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application returned can't resubmit again...

wenbee222

Full Member
May 14, 2015
31
2
i heard one of my friend who submitted his application in April, it has returned on 10/JUN, he called CIC and the staff said he can resubmit the application again as long as he presents in canada for 4 years...i thought when we submit application before 10/JUNE it could follow old law...
 

dpenabill

VIP Member
Apr 2, 2010
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wenbee222 said:
i heard one of my friend who submitted his application in April, it has returned on 10/JUN, he called CIC and the staff said he can resubmit the application again as long as he presents in canada for 4 years...i thought when we submit application before 10/JUNE it could follow old law...
The old law only applies if a complete application was received by CIC on or before June 10. For those who, for whatever reason, submitted an application CIC has deemed to NOT be complete, and was returned to the applicant, they could still be processed governed by the old requirements only if they got the complete application back to CIC by yesterday, June 10. Otherwise they will have to reapply using the new forms, which are supposed to be available later in the day today, and governed by the new requirements which take effect today, including the minimum 1460 days actual presence requirement.
 

dpenabill

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Apr 2, 2010
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wenbee222 said:
i am not sure in which situation they will return the application? language? photo? or other else?
Any of those could have been the reason for CIC to deem the application incomplete. Educational records for children have been an issue that has caused a lot of confusion and consternation. Blanks left in the form . . . gaps in address or work history . . . there are a lot of detailed elements in the application which are screened for completeness, and when CIC identifies one of these it deems the application to not be complete.

The statute says that an application is made when the complete application is signed.

CIC has broad authority, within the parameters prescribed by statute, to dictate what is necessary for an application to be complete. Indeed, CIC specifically utilized this authority to make today, June 11, the date upon which only applications using the new forms would be complete, but did not make these forms available before today (still had not the last I looked a bit ago) . . . thus effectively precluding anyone being able to submit a complete application as of today but dated before today. Thus establishing an absolute cut off.

This was a rather tricky maneuver by CIC, manipulating the technical scope of its authority, typical of the Harper government, perhaps questionable legally but most likely without recourse or remedy (except at the ballot box, for those paying attention to the manner of governing, not just the substance of this government's actions). But it works. It is accomplishing what this government obviously wanted: to give minimal advance notice of when this was going to happen, to do so before most people expected it (most expected it to happen no sooner than June 19th, and July 1st the most common bet), and then establish an absolute cut off. Mission accomplished.
 

scylla

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wenbee222 said:
i am not sure in which situation they will return the application? language? photo? or other else?
What dpenabil said.

It doesn't matter why the application was returned. Because it was incomplete, you can no longer apply under the old rules and must wait until you qualify under the new rules.