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Query Regarding OINP PhD Stream (Notice of Intent to Refuse)

Naseer_k

Full Member
Jan 1, 2019
38
2
Hi All,
Need advice. My OINP application (under Phd) stream got notice of intent to refuse and I am asked to submit response within 30 days.
The reason mentioned as "not completing one year of residency in Ontario".
Background and Time line:
EOI submitted : May 3rd 2022
NOI received : October 25th, 2022
Application/Documents Submitted: Nov., 4th, 2022
Received intent of refusal : Feb 1st, 2023

My question is don't they consider/count the residency from the date when you submitted the EOI? or it is counted when you submit the documents(like after getting the NOI)?I had been in Canada before, but during the Covid times (when everything was online), I travelled back to the home country and then while I planned to return, I was stuck as flights ban etc.
I mentioned these reasons with details in additional letter/explanation while I submitted my documents but they say during the last two years (Nov, 2022 to Nov, 2020), your residency is not one year?

My question is :

1. What next steps should I take? If they consider the dates when I submitted the application (after getting the NOI) then yes, their reasoning is correct but if it is considered from the point when I submitted my EOI (May 2022), then I meet the criteria. The reason is the IRCC OINP states that

"3. Residency in Ontario
You must have legally lived in Ontario for at least one year in the past two years before you apply.
Note that your one year of residency can be cumulative. This means that there can be gaps provided that all the periods of residency in Ontario add up to 12 months within the past two years before you apply".

So this phrase of "before you apply" cause misunderstanding to me.

2. Should I write a response and say that I accept their objection and will submit a new application.

3. When they give final decision/refusal (if so) as I do not know what justification is to there from my side?, so do I have to create a new EOI on this portal and can submit a new application under PhD stream (like apply after few months to meet the residency criteria)?

Can any one suggest what should be done to follow up as they ask to submit response within 30 days?

Kindly guide and suggest alternatives if any.
Thanks and Regards,