I got an email last Thursday that my application was refused due to the following reason:
According to the VO, my application was received last October 21, 2010, and my certificate of nomination for PNP program (I was an approved nominee for Alberta) expired last September 28, 2010.
And for this reason, they refused my application for PR due to my application was received after an expired certificate. All other documentation was okay except for that reason stated for refusal.
My question to all of you is : CAN I FILE RECONSIDERATION TO REVERSE DECISION N THIS ON GROUNDS THAT THEY OVERLOOKED MY APPLICATION DATES? Why am saying they over looked the dates is because here is the brief story of my application:
I got nominated for PNP last April 2010. My approval certificate was valid until September 28, 2010 and per PNP rule, the CIC of buffalo must receive the PR application before my expiration of certificate.
I submitted my complete documents to CIC buffalo last August 13, 2010 (I have a copy of the tracking receipts and a copy of the application postmarked by the CIC buffalo that the application was received last August 13, 2010) Included in the application was the application payment of 550.00 in cashier's check Dated June 21, 2010 and has validity of 90 days)
But because they did not cashed the check within 90 days, the check becomes a stale check ( why they waited long to cashed it...I DON'T KNOW.) for this reason, CIC buffalo sent me a letter last October 4, 2010 requesting to send new checks in replacement to the lapsed checks. No other things requested other than the checks. So I immediately send them a new one on October 10, 2010 sent by Fed EX.
Since then, I did not hear anything from buffalo, then May 17, 2011, I received a letter requesting me to undergo medical under DMP, which I did on June 15, 2011 and was received by Ottawa last June 27, 2011.
Then I have not heard anything again, and then Last September 22, 2011, I received an email stating that my file was transferred from buffalo to Los Angeles office to expedite the process.
Last October 12, 2011, My ECAS changed to decision made but no PPR so I waited for the letter but after 3 weeks no letter came so I decided to send them email last October 27, 2011, then they responded last November 10, 2011 stating that they refuse my application due to my application was received after my certificate was expired.
1. How come the VO say my application was received in October 21, 2010 when my application was stamped by buffalo August 13, 2010?
2. Is that our (applicant) fault if they did not cash the checks right away? Are we to be blame for that?
3. If my certificate of Nomination was really expired, how come Buffalo did not say that when they asked a check replacement last October 4, 2010?
4. Why let me undergo medical after 1 year if at the end my application will be refused?
I have all the documents from Buffalo...what do you think with my situation?
Do you think I have strong grounds to request for reconsideration? Is that considered an error on their part? What do I have to do now? Do I need a lawyer for this? PLEASE HELP
I am very sorry to hear your story. I believe what you could learn from this is never wait until last minute to deal with immigration, even "last 2 minutes" is risky, too. However, from what you described, you are not at fault and your application was actually received by the expiry of nomination. There was issue with cheque encashing leading to the file was not created when it's supposed to be. They waited until full application fee payment received and that was beyond the nomination expiry. The visa officer was not aware of this fact, he was not aware that the first money order was not cashed out on time, this is mistake of Buffalo clerical staff, not you.
What you could do, if I were you, is to write a detailed explanatory letter to the following parties, make sure you include all proofs of submission, copies of money order records, and PNP, CIC file numbers.
1. Individual-case inquiries related to the decision or decision making process
Mr. Mark Floyd, Director, Geographic Operations, Asia & the Americas
o Americas: Nat-Americas @ cic.gc.ca
2. Buffalo Immigration Manager
Catherine.Bailey @ international.gc.ca
3. Los Angeles Immi Manager
Erin.Brouse @ international.gc.ca
4. Your nomination province
I hope you will be able to resolve this issue quickly! I believe they will review your case.