background check? what is it? what does VO do at this stage?

[Zumy Loly]

Dear All Kindly advice I sent LVO this E-Cas 27/06 & they replied the below, but I already send them a hard copy of Reconsidration letter along with Cover Letter & supporting docs at 09/07 & electronic e-mail in the same date, the VO  named (IVH-IMS) had copied  someone called Robert Stevenson in the below e-mail .... my inquiry is
1- Do U think they will go through the hard copy letter cause I included my defences against VO claiming my husband will not be econmically established in Canada & the ADAPTABILITY issue ??
2- Who is Robert Stevenson  is he the Programme manager??
3- What are Ur opnion (s) for what should be my next move??

My E-CAS

I would like London VO to reconsider my Refused application as I wasn't granted 5 points in ADAPTABILITY ( as I included in my App. my spouse's sister documents (birth certificates, bills, PR Card, children PR Cards, Bank Statement, driving License) , and she was a Permanent Residence in Canada since 2009 (and became Citizen May 2012) , Note non of these documents were returned back to me in the refusal letter. I attached some of the docs sent before with my App. Kindly advice if it is applicable to reconsider my App. as depriving me from this 5 points resulted in the refusal of my application.Your response is highly appreciated.

Their Respond

Dear Sir,

This refers to recent correspondence received at our office requesting reconsideration of your application for Permanent Residence in Canada as a Federal Skilled Worker.
 
Your application for permanent residence in Canada was carefully considered by an officer according to the applicable sections of the Immigration and Refugee Protection Act, and you were sent a letter containing the full reasons for refusing your application. The decision was made based on the information on file at that time. You were sent a letter explaining the assessment, thereby concluding the assessment of your application.
 
You were not granted any points for your relative in Canada because you did not provide any documentation on your application demonstrating that you are related to her and the documentation that you provided demonstrating residency did not demonstrate that she is resident in Canada.
 
Should you have different information to submit or if you meet the requirements of a different immigration category, you can consider submitting a new application. For up-to-date information on how to apply for permanent residence in Canada, visit the website at http://www.cic.gc.ca/english/immigrate/index.asp.
 
Please be informed that we will not respond to further requests to revisit this decision.
 
Yours sincerely,
Immigration Officer (IVH-IMS)

[computergeek]

Dear Sir,

This refers to recent correspondence received at our office requesting reconsideration of your application for Permanent Residence in Canada as a Federal Skilled Worker.
 
Your application for permanent residence in Canada was carefully considered by an officer according to the applicable sections of the Immigration and Refugee Protection Act, and you were sent a letter containing the full reasons for refusing your application. The decision was made based on the information on file at that time. You were sent a letter explaining the assessment, thereby concluding the assessment of your application.
 
You were not granted any points for your relative in Canada because you did not provide any documentation on your application demonstrating that you are related to her and the documentation that you provided demonstrating residency did not demonstrate that she is resident in Canada.
 
Should you have different information to submit or if you meet the requirements of a different immigration category, you can consider submitting a new application. For up-to-date information on how to apply for permanent residence in Canada, visit the website at http://www.cic.gc.ca/english/immigrate/index.asp.

Did you order your CAIPS/GCMS notes?  If not, you really should do so as they will tell you more than their letter did.

Your only options are to either reapply (as they suggested) - assuming you can qualify in some category, or you may challenge the decision in Federal Court.  Note that you must initiate an application for judicial review within 60 days (although because they answered you, it's 60 days from the date of their letter to you - that's why they normally won't answer you.) 

To prevail in court you would have to show that the decision the officer reached with the information in front of them was unreasonable (this is "fairness") or that there was an error in law.  In either case, it is very unlikely that you will prevail without the use of an attorney with experience in immigration litigation.

From their letter (which is likely based upon a generic template) it sounds like they weren't convinced this was your sister (since the other evidence you provided would seem to reasonably support residency).  If your birth certificates show the same parents, that would certainly be a reasonable argument, as would an affidavit from her supporting this conclusion.  In addition, if HER application listed you as a sibling, that would ALSO be convincing (although they might argue that evidence was not before the officer, given that if the officer had doubts the office could have checked your sister's file the court probably wouldn't accept that as an excuse - I'm not really familiar with the case law in this area, though, so perhaps the burden falls entirely upon you.)

I am very surprised that if the officer had doubts they didn't ask you to provide additional evidence - an outright rejection of this type seems unreasonable under the circumstances (some evidence provided).

I am sorry they rejected your application.  Having been rejected myself I know it is deeply discouraging.  Going to court is not an easy path either, as it is expensive and similarly exhausting (the process can take 6-12 months or longer just to obtain a decision.)

Regardless of what you decide, good luck!

[Zumy Loly]

Did you order your CAIPS/GCMS notes?  If not, you really should do so as they will tell you more than their letter did.

Your only options are to either reapply (as they suggested) - assuming you can qualify in some category, or you may challenge the decision in Federal Court.  Note that you must initiate an application for judicial review within 60 days (although because they answered you, it's 60 days from the date of their letter to you - that's why they normally won't answer you.) 

To prevail in court you would have to show that the decision the officer reached with the information in front of them was unreasonable (this is "fairness") or that there was an error in law.  In either case, it is very unlikely that you will prevail without the use of an attorney with experience in immigration litigation.

From their letter (which is likely based upon a generic template) it sounds like they weren't convinced this was your sister (since the other evidence you provided would seem to reasonably support residency).  If your birth certificates show the same parents, that would certainly be a reasonable argument, as would an affidavit from her supporting this conclusion.  In addition, if HER application listed you as a sibling, that would ALSO be convincing (although they might argue that evidence was not before the officer, given that if the officer had doubts the office could have checked your sister's file the court probably wouldn't accept that as an excuse - I'm not really familiar with the case law in this area, though, so perhaps the burden falls entirely upon you.)

I am very surprised that if the officer had doubts they didn't ask you to provide additional evidence - an outright rejection of this type seems unreasonable under the circumstances (some evidence provided).
I am sorry they rejected your application.  Having been rejected myself I know it is deeply discouraging.  Going to court is not an easy path either, as it is expensive and similarly exhausting (the process can take 6-12 months or longer just to obtain a decision.)

Regardless of what you decide, good luck!

Dear thanks for the detailed reply it is so helpfull ... I was surprised also for the VO attitude; it was so harsh  ; my question for Uis ... do U have experience in requesting CAIPS ? ; I want a trustfull site for requesting it ( although it will consume 4-8 weeks from my time)  what is the benfite of CAIPS for my case otherwise it will repeat the VO words ; it will be his own comments .. I think he would save his back by writing strong argument against his Unfair discion 

What is Generic template

[computergeek]

The first time I ordered CAIPS notes I used a service (http://www.caips.ca/) and the woman who runs it is very nice and I thought her fees were reasonable.  I'm in Canada, though so I just order them myself directly (without a charge).  They DO provide you with additional information.  If you will request judicial review, you will get a copy of them anyway (the "Rule 9" production the visa office must send to the court with the "reasons for their decision").

They do provide you with additional information and insight sometimes.

Generic template: "cut and paste" from a form letter, and then change a few things around.  Thus, the text that they used would be pretty much the same.

My own rejection letter said "Thank you for your interest in Canada", which I found absurd (and somewhat offensive) at the end of a rejection letter.

[Zumy Loly]

The first time I ordered CAIPS notes I used a service (http://www.caips.ca/) and the woman who runs it is very nice and I thought her fees were reasonable.  I'm in Canada, though so I just order them myself directly (without a charge).  They DO provide you with additional information.  If you will request judicial review, you will get a copy of them anyway (the "Rule 9" production the visa office must send to the court with the "reasons for their decision").

They do provide you with additional information and insight sometimes.

Generic template: "cut and paste" from a form letter, and then change a few things around.  Thus, the text that they used would be pretty much the same.

My own rejection letter said "Thank you for your interest in Canada", which I found absurd (and somewhat offensive) at the end of a rejection letter.

U are not the only one offended in the room .. Our refusal letter were tailed with the same   
I'm so hesitate about the court thing espacially for timming factor ... I'm really devistated  cause my husband scored full markes in Education he is a physician .. age & education he holds a Masters...& I hold a B/A degree .. his only week point was the language he scored 5,  he didn't prepare for the IELTS probabley so we rlied on my sister relation proof & VO crashed it
I don't know what to do     
What did U do after Ur refusal ??

[computergeek]

What did U do after Ur refusal ??

I applied to Federal Court for review, pointing out that CIC's decision itself was inconsistent with similar decisions by the same officers in similar circumstances as well as being inconsistent with case law.  For good measure, we threw in a couple of Charter arguments as well.   We started the process in January.  In April the Registry sent the case to the Court for decision and as of today they still had not made a decision one way or the other.

Even if they were to decide tomorrow to grant review, that would mean the earliest date for a hearing would be mid-October and a decision could be months beyond that date as well.  In the unlikely even the Court decides in my favour, all that happens is that the file is sent back to CIC for reconsideration - which means it isn't realistic to expect an updated decision by CIC prior to this time next year.  And this is all continent upon everything working out for my position, which is hardly guaranteed.