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Question about the PR appeal process

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Shudder
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Question about the PR appeal process

Postby Shudder » Tue, 12 Jan 2016 4:12 pm

Hi all,

So I've applied for PR twice and both times it has been rejected.

I would like to appeal before I try once more. I have read numerous threads on this forum and others about people appealing their rejected PR applications, however the actual process I cannot find.

My question is this: How and where do I appeal? Do I write a letter to them or go to ICA to do it?

Any help will be great. thanks.

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sundaymorningstaple
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Re: Question about the PR appeal process

Postby sundaymorningstaple » Tue, 12 Jan 2016 5:28 pm

Do you have anything materially different or something that you forgot to put on the other two applications that is substantial? If not, don't bother as an appeal based on a rejected application is most likely going to fail. Why would it change if you situation hasn't changed dramatically? It's normally an exercise in futility. But don't let us stop you. Appealing OR a new application isn't going the change the results unless the facts have changed.

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Re: Question about the PR appeal process

Postby Shudder » Tue, 12 Jan 2016 5:49 pm

sundaymorningstaple wrote:Do you have anything materially different or something that you forgot to put on the other two applications that is substantial? If not, don't bother as an appeal based on a rejected application is most likely going to fail. Why would it change if you situation hasn't changed dramatically? It's normally an exercise in futility. But don't let us stop you. Appealing OR a new application isn't going the change the results unless the facts have changed.


Yes I do have something that I'd like to present to the officials. There is no where on the official PR application for me to add these details.

So how, or where do I appeal the PR?

thanks

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Re: Question about the PR appeal process

Postby mksingapore » Tue, 12 Jan 2016 8:02 pm

I will not suggest appealing. My friend went for PR appeal and got update after 10-11 months and status was still the same rejected. I suggest you to wait 6 months and apply PR again with all your improvements in profile.

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Re: Question about the PR appeal process

Postby sundaymorningstaple » Tue, 12 Jan 2016 11:10 pm

If there is nowhere on the application to note it, then in all probability it's not relevant to the application and would not likely change anything. The application generally has places for any information that would be actually relevant to a PR application.

Good example is an EP application and having a masters degree. The employer may require the masters as a condition for employment, but the MOM doesn't give a hoot about the masters degree. If you look at all the available employment passes you will note that not one of them requires a masters degree.

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Re: Question about the PR appeal process

Postby JR8 » Tue, 12 Jan 2016 11:52 pm

As with taking a legal case back to court, you only appeal when you are suggesting 'due process' was not followed, or *material* evidence [one assumes newly gained since the original case was brought] was not considered.

To be clear: You need to have a doubly-bulletproof case to merit appealing, as by doing so you are suggesting either a) they stuffed up re: the precise technicalities of due process, i.e. they're incompetent; and/or b) your situation has very recently changed and you forgot to mention this in submitting your original evidence.

If you're not categorically clear that one of those applies, you are simply completely wasting your time and money.
'Do it or do not do it: You will regret both' - Kierkegaard

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Re: Question about the PR appeal process

Postby Shudder » Wed, 13 Jan 2016 1:20 pm

Thanks for all the responses about whether I should or should not appeal.

However that was not why I started this thread. I started as I could not find the process of appealing the PR. All other threads that ask the same questions either get hijacked or the question remains unanswered.

So I'd like to go back to the thread topic at hand: How and where do I appeal the PR?

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Re: Question about the PR appeal process

Postby BBCWatcher » Wed, 13 Jan 2016 3:40 pm

Either in writing to, or in person at, ICA. Here's the full text of ICA's FAQ on that subject: "You can put in an appeal. In your appeal, you should furnish additional reasons/achievements or strong grounds for our re-consideration."

You have a 6 month time limit to appeal a rejection.

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Re: Question about the PR appeal process

Postby ecureilx » Wed, 13 Jan 2016 4:45 pm

Shudder wrote:Thanks for all the responses about whether I should or should not appeal.

However that was not why I started this thread. I started as I could not find the process of appealing the PR. All other threads that ask the same questions either get hijacked or the question remains unanswered.

So I'd like to go back to the thread topic at hand: How and where do I appeal the PR?


there are few ways to appeal (with the dsiclaimer that I am not working for the Govt nor would my information be accurate :D )

1) Block another slot, and then go and explain during submission (most common method)

2) Talk to the MP, if you are eligible to talk to the MP, and if you have a valid reason. The MP will help to escalate to ICA, and what I know is, ICA will review your case, and give a date for you to submit your documents again. i.e. resubmit. Escalate - ask ICA to ask you to resubmit the documents. Yes, the same documents you submitted before.

You may or may not have a one-on-one to explain. Most likely it will be like the regular submission, and again submit the same load of documents, and then some more - if ICA asks.

Again, they generally do not accept documents they may see as redundant or irrelevant - like the Red Cross Blood Donor card, and CIP hours clocked.

3) Write in to ICA directly and, generally, after 2 months or so, they 'may' ask you to refill the same application form (the one you use to submit PR) and send by post or drop it at ICA - at the Post Box inside ICA. And then they may give you another date to resubmit the same documents in person.

If you are lucky, the second date maybe within a few months of your having sent the first set.

And, the changes must be substantial, not 'I forgot to attach this document'

Be prepared to make multiple copies and ensure you didn't forget any information or enter wrong info anywhere.

If anybody has any different experience, it may be good to know.

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Re: Question about the PR appeal process

Postby Shudder » Wed, 13 Jan 2016 5:32 pm

ecureilx wrote:
2) Talk to the MP,.


What is the MP?

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Re: Question about the PR appeal process

Postby Barnsley » Wed, 13 Jan 2016 5:53 pm

Shudder wrote:
ecureilx wrote:
2) Talk to the MP,.


What is the MP?


Shudder indeed!!
Life is short, paddle harder!!

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ecureilx
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Re: RE: Re: Question about the PR appeal process

Postby ecureilx » Wed, 13 Jan 2016 6:00 pm

Barnsley wrote:
Shudder wrote:
ecureilx wrote:
2) Talk to the MP,.


What is the MP?


Shudder indeed!!

I can hear somebody knocking on my door .. uh ho.


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