The Procedure When the Essential Applicant’s Application is Incomplete or Rejected
In this scenario, the officers would need to assess whether the application meets all the prescribed requirements based on the provisions specified in R10. If they find that the application does not meet these requirements, then they would need to:
- Return the application to the applicant as incomplete and,
- Provide a refund of the fees
Situations could arise where the same commitment certificate links other applicants. In addition, some of these applicants could also be other essential applicants. In this scenario, the officers would need to wait for the essential applicant to resubmit the application. In particular, they would need to permit this until the expiry of the commitment certificate.
In case the essential applicant reapplies, then the officers would need to:
- Process the application based on the outcome of the essential applicant’s application or,
- Refuse the application based on the outcome of the essential applicant’s application
In some scenarios, it is possible that the essential applicant does not apply or reapply. In addition, the officers might find that the processing has not begun on the other applications. In this scenario, the officers would need to:
- Advise the other applicants that a person the authorities deemed essential did not apply prior to the expiration of the commitment certificate and as such, the officers would not be processing their application and,
- Provide a refund of the fees
In some scenarios, it is possible that the essential applicant does not apply or reapply. In addition, the officers might find that the processing has commenced on the other applications. In this scenario, the officers would need to:
- Advise the other applicants that a person the authorities deemed essential did not apply prior to the expiration of the commitment certificate and as such, the officers would not be processing their application and,
- Avoid providing a refund of the fees
Example 1: Mark is an essential person for his business proposal. The authorities are currently processing three other individuals present in the same business proposal. Mark’s application is still at the Centralised Intake Office (CIO). In addition, the officers have not yet determined whether Mark has met the requirements of the class. Thereafter, the Centralised Intake Office (CIO) receives a letter from Mark. In the letter, Mark states that he wants to withdraw his application. The authorities would withdraw the application in the Global Case Management System (GCMS). Then, they would need to issue a refund to Mark. Similarly, the authorities would also need to refuse the applications for the other three individuals named in the business proposal in the Global Case Management System (GCMS). However, it is worth highlighting that the officers would not issue a refund to these three individuals. This is because their applications are already in process at present.
Example 2: There are four people listed in a business proposal. The proposal does not list Martina as an essential person. Instead, it names another of the four individuals as essential to the business. The authorities have not yet reviewed Martina’s application. At this point in time, the Centralised Intake Office (CIO) receives a letter from Martina. In the letter, Martina states that she wants to withdraw her application. The authorities would need to withdraw the application in the Global Case Management System (GCMS). Then, they would need to issue a refund to Martina. However, the officers would need to continue processing the other three applications. This is because the proposal did not name Martina as essential to the business.
Source: Citizenship and Immigration Canada (CIC)