+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

First PR application rejected. Received new ITA, now confusion regarding statutory question.

McHoagie

Star Member
Apr 9, 2016
83
4
So, my PR application was rejected a few days ago, due to my Employment Reference Letter missing some information, but I would be free to reapply and submit a new profile.

I did so yesterday and got lucky enough to receive an ITA in today's draw.
Now, I have a quick questiom regarding one of the statutory questions in the background check.

"Have you been refused admission to, or ordered to leave Canada?"

Does the rejection of my PR application constitute to answering that question with a "yes" or "no"?

Considering I got rejected due to a technicality I just wanna cover all my bases.

I hope one or some of you can provide some insight, I'm just a bit anxious to make a mistake at this point.
 

Gini

Full Member
Mar 19, 2016
48
26
Category........
FSW
NOC Code......
1112
AOR Received.
17-02-2017
Med's Done....
06-04-2017
Passport Req..
28-06-2017
The answer would be No. You have not been refused admission or ordered to leave...meaning you have not been deported. Your first PR application was incomplete, that's all.
 
  • Like
Reactions: mamgain

McHoagie

Star Member
Apr 9, 2016
83
4
I agree with Gini...good luck
You think?

My employment reference letter wasn't properly dated, so the officer raised concern regarding me fulfilling the work experience requirements. I asked my employer to fix this mistake for my new application.

Wording is as follows:

"As I have found that you no longer meet the minimum criteria to be eligible to be invited to apply set out in an instruction given under 10.3(1)(e), you no longer meet the requirements of Section 11.2 of the Act. I am therefore refusing your application."


The last thing I want to happen after all this is accidentally "misrepresenting" myself.
 

mars_m

Full Member
Aug 28, 2015
34
1
You think?

My employment reference letter wasn't properly dated, so the officer raised concern regarding me fulfilling the work experience requirements. I asked my employer to fix this mistake for my new application.

Wording is as follows:

"As I have found that you no longer meet the minimum criteria to be eligible to be invited to apply set out in an instruction given under 10.3(1)(e), you no longer meet the requirements of Section 11.2 of the Act. I am therefore refusing your application."


The last thing I want to happen after all this is accidentally "misrepresenting" myself.
The statutory question refers to physical deportation or refusal at the point of entry while you are physically trying to enter Canada.
 

mamgain

Hero Member
Jan 25, 2017
311
126
Category........
FSW
I
You think?

My employment reference letter wasn't properly dated, so the officer raised concern regarding me fulfilling the work experience requirements. I asked my employer to fix this mistake for my new application.

Wording is as follows:

"As I have found that you no longer meet the minimum criteria to be eligible to be invited to apply set out in an instruction given under 10.3(1)(e), you no longer meet the requirements of Section 11.2 of the Act. I am therefore refusing your application."


The last thing I want to happen after all this is accidentally "misrepresenting" myself.
After reading this verdict, I think you should mention this refusal of entry in your application to avoid any unintended misrepresentation.
 

wan11knu

Hero Member
Jan 27, 2017
397
155
Mumbai
Category........
FSW
Visa Office......
New Delhi
IELTS Request
Upfront
Med's Done....
Upfront
Hi McHoagie
Sorry to hear about your rejection but good luck on your new application. I know you have mentioned your reason of rejection before but if i have understood correctly did your employer miss mentioning the from and to dates of your employment as well as number of hours?
 

McHoagie

Star Member
Apr 9, 2016
83
4
I


After reading this verdict, I think you should mention this refusal of entry in your application to avoid any unintended misrepresentation.
Seems to me as well, if not just to be safe.

So, for the first question:
"Has McHoagie been refused refugee status, or an immigrant or permanent resident visa (including a Certificat de sélection du Québec (CSQ) or application to the Provincial nominee Program) or visitor or temporary resident visa, to Canada or any other country?"

My response was:

"My prior permanent resident visa application, application number: "********", was refused, due to my employment reference letter lacking crucial details.

It was A: not properly dated, causing the officer to be concerned regarding the duration of my employment, which was stated throughout my application. And B: the division of my total hours among two positions not being properly indicated, raising doubts about my claimed full-time work experience.

I asked my employer to rectify these issues. The reference letter that will be used in this application should address these concerns, as well as prove my eligibility. Further details will be given in a letter of explanation."

Does that sound okay to you?


Additionally, do I answer: "Has McHoagie ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?", with a yes as well? I mean, I haven't been denied entry, etc.
 

McHoagie

Star Member
Apr 9, 2016
83
4
Hi McHoagie
Sorry to hear about your rejection but good luck on your new application. I know you have mentioned your reason of rejection before but if i have understood correctly did your employer miss mentioning the from and to dates of your employment as well as number of hours?
He had the hire date, but not the date of when the letter was drafted, which is a stupid thing to miss but also I feel a bit of pedantic thing to dismiss an application for.

My weekly hours weren't missing, rather the division of hours. I claimed points for NOC 6311-Food Service Supervisor, but occasionally get a bartending shift, once a week. I had my boss rectify this by writing my total hours "from-to date" for each "position". I will further clarify in an LOE and hope that this will be enough to satisfy them.
 

mamgain

Hero Member
Jan 25, 2017
311
126
Category........
FSW
Seems to me as well, if not just to be safe.

So, for the first question:
"Has McHoagie been refused refugee status, or an immigrant or permanent resident visa (including a Certificat de sélection du Québec (CSQ) or application to the Provincial nominee Program) or visitor or temporary resident visa, to Canada or any other country?"

My response was:

"My prior permanent resident visa application, application number: "********", was refused, due to my employment reference letter lacking crucial details.

It was A: not properly dated, causing the officer to be concerned regarding the duration of my employment, which was stated throughout my application. And B: the division of my total hours among two positions not being properly indicated, raising doubts about my claimed full-time work experience.

I asked my employer to rectify these issues. The reference letter that will be used in this application should address these concerns, as well as prove my eligibility. Further details will be given in a letter of explanation."

Does that sound okay to you?


Additionally, do I answer: "Has McHoagie ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?", with a yes as well? I mean, I haven't been denied entry, etc.
You have been "been refused a visa or permit," ..... So yes , you should check yes and provide your explanation as you wrote above. And my experience tells me if they need more details they will come back to you.

But if you simply say "No"...then they might just reject and not ask for anything from you
 

wan11knu

Hero Member
Jan 27, 2017
397
155
Mumbai
Category........
FSW
Visa Office......
New Delhi
IELTS Request
Upfront
Med's Done....
Upfront
Yeah that seems very pedantic and sheepish of the officer to have not given your employer a call to verify your claims. I guess this is the downside of the higher volume of applications and ITA's being issued. They are looking for trivial reasons to reject applications and not do a little extra work.

Sad!!

But good luck once again..
 

McHoagie

Star Member
Apr 9, 2016
83
4
Yeah that seems very pedantic and sheepish of the officer to have not given your employer a call to verify your claims. I guess this is the downside of the higher volume of applications and ITA's being issued. They are looking for trivial reasons to reject applications and not do a little extra work.

Sad!!

But good luck once again..
If the VA would have contacted me, my employer or even ask for additional proof, T4s, etc. I would've easily and gladly provided those. But it is what it is. Goes to show that the basics they want are more than important. So, keep an eye out for that, folks.

You guys are right, better to be safe than sorry. I was worried checking "yes" would automatically get me into trouble. But considering they have me on file anyway, I'd rather do that and explain the situation as best as I can. As long as I do that, I reckon I don't need to worry?

On the plus side, that was the only thing mentioned in my refusal letter, meaning everything else at least seemed to have been satisfactory.
 
  • Like
Reactions: mamgain

Devt2184

Full Member
Apr 29, 2017
28
6
So, my PR application was rejected a few days ago, due to my Employment Reference Letter missing some information, but I would be free to reapply and submit a new profile.

I did so yesterday and got lucky enough to receive an ITA in today's draw.
Now, I have a quick questiom regarding one of the statutory questions in the background check.

"Have you been refused admission to, or ordered to leave Canada?"

Does the rejection of my PR application constitute to answering that question with a "yes" or "no"?

Considering I got rejected due to a technicality I just wanna cover all my bases.

I hope one or some of you can provide some insight, I'm just a bit anxious to make a mistake at this point.
Could you please let us know what was missing in your employee reference letter so we all doesn't miss that ??
 

raven00090

Hero Member
Oct 27, 2013
626
44
34
Mumbai, India
Category........
CEC
Visa Office......
CPC-Ottawa
NOC Code......
2282
App. Filed.......
27-01-2017
AOR Received.
27-01-2017
Passport Req..
16-06-2017
VISA ISSUED...
21-06-2017
McHoagie, may I ask at what point of time were you rejected the first application? Was it after 2 months or 3 months or 4 months? Thanks, I am asking because I might be in a bit of similar situation here.
 

McHoagie

Star Member
Apr 9, 2016
83
4
McHoagie, may I ask at what point of time were you rejected the first application? Was it after 2 months or 3 months or 4 months? Thanks, I am asking because I might be in a bit of similar situation here.
AOR was Feb 14th.
Rejection on the 29th of May