Spouse and Spouse's siblings are PR. I applied via FSW - rejected!!

[Dheenu]

Hi All,

My case is a little rare case. I applied PR via FSW and my application was rejected because I claimed spouse's sibling points (15 points) and mentioned that my spouse is non-accompanying. I mentioned non-accompanying because he is a PR and already living in Canada but without a job. Also, I mentioned clearly in the letter of explanation that I will be joining my spouse after getting my PR and landing there. I called the customer care to confirm which option to select (accompanying or non-accompanying) and they told me that I have to select non-accompanying, as my spouse is already in Canada. My spouse's brother is living in Canada as a PR and is above 18 years of age. I had 486 points (including sibling score) and they refused my application, saying that my spouse is non-accompanying (In-spite of explaining everything clearly in letter of explanation).

Could you please help me out on how to further proceed with my application? Is there a way to request CIC to re-open my application? Any help is highly appreciated.

Also, I have submitted a new application and removed the sibling score.

 

[scylla]

Hi All,

My case is a little rare case. I applied PR via FSW and my application was rejected because I claimed spouse's sibling points (15 points) and mentioned that my spouse is non-accompanying. I mentioned non-accompanying because he is a PR and already living in Canada but without a job. Also, I mentioned clearly in the letter of explanation that I will be joining my spouse after getting my PR and landing there. I called the customer care to confirm which option to select (accompanying or non-accompanying) and they told me that I have to select non-accompanying, as my spouse is already in Canada. My spouse's brother is living in Canada as a PR and is above 18 years of age. I had 486 points (including sibling score) and they refused my application, saying that my spouse is non-accompanying (In-spite of explaining everything clearly in letter of explanation).

Could you please help me out on how to further proceed with my application? Is there a way to request CIC to re-open my application? Any help is highly appreciated.

Also, I have submitted a new application and removed the sibling score.

You shouldn't have claimed the 15 points. You weren't entitled to them. You would only have been able to claim the 15 points if your spouse was accompanying in your application and was not a PR. Since your spouse was already a PR, it wasn't possible for you to claim the 15 points for their sibling.

What was the ITA cut off at the time you received ITA? By losing the 15 points, did this drop you below that cut off?

 

[Dheenu]

Thanks for your response. I received ITA on October 30th. The cut-off was 475 points.

But my question is, if my spouse is accompanying with me, (even if he is a PR), why wouldn't that points be considered?

While filling the profile, it was asking for relative's details. If I am giving misleading information, stating that I don't have a relative in Canada, (though my spouse's brother is living there) won't I get into any trouble?

 

[scylla]

Thanks for your response. I received ITA on October 30th. The cut-off was 475 points.

But my question is, if my spouse is accompanying with me, (even if he is a PR), why wouldn't that points be considered?

While filling the profile, it was asking for relative's details. If I am giving misleading information, stating that I don't have a relative in Canada, (though my spouse's brother is living there) won't I get into any trouble?

If your spouse is a PR, they cannot be accompanying. There was no way for you to claim the 15 points.

You were correctly refused since you can't claim the 15 points and this drops you below the ITA cut off. There's no point trying to get your application reopened or appealing.

You'll need to re-enter the pool and apply from scratch.

 

[Dheenu]

oh ok. Thanks for your response. I have submitted my profile again without claiming sibling points. Could you please let me know whether I need to apply for Police clearance and medical examination again, if I receve ITA? and are there any chances, my application processing time would be quicker, as they have already reviewed my background.

Thanks in Advance!

 

[canuck78]

oh ok. Thanks for your response. I have submitted my profile again without claiming sibling points. Could you please let me know whether I need to apply for Police clearance and medical examination again, if I receve ITA? and are there any chances, my application processing time would be quicker, as they have already reviewed my background.

Thanks in Advance!

Your medical and PCC are likely still valid. No faster processing.