Difference between ineligible and refusal

[canadahelp7]

Hello All,

A question on the "Background/Declaration" form is
Have you been refused refugee status, an immigrant or permanent resident visa or visitor or temporary resident visa, to canada or any other country?

I had my FSW application returned as they received it after the cap of 1000 applications were received. The letter says I am ineligible as they received it after the cap was met.
Should I say "Yes" to the question above? Since the return of the application, I arrived on study permit and now a PNP nominee.
I mailed my application to CIC for the federal application and was thinking if this question had to be answered as "Yes". Please advise.

Is there any way I can contact CIC via email or fax to let them know - I presume without a file no there is nothing I can do.

 

[Dani3lism]

Just call them and ask.

1888 242 2100 Try to call them early in the morning to avoid high volume of calls and waiting.

 

[on-hold]

Don't even bother getting in touch with CIC -- it'll take time and maybe money. Just put it down as a refusal and explain that you applied after the cap; there's no possible way that doing this will negatively affect your application. However, if CIC tells you that you don't need to mention it, and then your VO (for whatever reason) feels that you should have, that will affect your application -- why open the door for this to occur?

 

[RINATA16]

Means you are not qualify or not eligibale because of you didn't meet the requirements.

 

[canadahelp7]

Thank you everyone.
The problem is I already mailed the documents and realised they may count it as mis-representation whilst it was not the case. It was not refusal but the application returned as I was ineligible hence the confusion of what their definition for "refusal" is.

 

[arif.jabbar]

You should send them a new background declaration form, explaining them the situation once you get AOR (send new background declaration form to CIO-NS, don't forget to sign it). Don't even worry before getting AOR.

What is AOR - basically your PR file number.

 

[canadahelp7]

You should send them a new background declaration form, explaining them the situation once you get AOR (send new background declaration form to CIO-NS, don't forget to sign it). Don't even worry before getting AOR.

What is AOR - basically your PR file number.

Thank you Arif, I hope they will consider additional documents.

Do anyone have experience of sending missing/additional documents to CIO ? It will be very helpful to hear the experience

 

[Divine_favour]

If no application fees was collected by CIO-NS for the FSW, that means it was never processed. In that case, you do not have any record with CIC. On the contrary, if your FSW application was billed and you paid the application fees and the fees was not returned to you. In this case you have been considered to have applied and refused.

 

[canadavisa13]

hi canadahelp7,

based on my knowledge you should have answered NO to the above question because your application was not processed at all since no data has been entered and it was returned back to you due to CAP has been reached.
if you have already answered YES don't worry as this will not affect you in anyway but as soon as you get file number from CIO and your application will be forwarded to cpp-ottawa (assuming you are residing in canada currently) then send a cover letter addressed to immigration officer explaining the issue and you should be fine,at that point the officer will either correct the answer himself or ask you to submit a new updated form with correct answer.

good luck and wait patiently

 

[canadahelp7]

Thank you Divine_Favour and canadavisa13

My application was returned without being billed but from an experience I had with a call centre operator, I found that they maintain records of all application received in their system irrespective of it being returned as in my scenario. I was calling in to get information on my work permit and the operator looked at my records and mentioned they see the PR application I had submitted to which I responded that it was not processed and returned as the cap was met.
So I think they keep all records of our activities with immigration.

Yesterday, I spoke to someone at the call centre who said it is not a refusal but since my experience with them have always been tricky with different information from each agent I speak to, I emailed CIC to get their input. As you indicated, I will wait until AOR and send a revised background/declaration form to be certain my selection does not negatively impact my application.

Thank you very much everyone for your response!