CEC processing stages

[HPank78]

Our CIC online status changed to decision made on May 12th, we received medical requests on May 25th which were all good and submitted within a week.
A full month later on June 26th, we received a decline letter based on lack of evidence of employment in our application.
It was my understanding that a medical request is the final stage and the rest of the application has been "Pre-approved" to that stage.
Has anyone seen this happen before? Could it be a clerical error?
Thanks!

 

[LPS]

Sorry to hear that - I guess in theory a clerical error is possible.

The medical request may not necessarily mean that you've passed the eligibility review, although in many people's experiences the MR arrives around the same time as the "Request for RPRF and updates" email, which does usually state that the application was found eligible, with admissibility (security, criminality, medical) yet to be determined. Employment is part of the eligibility requirements.

Did you get an RPRF request?

What does the refusal letter say about employment specifically?

 

[swathi461]

Our CIC online status changed to decision made on May 12th, we received medical requests on May 25th which were all good and submitted within a week.
A full month later on June 26th, we received a decline letter based on lack of evidence of employment in our application.
It was my understanding that a medical request is the final stage and the rest of the application has been "Pre-approved" to that stage.
Has anyone seen this happen before? Could it be a clerical error?
Thanks!

Did they asked for any employment details.Why did they decline ---Any wrong with your employment.Did they ask for anything else or simply sent a decline letter.

 

[ZingyDNA]

Our CIC online status changed to decision made on May 12th, we received medical requests on May 25th which were all good and submitted within a week.
A full month later on June 26th, we received a decline letter based on lack of evidence of employment in our application.
It was my understanding that a medical request is the final stage and the rest of the application has been "Pre-approved" to that stage.
Has anyone seen this happen before? Could it be a clerical error?
Thanks!

Your status went to decision made on May 12, before you received medical request? That's weird because how can the decision be positive before they get your medical results? If it's negative, why would they send you the medical request later?

 

[HPank78]

Exactly that's what we don't understand, the timing doesn't make sense. Why ask for medicals if they were declining anyway?

No we didn't receive the RPRF request, just the medical request and updated police clearance requests.

The refusal letter said the letter of employment does not establish an employer/employee relationship, that the payment of CPP contributions and employment insurance premiums, in and of themselves, does not establish the employment relationship and as a result, have not satisfied the officer that we were not self employed.

My husband set up the company he works for back in 2008 but has since (2011/2012) given up half the company to another partner in order to be an employee- director.

They did not request any further information which if they had, we could have provided in the form of contracts, CRA letter etc. But after the medical request, we thought that it was pre-approved.

Thanks for the questions and feedback

 

[Matt the Aussie]

Exactly that's what we don't understand, the timing doesn't make sense. Why ask for medicals if they were declining anyway?

No we didn't receive the RPRF request, just the medical request and updated police clearance requests.

The refusal letter said the letter of employment does not establish an employer/employee relationship, that the payment of CPP contributions and employment insurance premiums, in and of themselves, does not establish the employment relationship and as a result, have not satisfied the officer that we were not self employed.

My husband set up the company he works for back in 2008 but has since (2011/2012) given up half the company to another partner in order to be an employee- director.

They did not request any further information which if they had, we could have provided in the form of contracts, CRA letter etc. But after the medical request, we thought that it was pre-approved.

Thanks for the questions and feedback

Do you receive a T4 salary directly from your husband's company or do you get paid some other way?

 

[HPank78]

Correct T4- salary.

We did however just notice the UCI is missing for some reason so have enquired with the Accountant as to why!

 

[CEC_1304]

The refusal letter said the letter of employment does not establish an employer/employee relationship, that the payment of CPP contributions and employment insurance premiums, in and of themselves, does not establish the employment relationship and as a result, have not satisfied the officer that we were not self employed.

My husband set up the company he works for back in 2008 but has since (2011/2012) given up half the company to another partner in order to be an employee- director.

Thanks for the questions and feedback

Looks complicated to me .

Anyway as per my understanding CIC should give 60 days time to provide you your explanation. But no clue why they have not given any time to you

 

[Matt the Aussie]

Correct T4- salary.

We did however just notice the UCI is missing for some reason so have enquired with the Accountant as to why!

You've already noted you have a T4 salary, and that CPP and EI is paid on your behalf by your employer. These are very good signs but I imagine immigration's concern is that you are related by marriage to the owner (now partner). It's possible in Immigration's eyes that he created a position for you that "does not exist" or is not necessary for business operations and paying your salary would be considered a write-off for his business. Having a second "employee" (legitimate or otherwise) is also a common tactic in order for self-employed individuals to qualify for group participation financial products (e.g. retirement/pension products, insurance, etc.).

Are you yourself listed as an owner? Do you receive any direct T5 income from the running of the business e.g. dividends? Or only what your husband draws himself?

 

[LPS]

Looks complicated to me .

Anyway as per my understanding CIC should give 60 days time to provide you your explanation. But no clue why they have not given any time to you

That's a good point. It seems in some cases they allow 'procedural fairness', in others they don't. Perhaps the eligibility review in this case was enough of a slam dunk that they felt it wasn't needed. It's still an option to appeal though...

 

[HPank78]

Thanks sorry I didn't explain well enough- my husband is the main applicant therefore the decline is his.

I wondered if there was a fairness policy of some sort but the only thing I could find was the Office of the Fairness Commissioner fairnesscommissioner.ca/index_en.php?page=index but I don't think it's applicable for us.

I think we will request a review regardless.

Thanks alot

 

[Matt the Aussie]

Thanks sorry I didn't explain well enough- my husband is the main applicant therefore the decline is his.

I wondered if there was a fairness policy of some sort but the only thing I could find was the Office of the Fairness Commissioner fairnesscommissioner.ca/index_en.php?page=index but I don't think it's applicable for us.

I think we will request a review regardless.

Thanks alot

That makes more sense. He is by your own account the partner in a business, therefore he is not "employed" by anyone other than his own company.

If you qualify for CEC based on your own merits and can prove you are an employee, you may be able to get approval as principal applicant rather than your husband?

 

[jes_ON]

It was my understanding that a medical request is the final stage and the rest of the application has been "Pre-approved" to that stage.

This has never been true, although it is a popular myth on this discussion board.

 

[HPank78]

Yes that's correct Matt the Aussie. Maybe we will have to look at alternative routes then. Thx for your input

Thanks jes_ON, just a myth then :'(

 

[ZingyDNA]

This has never been true, although it is a popular myth on this discussion board.

Yeah it really depends on the situation. Usually MR is sent out after eligibility is passed, but you can still get rejected if criminality/security fails. The OP's case is strange because it looks her eligibility failed but MR was still sent out..

Probably a cleric error. It would pretty bad if they did medical because of that..