Incorrect Review and Refusal of EE Application

[dhananjaybhati]

I had applied for permanent residence under the Federal Skilled Worker Express Entry and received an ITA in November 2020.

I got married on Feb 18, 2022 and updated my marital status on my application. On July 29, 2022, I received a request letter asking to submit a few forms and documents for my spouse, which I did. Nowhere in this letter did they ask for submitting Biometrics.

Then on December 2, 2022, I got a refusal letter stating that I hadn't submitted Biometrics due to which they are refusing the application.

I have now completed the assessment of your application for a permanent resident visa and I have determined that you do not meet the requirements of the Immigration and Refugee Protection Act.
Subsection 16(1) of the Immigration and Refugee Protection Act states that a person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.
You were asked on 29 JUL 2022 to produce the following evidence and documents within 30 days :
- Biometrics

Refusal letter also states that they have sent a reminder on October 5, 2022. But I haven't received any request letter or Biometric instruction letter on Oct 5. In my application messages there are no letters between August and December, and there is no Biometrics request in July 29 letter.

Can you advise what next steps I can take? Do I have any options to get my application re-considered? Since I never received any notification to submit Biometrics. Also, I had submitted all the documents requested in the July 29 letter on time.

 

[Ultraxion]

Biometrics also include a photo. Did you submit that as well?

 

[thaipham]

I'm worried that I would be in your situation too. My AOR was Oct 2020. I added my wife in Dec 2021 (they acknowledged the receipt of all uploaded documents). However, they haven't sent me the Biometric letter so my wife can't give fingerprints.
I have sent webform multiple times asking about this to no avail.
My application is still being processed.

 

[Deleted member 1006777]

I had applied for permanent residence under the Federal Skilled Worker Express Entry and received an ITA in November 2020.

I got married on Feb 18, 2022 and updated my marital status on my application. On July 29, 2022, I received a request letter asking to submit a few forms and documents for my spouse, which I did. Nowhere in this letter did they ask for submitting Biometrics.

Then on December 2, 2022, I got a refusal letter stating that I hadn't submitted Biometrics due to which they are refusing the application.


Refusal letter also states that they have sent a reminder on October 5, 2022. But I haven't received any request letter or Biometric instruction letter on Oct 5. In my application messages there are no letters between August and December, and there is no Biometrics request in July 29 letter.

Can you advise what next steps I can take? Do I have any options to get my application re-considered? Since I never received any notification to submit Biometrics. Also, I had submitted all the documents requested in the July 29 letter on time.

That's rough. I don't think there's much you can do if your application has already been refused unless you want to lawyer up. Even then, I doubt a closed case will be reopened. Maybe someone else can chime in.

@RSub Didn't you also get married after AOR? Did you receive a biometrics letter for your wife?

 

[anurag_miglani]

My timelines are similar to yours, but I received the biometric letter, did you ask your wife to be added into your application, I mean accompanying spouse?

 

[Chihaz]

I had applied for permanent residence under the Federal Skilled Worker Express Entry and received an ITA in November 2020.

I got married on Feb 18, 2022 and updated my marital status on my application. On July 29, 2022, I received a request letter asking to submit a few forms and documents for my spouse, which I did. Nowhere in this letter did they ask for submitting Biometrics.

Then on December 2, 2022, I got a refusal letter stating that I hadn't submitted Biometrics due to which they are refusing the application.


Refusal letter also states that they have sent a reminder on October 5, 2022. But I haven't received any request letter or Biometric instruction letter on Oct 5. In my application messages there are no letters between August and December, and there is no Biometrics request in July 29 letter.

Can you advise what next steps I can take? Do I have any options to get my application re-considered? Since I never received any notification to submit Biometrics. Also, I had submitted all the documents requested in the July 29 letter on time.

Send a webform/email to your visa office (do both if you know the VO) immediately requesting that they reopen your case as you did not receive any request for Biometric or reminder. Take a screenshot of your account showing the requests you received (prove that the biometrics request/reminder is not on there). Do this asap. All the best.

 

[GandiBaat]

I'm worried that I would be in your situation too. My AOR was Oct 2020. I added my wife in Dec 2021 (they acknowledged the receipt of all uploaded documents). However, they haven't sent me the Biometric letter so my wife can't give fingerprints.
I have sent webform multiple times asking about this to no avail.
My application is still being processed.

Its not that hard... go to your EE account and see if BIL is there or not. If not, take a screencap. Contact a lawyer and file a JR.

If they sent a BIL in your EE account, you have no recourse.

 

[RSub]

That's rough. I don't think there's much you can do if your application has already been refused unless you want to lawyer up. Even then, I doubt a closed case will be reopened. Maybe someone else can chime in.

@RSub Didn't you also get married after AOR? Did you receive a biometrics letter for your wife?

Thanks @mushymush:

Hey @dhananjaybhati A very similar thing happened to me. In my case, I was just lucky. I got my PPR in April 2022 and got married same month. Submitted my spouse docs in May. Was waiting to get my wife's biometrics, but never got it. Then, many of us had that strange glitch on our systems that popped up asking us to submit optional document called as "Client information". But, I did not know what to submit, so I sent an e-mail to Montreal VO (who was handling my files) asking what doc should I submit. Then, they came back to me saying that are only expecting my wife's biometrics which they sent me more than 45 day ago. I swear, I never saw that letter anywhere. At that time, I checked my email and online portal and it never reached me. So I pointed this out to the VO and luckily the VO gave me 30 days more to submit my wife's biometrics and sent me the copy of the letter. Shortly, we received the PPR.

In your case, apply for reconsideration and let them know that you never received your bio metrics. Also, get an attorney and do whatever it is necessary as soon as possible. I am pretty sure this is an issue with their online portal. Also, as other suggested, take a screen shot and send an email to your VO. I am certain your case will be reopened.

I cannot imagine how many are waiting right now for their spouse's biometrics only for IRCC to refuse their application because of IRCC's mistakes.

Hi @legalfalcon any thoughts?

 

[RSub]

I'm worried that I would be in your situation too. My AOR was Oct 2020. I added my wife in Dec 2021 (they acknowledged the receipt of all uploaded documents). However, they haven't sent me the Biometric letter so my wife can't give fingerprints.
I have sent webform multiple times asking about this to no avail.
My application is still being processed.

Don't wait, send an email to your VO or seek an attorney's help as soon as possible. I did it and then only they sent my wife's biometrics.

 

[Deleted member 1006777]

Thanks @mushymush:

Hey @dhananjaybhati A very similar thing happened to me. In my case, I was just lucky. I got my PPR in April 2022 and got married same month. Submitted my spouse docs in May. Was waiting to get my wife's biometrics, but never got it. Then, many of us had that strange glitch on our systems that popped up asking us to submit optional document called as "Client information". But, I did not know what to submit, so I sent an e-mail to Montreal VO (who was handling my files) asking what doc should I submit. Then, they came back to me saying that are only expecting my wife's biometrics which they sent me more than 45 day ago. I swear, I never saw that letter anywhere. At that time, I checked my email and online portal and it never reached me. So I pointed this out to the VO and luckily the VO gave me 30 days more to submit my wife's biometrics and sent me the copy of the letter. Shortly, we received the PPR.

In your case, apply for reconsideration and let them know that you never received your bio metrics. Also, get an attorney and do whatever it is necessary as soon as possible. I am pretty sure this is an issue with their online portal. Also, as other suggested, take a screen shot and send an email to your VO. I am certain your case will be reopened.

I cannot imagine how many are waiting right now for their spouse's biometrics only for IRCC to refuse their application because of IRCC's mistakes.

Hi @legalfalcon any thoughts?

IRCC and mistakes/incompetence. Name a more iconic duo.

 

[thaipham]

Don't wait, send an email to your VO or seek an attorney's help as soon as possible. I did it and then only they sent my wife's biometrics.

Do you know Montreal VO's email? I've been using webforms to send them information only.

 

[thaipham]

Its not that hard... go to your EE account and see if BIL is there or not. If not, take a screencap. Contact a lawyer and file a JR.

If they sent a BIL in your EE account, you have no recourse.

Of course I check my EE account regularly. Not sure why you think I only check emails.

 

[thaipham]

IRCC and mistakes/incompetence. Name a more iconic duo.

Here's how incompetent IRCC is:
- I uploaded all documents for my wife in Dec 2021, they added her to my online account, but her name had a typo. I sent webforms trying to fix it, and it's still wrong after 1 YEAR.
- Same problem as the guy above, no Biometric request.
- 2 weeks ago, my "medical results" section changed from "you do not need medical exam" to "We have requested a medical exam. Check your messages below for details." It's normal because I did upfront in 2020. However, there are no re-medical message, so I decided to do another upfront medical and sent them the report instead of waiting for the IME letter. I have seen people getting refused because they didn't do re-medical even though they didn't receive the re-medical message (just like bio letter).

 

[Ultraxion]

JR is your ultimate weapon. Good luck!

 

[Deleted member 1006777]

Here's how incompetent IRCC is:
- I uploaded all documents for my wife in Dec 2021, they added her to my online account, but her name had a typo. I sent webforms trying to fix it, and it's still wrong after 1 YEAR.
- Same problem as the guy above, no Biometric request.
- 2 weeks ago, my "medical results" section changed from "you do not need medical exam" to "We have requested a medical exam. Check your messages below for details." It's normal because I did upfront in 2020. However, there are no re-medical message, so I decided to do another upfront medical and sent them the report instead of waiting for the IME letter. I have seen people getting refused because they didn't do re-medical even though they didn't receive the re-medical message (just like bio letter).

Damn. Go over what Rsub said and do it asap. IRCC loses nothing when they screw up, so unfortunately, it's up to you to make up for their mistakes. You're the only one who loses if you don't follow through, that's how the system is designed.