Incomplete Immigration Applications: The Strict Approach of IRCC and the Importance for Legal Representation

Sep 30, 2024

Canada’s immigration system has long been seen as a model for efficiency and fairness. However, recent trends suggest that Immigration, Refugees, and Citizenship Canada (IRCC) has adopted a particularly rigid stance on returning applications due to incompleteness. This strict approach has led to widespread frustration among applicants, especially as it can delay the processing time significantly.


This article draws on recent Federal Court cases and legal analysis to demonstrate how incomplete applications are handled by IRCC and how immigration lawyers can play a critical role in avoiding these issues.


Understanding Incompleteness in Immigration Applications


Incomplete applications occur when essential documents, information, or signatures are missing or incorrectly provided. While some errors may seem minor, IRCC takes a strict approach to handling these omissions. The system is designed to return incomplete applications, often months after submission, causing significant delays and frustration for applicants.


Common causes of incompleteness include:

  • Failing to submit required documents, such as a valid passport, proper financial records as per the relevant checklists, or proof of medical exams.

  • Not providing signatures where required.

  • Submitting expired or incorrect versions of documents.

  • Providing inconsistent or incomplete information on forms.


Given the strictness of the IRCC’s triage system, it is essential for applicants to double-check their submissions to avoid the risk of having their applications returned.


Key Federal Court Cases Involving Incomplete Applications


Over the years, several Federal Court cases have highlighted how serious the consequences of submitting an incomplete application can be. Below are some prominent cases that demonstrate the importance of accuracy and completeness in immigration applications.


1. Karami v. Canada (Citizenship and Immigration)


This case involved the applicant, who applied for permanent residency under the Federal Skilled Worker Class. Karami’s immigration consultant correctly filled out his online forms, but mistakenly uploaded an expired passport instead of a valid one. IRCC rejected the application, citing incompleteness.


When the case went to the Federal Court, Madam Justice Elliot upheld IRCC’s decision. The Court found that the information provided on the expired passport did not match the details listed in the application. The decision underscored that even minor documentation errors, like submitting an expired document, can lead to rejection. This case serves as a cautionary tale for applicants to ensure that all documents are current and accurate.


2. G. v. Canada (Citizenship and Immigration)


In this case, the applicant submitted an incomplete application for permanent residency under the Federal Skilled Worker Class. The application checklist required a formal letter from a financial institution listing all bank accounts, printed on official letterhead and containing contact information for the institution. Instead of following this guideline, the applicant submitted copies of bank statements and other financial documents downloaded from the internet.


IRCC rejected the application for failing to meet the document requirements. The Federal Court supported IRCC’s decision, emphasizing that the policy requiring financial verification by an official letter was reasonable. The Court pointed out that applicants must follow precise instructions and submit documents exactly as requested by IRCC.


3. Sheikh v. Canada (Citizenship and Immigration)


This case highlights how seemingly minor errors can result in an application being deemed incomplete. The applicant, Sheikh, applied for family sponsorship but entered incorrect information about a family member’s birth date. IRCC rejected the application due to this error. Sheikh argued that the mistake was a minor typographical error and that IRCC should have allowed him to correct it.


The Federal Court rejected Sheikh’s claim, noting that the instructions on the application were very clear about the need to double-check all fields before submission. The Court emphasized that applicants are responsible for ensuring the accuracy of their information, and IRCC was not obligated to provide opportunities for correction after submission. This case reinforces the importance of double-checking every detail before submitting an application.


4. Thompson v. Canada (Citizenship and Immigration)


In this case, Mr. Thompson applied for permanent residency under the Canadian Experience Class (CEC) but was rejected by IRCC. The reason for the rejection was that Thompson had not submitted a diploma or degree as proof of his education. Instead, he provided a document from the University of Alberta certifying that he had completed his post-secondary education.


The Federal Court ruled in Thompson’s favor, finding that IRCC’s decision was unreasonable. The Court determined that a certified document from the registrar of a recognized Canadian university should have been accepted as sufficient proof of education. The Court also noted that the checklist for proof of education allowed for some flexibility in the types of documents that could be provided. This case demonstrates that, while IRCC has the authority to reject incomplete applications, its decisions can be overturned when they are unreasonable.


5. Amiri v. Canada (Citizenship and Immigration)


Amiri’s case involved a dispute over the need to submit supporting documents for factors that were not required for points under the Express Entry system. In a short decision, Justice Grammond ruled that applicants under the Express Entry system do not need to submit documents for factors that are not relevant to their points calculation.


This case highlights the importance of understanding which documents are essential for an application, and it reinforces that submitting unnecessary documents can sometimes complicate the process.


6. Kaur v. Canada (Citizenship and Immigration)


In this case, the Federal Court dealt with the issue of providing documents after the initial application was submitted but before a final decision was rendered. The applicant, Kaur, provided additional documents after her application was submitted, but IRCC refused to consider them, rejecting the application as incomplete.


The Federal Court found that IRCC’s decision was unreasonable in this context. The Court held that if an applicant submits missing documents within the processing timeline but before a final decision is made, IRCC should consider those documents as part of the application. The decision serves as a reminder that timing is critical in the submission of documents, but there may be some leniency if missing documents are provided within the processing window.


Tips for Avoiding Incompleteness in Applications


Based on these cases, applicants can take several steps to avoid the risks associated with incomplete applications:


  1. Follow the Checklist Meticulously: Each immigration program has a specific checklist outlining the required documents and information. Applicants must follow these lists carefully, ensuring that each document is submitted in the required format.


  2. Double-Check All Forms: Errors in information, such as incorrect names, birth dates, or passport numbers, can result in rejection. Applicants should double-check all details before submitting their applications.


  3. Submit Current and Valid Documents: Submitting expired documents, such as passports or outdated financial statements, is a common cause of rejection. Applicants must ensure that all documents are current at the time of submission.


  4. Provide Official Documents Where Required: As seen in G. v. Canada, submitting unofficial copies of documents, such as bank statements, may not meet IRCC’s requirements. Applicants should provide official documents printed on letterhead and signed by the relevant authorities when required.


  5. Seek Legal Assistance: Given the complexities of Canada’s immigration process and the strictness of IRCC’s policies, working with an experienced immigration lawyer can help applicants avoid costly mistakes. Lawyers can ensure that applications are complete, accurate, and meet IRCC’s stringent requirements.


The Value of Legal Assistance in an Unforgiving Process


IRCC’s current approach to incomplete applications places a heavy burden on applicants to ensure that every detail of their submission is correct. The strict policies often result in delays that can span months, particularly if supporting documents expire during the re-submission process. While Federal Court decisions have occasionally provided relief to applicants, the general trend shows a strong deference to IRCC’s authority to reject incomplete applications.


The role of an immigration lawyer is crucial in helping applicants navigate this complex and unforgiving system. From ensuring completeness to advocating for clients in judicial reviews, lawyers provide invaluable support that can prevent delays, save money, and ultimately help applicants achieve their immigration goals. The stakes are high, and the consequences of submitting an incomplete application can be severe, making professional legal assistance not just advisable, but essential.


By working with an experienced immigration lawyer, applicants gain peace of mind, knowing that their application is in capable hands, and reduce the risk of rejection due to technicalities or minor errors. The time and cost savings alone can make a significant difference in the immigration process, particularly in a system that continues to evolve with ever-stricter requirements.


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About the Author


I’m Ahmet Faruk Ocak, a Canadian immigration lawyer and the founder of Blacksy Immigration Law Firm 🌊. 


At Blacksy, we specialize in providing honest, straightforward, and tailored immigration solutions to individuals and businesses worldwide. Our brand promise is simple: no unnecessary fuss, no false hopes, and no empty promises—just realistic, reliable guidance to help you achieve your immigration goals.


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Visit us at www.blacksyimmigration.com to learn more or to start your journey.