Reasons for Rejection

[arrayofhope]

Hi jdCanadian,
I know you didn't direct your question to me but, for purposes of the police clearance certificates validity dates for Express Entry, "short visit" and "stay" mean the same things. People assume that, because they weren't 'living' there, they were just 'visiting', it doesn't count, but it does. The point is that, if you go back to a country even for 1 hour after you get the PCC, the results of your PCC aren't complete (because they don't cover that 1 hour) - you could have committed a crime in that 1 hour of visiting, and the PCC wouldn't reveal it, so it's not valid. This is not true, You PCC is valid if you received it before leaving a country and visited it again, as long as it is under the six month period. There is nothing in the express entry section on Police certificates that explicitly state that you can only have a PCC under 6 months old for a country, if you are a current resident. It states that if you have lived there in the PAST(6 months prior or longer) - Then the PCC should have been issued after you lived there.

Your background check is simply not complete once you submit your PCC to CIC. They very likely follow up with their own verification with the country that processed your PCC(I am not completely sure about this though, I am assuming based on the progress in my file). My Biometrics and possibly FBI checks were verified with the US gov, where I used to live before I applied for EE and I received my PCC before leaving the US.

I was informed by CIC reps and lawyers that this PCC would be sufficient and my case was not rejected. I am a resident now. I have been following this issue for a while but I haven't come across one case where CIC rejected an application because the PCC was issued before someone left a country.

Therefore (unless you're currently living in that Country, in which case the rule is that the PCC just needs to be less than 6 months old), if you went back to a country for a short visit after the PCC was issued, it's invalid and you may have issues with your application if IRCC realizes this.

There are some people on this forum, though, who state that, if you already submitted your eAPR and received AOR, then it is fine, as IRCC wouldn't expect you to now either stop travelling until your PR is approved, or get a new PCC after submitting your application...I don't know how true this is though...

 

[arrayofhope]

The rule states that for the country of residence or if you received your PCC before leaving the country it should be issued within the last 6 months. However, in reality, this doesn't hold true and analyst has rejected many applications on this ground of PCC not covering all dates of stay. These rejections are only when the PCC does not indicate all the dates or locations lived at, in a given country. There hasn't been a single rejection, or at least I haven't come across one where the PCC was under 6 months old and covered all dates and locations prior to the date issued.

Experts have indicated that you should cover all dates, and should renew your PCC if you have re-visited the country. It is the discretion of Criminality Check department to call for new PCC anytime.

In conclusion, despite rule allows you to visit your country of citizenship without the need of renewing PCC but it will be the decision of analyst to accept or reject applications.

I hope this will help.

 

[TanakaM]

Although I do not entirely dispute what you have said, the instructions are given twice below:

The first one is seen in the completeness check and states:
"

• For countries in which the applicant no longer resides, the police certificate must have been issued after the last time the applicant lived in that country."

http://www.cic.gc.ca/english/resources/tools/perm/express/intake-complete.asp


The second instruction is as follows:
"have lived there in the past, the police certificate must be issued after you last lived in that country or territory."

http://www.cic.gc.ca/english/information/security/police-cert/intro.asp

According to both if you revisit a country before submitting your application you will need a new PCC as you will have lived there, even for a day.

Perhaps they should have been clearer when they say "last lived in that country" as I think this is the source of confusion.

My advise to anyone is to never leave it to the officer's discretion. Play it say and get a new PCC.

Regards

 

[onkarsharan]

Could you please send me the link, where they ask to upload pages with stamps? I've only seen a requirement about bio page. Thanks.

It is very much compulsory. It is very clear in their instruction list.

 

[crescent_jam]

Hi arrayofhope,
Thanks for your feedback; however, I can't say I agree with your assessment that what I posted 'isn't true'. As I stated in a subsequent post, my sister's first application was rejected for this exact reason; you just may have had different luck.

My sister's FBI US PCC WAS less than 6 months old, but she had visited the US for 4 days after the PCC was issued, and she was advised in her cancellation email that this was the reason her application was being cancelled. (And she had actually submitted an LOE showing she had applied for a NEW PCC and it just hadn't arrived yet, along with the evidence of said FBI PCC application - which is what you're instructed to do because the FBI PCC's take so long to get - and her PR application was still rejected).

You probably received an Immigration Officer who chose to apply the policy differently (as many do). Some of the Immigration Officers consider 'country of residence' as the country you are currently in at the time of application, not your 'true' country of residence, so the rule of '6 months old for your country of residence' will be interpreted by some Officers as '6 months old for the country you're currently in at the time of application'. The fact is that some of the Immigration Officers will argue that even if you just set foot in the country to visit it for 1 hour after you last lived there, the PCC won't cover that 1 hour and you could have committed a crime. They only allow the 6-month-old rule for 'current countries of residence' because it would be impossible to provide a PCC produced after your last date in a country if you're CURRENTLY living there (you'd never be able to get the PCC or submit your application).

While I appreciate you trying to provide help based on your own experience, please remember that each of our experiences is just that - our OWN experiences. And unfortunately, this process is complex and not all persons will be treated the same in all situations. All we can do is try to share our own experiences so that others can try to avoid the hiccups that others experienced and this IS, unfortunately, a potential hiccup, based on my sister's experience.

 

[arrayofhope]

Hi arrayofhope,
Thanks for your feedback; however, I can't say I agree with your assessment that what I posted 'isn't true'. As I stated in a subsequent post, my sister's first application was rejected for this exact reason; you just may have had different luck.

My sister's FBI US PCC WAS less than 6 months old, but she had visited the US for 4 days after the PCC was issued, and she was advised in her cancellation email that this was the reason her application was being cancelled. (And she had actually submitted an LOE showing she had applied for a NEW PCC and it just hadn't arrived yet, along with the evidence of said FBI PCC application - which is what you're instructed to do because the FBI PCC's take so long to get - and her PR application was still rejected).

You probably received an Immigration Officer who chose to apply the policy differently (as many do). Some of the Immigration Officers consider 'country of residence' as the country you are currently in at the time of application, not your 'true' country of residence, so the rule of '6 months old for your country of residence' will be interpreted by some Officers as '6 months old for the country you're currently in at the time of application'. The fact is that some of the Immigration Officers will argue that even if you just set foot in the country to visit it for 1 hour after you last lived there, the PCC won't cover that 1 hour and you could have committed a crime. They only allow the 6-month-old rule for 'current countries of residence' because it would be impossible to provide a PCC produced after your last date in a country if you're CURRENTLY living there (you'd never be able to get the PCC or submit your application).

While I appreciate you trying to provide help based on your own experience, please remember that each of our experiences is just that - our OWN experiences. And unfortunately, this process is complex and not all persons will be treated the same in all situations. All we can do is try to share our own experiences so that others can try to avoid the hiccups that others experienced and this IS, unfortunately, a potential hiccup, based on my sister's experience.

Hey there,

Sorry to hear about your sister's rejection. If she had submitted an LOE along with proof of submission they cannot reject her file, seems like she did as she was instructed. I hope she raises a CSE and they reopen her file. It is sad to see that different immigration officers apply rules differently, I expressed my thoughts since CIC reps clearly indicated that a PCC is valid if under 6 months.

 

[crescent_jam]

Hey there,

Sorry to hear about your sister's rejection. If she had submitted an LOE along with proof of submission they cannot reject her file, seems like she did as she was instructed. I hope she raises a CSE and they reopen her file. It is sad to see that different immigration officers apply rules differently, I expressed my thoughts since CIC reps clearly indicated that a PCC is valid if under 6 months.

Oh no worries; she had a fairly high score, so she just submitted a new profile, got a new ITA within a day and then submitted all the documents again once the US PCC finally got to her (a day after she received the first application cancellation notice). She's currently residing in Ontario as a PR, so happy ending all around Let's hope we all have the same!!!

 

[Carly44]

Hey there,

Sorry to hear about your sister's rejection. If she had submitted an LOE along with proof of submission they cannot reject her file, seems like she did as she was instructed. I hope she raises a CSE and they reopen her file. It is sad to see that different immigration officers apply rules differently, I expressed my thoughts since CIC reps clearly indicated that a PCC is valid if under 6 months.

HI THERE
wondering if you can help me please. I applied under CEC & I have over 10 yrs experience with in my field that i applied under, do CIC only look at ur Canadian experience for the NOC code requirements or all of my years experience under that NOC code??

 

[arrayofhope]

HI THERE
wondering if you can help me please. I applied under CEC & I have over 10 yrs experience with in my field that i applied under, do CIC only look at ur Canadian experience for the NOC code requirements or all of my years experience under that NOC code??

Hi,

Have a look at this,

Foreign work experience – With Canadian work experience
Years of experience Points for foreign work experience + 1 year of Canadian work experience
(Maximum 25 points) Points for foreign work experience + 2 years or more of Canadian work experience
(Maximum 50 points)
No foreign work experience 0 0
1 or 2 years of foreign work experience 13 25
3 years or more of foreign work experience 25 50

You do get additional points for work experience that is outside of your Primary NOC as long as you have provided the reference letters or other documents that are needed.

I applied as a Federal Skilled worker and had to use work experience that was outside my primary occupation to get enough points to qualify for an ITA. It was accepted and I am now a resident. I hope this answers your question.

Cheers!!

 

[arrayofhope]

Oh no worries; she had a fairly high score, so she just submitted a new profile, got a new ITA within a day and then submitted all the documents again once the US PCC finally got to her (a day after she received the first application cancellation notice). She's currently residing in Ontario as a PR, so happy ending all around Let's hope we all have the same!!!

Great to hear that things worked out. Would it be possible to post the details of your sister's rejection letter(without personal details of course)? As you mentioned, It could help others in a similar situation.

 

[Carly44]

Hi,

Have a look at this,

Foreign work experience – With Canadian work experience
Years of experience Points for foreign work experience + 1 year of Canadian work experience
(Maximum 25 points) Points for foreign work experience + 2 years or more of Canadian work experience
(Maximum 50 points)
No foreign work experience 0 0
1 or 2 years of foreign work experience 13 25
3 years or more of foreign work experience 25 50

You do get additional points for work experience that is outside of your Primary NOC as long as you have provided the reference letters or other documents that are needed.

I applied as a Federal Skilled worker and had to use work experience that was outside my primary occupation to get enough points to qualify for an ITA. It was accepted and I am now a resident. I hope this answers your question.

Cheers!!

Thank you, appreciate your reply. Theres no denying my NOC code, however, what CIC have as their description for my NOC # just seems weird & not really what my job does. Tje wording us different to mine.. im at ip2 so im super nervous

I also have another question: the COO of my company in canada wrote me a personal reference today with more job duties relating to my NOC code. I was asked yeaterday to send over an updated family information form which i have done. It still givez u the option to update information, should i resend the family information form with the new reference attached? Im just scared theyre not gonna get it ontime. I sent an email to cpc & raised CSE.... let me know- thanks

 

[hchida]

Hi there I have a question about a proof of funding. I got ITA about a month and a half ago and recently collecting all the documents I need. I am applying under CEC program. I understand that under this program, you do not need to have a certain amount of money, but I am asked to submit proof of funding anyways. I have 6 accounts in my bank including chequing, saving and investment accounts. Do I still need to submit all of the accounts' balance history for the past 6 months? because it is a lot of documents....or just the statement balance is ok? Please share your experience with me! thank you in advance.

 

[arrayofhope]

Thank you, appreciate your reply. Theres no denying my NOC code, however, what CIC have as their description for my NOC # just seems weird & not really what my job does. Tje wording us different to mine.. im at ip2 so im super nervous

I also have another question: the COO of my company in canada wrote me a personal reference today with more job duties relating to my NOC code. I was asked yeaterday to send over an updated family information form which i have done. It still givez u the option to update information, should i resend the family information form with the new reference attached? Im just scared theyre not gonna get it ontime. I sent an email to cpc & raised CSE.... let me know- thanks

What is your NOC code and your job duties? If you provide it, it might be more helpful for me or others in this forum to give you our thoughts. I think you should just resend your family information. If you are in IP2, you probably shouldn't worry too much, since they would have already assessed your work history etc.

 

[arrayofhope]

Hi there I have a question about a proof of funding. I got ITA about a month and a half ago and recently collecting all the documents I need. I am applying under CEC program. I understand that under this program, you do not need to have a certain amount of money, but I am asked to submit proof of funding anyways. I have 6 accounts in my bank including chequing, saving and investment accounts. Do I still need to submit all of the accounts' balance history for the past 6 months? because it is a lot of documents....or just the statement balance is ok? Please share your experience with me! thank you in advance.

Just get a letter from the bank where you have the required funds. If this is not possible, just submit 6 months of statements for only one account that has the required POF. I have several accounts as well, but showed only one account for POF.

 

[Carly44]

What is your NOC code and your job duties? If you provide it, it might be more helpful for me or others in this forum to give you our thoughts. I think you should just resend your family information. If you are in IP2, you probably shouldn't worry too much, since they would have already assessed

My status went from Were processing your bg check > NA. Then they requested family.

The letter said: we have begun processing your application, to make a decision we require the following..Family information doc

Iam applying under NOC code 1222 Executive Assistant.

Coordinate daily office and other administrative activities. Ensure day-to-day administration for the office is provided for all Operation staff

· Provide executive support to the COO including answering calls, opening, answering and screening/distributing mail

· Deal with all internal services, including utilities, supplies, repairs and security

· Expense reports for Executives

· Order and controlling all office supplies, maintaining and stocking stationery inventories.

· Travel, Domestic and International inc hotel bookings for COO and Executive Team

· Provide excellent customer service through the professional completion of reception duties including answering incoming calls, greeting clients and visitors, booking, setting and clearing meeting rooms

· Help and Coordinate all Office Moves

· Support IRC administrative activities

· Diary Management for Operations COO- Booking meetings both internally and externally

· Liasing with external clients

· Filing/scanning and uploading all dealer agreements to sharepoint
Minute taking
Extensive document writing for executive teams as well as high attention to detail
Projrct management & ownership with the highest level of confidentiality