R10 – The perils of Express Entry Filing

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R10 – The perils of Express Entry Filing

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The Canadian government is promoting the new “Express Entry” (EE) permanent residence filing to employers and individuals alike. The program is being touted as “user friendly”, “easy”, and “rapid” by Citizenship and Immigration Canada. What CIC is not telling people, however, is that an applicant that makes but even one mistake in the uploading of his/her forms or documents will have their case rejected under Regulation 10 of the Immigration and Refugee Protection Regulations (R10).

R10 imposes absolute strict liability on the applicant. It is perhaps the harshest rule I have ever seen in 21 years of practice. Imagine the excitement of an EE applicant who has created a profile and then been accepted by CIC and invited to apply for PR. The opportunity to settle in Canada permanently is a life-changing event for most. This excitement can quickly turn into horror, however, if the applicant makes but one mistake in their case.

For example, an applicant can be refused under R10 if they upload a police certificate incorrectly or fail to account for each and every month of their recent work history properly. There is no chance to remedy the mistake. And if the applicant was invited to apply with a relatively low overall points score, they may forever lose the opportunity to apply again as points scores vary from round to round of invitation draws.

The moral of the story here, as always in immigration law, is to be careful. Don’t assume that your invitation to apply is reason to celebrate an EE victory !

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