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Author Topic: PR application decision subjective?  (Read 482 times)
maplesyrup
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« on: May 11, 2012, 08:40:26 pm »

Hello,
Can someone tell me if a Family Class PR application (not the sponsorship application) can be rejected if no medical, criminal, misrepresentation, or security problem exists?
In other words, is the decision discretionary, or subjective, at all, or is it strictly a matter of meeting all the requirements?

Thanks
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Bright_skies
Star Member
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Posts: 50
Ratings: +2
Category........: FAM
Visa Office......: Vegreville
App. Filed.......: 03-06-2013
Med's Done....: 28-05-2013

« Reply #1 on: May 11, 2012, 09:08:03 pm »

For 'misrepresentation' they are looking for, in part, the truth of what you claim. Is the relationship real? If they don't believe it is, then even with no medical, financial, or criminal discrepancies they will reject you. 
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scylla
VIP Member
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Posts: 9705
Ratings: +228
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 28-05-2010
AOR Received.: 19-08-2010
File Transfer...: 28-06-2010
Passport Req..: 01-10-2010
VISA ISSUED...: 05-10-2010
LANDED..........: 05-10-2010

« Reply #2 on: May 11, 2012, 10:52:48 pm »

Agreed with Bright skies. Even if everything else is OK - then can still reject if they feel the relationship is not genuine.
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maplesyrup
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« Reply #3 on: May 11, 2012, 10:57:00 pm »

That is a good point... the relationship part is inherantly subjective.
Is that all, though?  What if they just don't like the cut of your jib?
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OhCanadiana
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Posts: 2682
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« Reply #4 on: May 11, 2012, 11:07:08 pm »

That is a good point... the relationship part is inherantly subjective.
There's also the intent to settle in Canada bit.

Is that all, though? 
Yup - it's purely based on the criteria in the checklists and further detailed primarily in IP-2, OP-2.

What if they just don't like the cut of your jib?
[/quote]
That is not sufficient reason to reject you.  CIC really is good about establishing set criteria - and publishing them for all to see - and if you pass each step you make it through to approval.

And, then, if the VO were to go crazy right before reviewing your app, you can write to the program manager and ask them to reconsider, and if they went crazy too simultaneuously you can appeal. Wink
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These are just some thoughts based on the information available, what I've read, and my experience.  I am not an expert; if you want the facts, cic.gc.ca has a wealth of information.  Good luck with your application!  Hope you have a wonderful day *smile*
maplesyrup
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« Reply #5 on: May 11, 2012, 11:14:39 pm »

That's a relief.  This is a good thing for people to remember, I guess.
BTW what are IP-2 and OP-2
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robrod
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« Reply #6 on: May 12, 2012, 01:08:10 am »

"Can someone tell me if a Family Class PR application (not the sponsorship application) can be rejected if no medical, criminal, misrepresentation, or security problem exists?", I'd say the answer is no. Why would it be rejected if those conditions are met?. Then again, I do not work at CIC.
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canadianwoman
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Posts: 3709
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Category........: FAM
Visa Office......: Accra, Ghana
App. Filed.......: 30-01-2008
Interview........: 05-05-2009

« Reply #7 on: May 12, 2012, 04:20:19 am »

The decision about whether security or misrepresentation problems exist is to a degree a subjective decision. Both partners may swear the relationship is genuine, but the VO may not believe it for subjective reasons. Does the applicant seem to be honest - that is the crux of many decisions, and that is subjective.
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Fencesitter
Champion Member
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Posts: 1781
Ratings: +45
Category........: FAM
Visa Office......: Hong Kong
Job Offer........: Yes
App. Filed.......: April 13, 2012
AOR Received.: AOR2 July 25, 2012
File Transfer...: July 13, 2012
Med's Done....: Mar 1, 2012
Interview........: WAIVED!
Passport Req..: Aug 28, 2012
VISA ISSUED...: Sept 24, 2012
LANDED..........: Jan 30, 2013

« Reply #8 on: May 12, 2012, 08:36:29 am »

While some aspects may be subjective, I'm pretty sure the VOs have standards to meet and cannot make a 'personal' decision.  That said, I believe as long as you have proved your case and there are no major issues, it shouldn't be a problem.

I cannot see the VOs saying something like "This guy/gal is ugly - denied!" 

At least they interview before rejecting. 

FS
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Extremely satisfied with CIC!  We arrive back in Canada for good on September 16!!!
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