The Process for Refusing the Application
Officers would need to provide all refused applicants with a formal refusal letter. The refusal letter would need to:
- Inform the applicant of the categories or circumstances in which the authorities had considered the applicant’s application and,
- Explain fully to the applicant about the reasons for which the authorities refused the applicant’s application in that particular class
Situations could arise where the officers find an applicant deemed an essential person as inadmissible. The officers, in this scenario, would typically refuse the application. However, the officers would need to ensure that they refuse all the applications linked to the same business proposal as well. In addition, if the officers refuse the application of a spouse or common-law partner, they would need to refuse the partner or the spouse also. This is because the partner or spouse is also a family member.
Example 1: A business establishes that Joe is essential to the business. However, the officers find that the other three individuals mentioned in the Commitment Certificate are not. And, the officers also find Joe to be inadmissible. In this scenario, the officers would need to refuse all the applications. This is because the applications of the two non-essential individuals have links to Joe’s application.
Example 2: A Commitment Certificate identifies Callie as essential to the business. It also establishes that three other individuals identified on the Commitment Certificate are not essential to the business. The officers are ready to issue Callie and one of the other applicants the relevant Confirmation of Permanent Residence (COPR) documents. However, the officers find that the remaining two individuals named on the Commitment Certificate are inadmissible. Therefore, the officers refuse the applications for these two individuals. In this scenario, the officers can issue Confirmation of Permanent Residence (COPR) documents to Callie and the second approved individual. This is because Callie, as the only essential person on the Commitment Certificate, is not inadmissible.