Application Rejected - How to ask for relook / reopen

[SINGHQ0G]

Hi,

MY application has been rejected with below comments. Can please people here guide me how can i reappeal to have relook with proper documents. Will emailing them with proper documents help me? Please suggest.

Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada: NOC 2174.

I am not satisfied that you meet the skilled work experience requirement because you have submitted no employment reference letter to confirm your hours, duties and positions held. The only documents of this nature on your file are two introductory letters dated Aug 2009 and Aug 2010 which indicate you have been nominated for a secondment to Canada, listing duties you will perform but no confirmation of past work in Canada is mentioned. Your pay package according to these letters is “not less than $50,000” but your T4s and pay slips testify only to approx $35,000 per year. A further letter from Aug 2011 is again an introductory letter, does not state which client you worked for, does not include any statement of duties, and is signed by an unknown “human resources” contact with no name provided.

In the absence of objective and verifiable evidence that you not only were nominated to work in NOC 2174, but that confirms you actually performed such duties, for at least two years of paid work in Canada, I am not satisfied that you have acquired the work experience necessary under the CEC.

 

[aaad]

Hi Singh
What are your timelines?I mean when did u got ur AOR and after how long did it took you to get this rejection letter?

 

[SenoritaBella]

Sorry to read that. Did you include a letter explaining why you could not provide a reference letter and did you write your duties too? I'm not sure that appealing will make a difference unless you now have a reference letter. But you can certainly try. It does not make sense to re-apply if you don't have it.

 

[GSIn]

Hi Singh

Sorry to hear that it got rejected. Anyways don't let yourself down, try to get new reference letters from your employers and also attach the job offer letters you might have when you first started your job just as a supporting evidence, becuase that states your salary and some of your roles and responsibilities of your position. I'm assuming you have one.

With your old immigration file number write a cover letter stating what actually happened and what you are submitting now.

But still wait for our seniors call in this forum and move forward, hope it works out. I know it sucks but such is life.

 

[SINGHQ0G]

Hi Singh
What are your timelines?I mean when did u got ur AOR and after how long did it took you to get this rejection letter?

Here are my timelines:

Application Received: Feb 29 2012
AOR Received: May 31, 2012
Email for Refusal: Aug 24, 2012

No medicals

 

[SINGHQ0G]

Hi Singh

Sorry to hear that it got rejected. Anyways don't let yourself down, try to get new reference letters from your employers and also attach the job offer letters you might have when you first started your job just as a supporting evidence, because that states your salary and some of your roles and responsibilities of your position. I'm assuming you have one.

With your old immigration file number write a cover letter stating what actually happened and what you are submitting now.

But still wait for our seniors call in this forum and move forward, hope it works out. I know it sucks but such is life.

Hi Thankyou for your help.

I have sent them below email with all documents again as attachment related to my employment. I had taken some content from here only.Also I had mentioned even last time with a cover letter saying that my Employer doesn't provide such letters. I hope they will relook. I have sent the same by Fax and Courier too.



Dear Case Officer,



In regards to my Permanent Residence Application E0XXXXXX, I have received your communication dated 24th Aug, 2012 and you have mentioned the reasons of refusal of my application. I would like to bring to your notice few documents and substantiate my claim which otherwise have not satisfied you that I meet the skilled worker experience requirement. Following are the documents I have submitted along with my application, supporting proof of my work, role and pay in Canada.



Employment Letter and Regarding Confirmation of my past work in Canada: I understand from reasons below that you were not satisfied if i really performed these duties. In order to support this, I am attaching the letter from my client manager with his contact details for verifying the same.



In my previous communication I had attached a letter given by my employer addressing my job title, duties, responsibility and salary in Canada(see attached the same document now) at start of deputation. I have been first employed in Canada since XXX for Client ZZZ and I had provided a letter from my Employer, explaining my duties, roles and responsibilities that I am executing as part of their team.



My Employer doesn’t support providing such letters. Also I applied from India after coming back from deputation.



Regarding Paypackage: I under stand you were not satisfied that Letter states pay package “not less than $50,000” and T4 and pay slips testify only to approx $35,000 per year.



I had provided all my pay stubs from my employer in my original application, which indicates my monthly salary. (A copy is provided again for your reference).



This pay only indicates the pay what I am being paid in Canada for months which I stayed there. Its not for entire 12 month as I get my indian salary here when in India. My actual Annual pay is $70000 approx. I am attaching the letter to support same.



Also the deputation agreement do mention about the emoluments in rupees, they are however being paid in India if I am working in India. However, when I am onsite in Canada, an equal amount of my Indian salary (as per the market exchange rate) will be paid in Canadian dollars along with my Canadian salary. Please review my salary stubs to see these details. The Deputation Agreement also highlights my primary place engagement will be in Canada and I shall working with our client ZZZ. It also does limit the employer from laying any restriction on the employee from applying for Permanent Residency as there is no provision for legal obligation on either parties in the event if the employee applies for Immigration.



I sincerely request you to kindly consider my plea and review my file again and I hope I am eligible for Immigration.



Yours truly,

 

[SenoritaBella]

That's a very good explanation. Hope they reconsider their decision. The visa officer could have requested more information but they are not obligated to do so which is kind of unfair because it then depends on the VO you get. They need to keep it consistent, either have them request more info or not at all. Until then, it's best to write an explanation for any unusual events in your application from the start.

 

[love-canada]

Hi Singh,

Disheartening to hear this.

My friend, plesae do not waste time on thinking how to re-open ur file or going through lawyer on how to go forward with the refusal.

Though u have many options but let me tell you, finally you have to re-apply after u under go all the exhaustive steps suggested here.

So, Just come out of disappointment and think practically. Apply with all the required documentation again. This is the best oprion u have in front.

Bye...

Hi Thankyou for your help.

I have sent them below email with all documents again as attachment related to my employment. I had taken some content from here only.Also I had mentioned even last time with a cover letter saying that my Employer doesn't provide such letters. I hope they will relook. I have sent the same by Fax and Courier too.



Dear Case Officer,



In regards to my Permanent Residence Application E0XXXXXX, I have received your communication dated 24th Aug, 2012 and you have mentioned the reasons of refusal of my application. I would like to bring to your notice few documents and substantiate my claim which otherwise have not satisfied you that I meet the skilled worker experience requirement. Following are the documents I have submitted along with my application, supporting proof of my work, role and pay in Canada.



Employment Letter and Regarding Confirmation of my past work in Canada: I understand from reasons below that you were not satisfied if i really performed these duties. In order to support this, I am attaching the letter from my client manager with his contact details for verifying the same.



In my previous communication I had attached a letter given by my employer addressing my job title, duties, responsibility and salary in Canada(see attached the same document now) at start of deputation. I have been first employed in Canada since XXX for Client ZZZ and I had provided a letter from my Employer, explaining my duties, roles and responsibilities that I am executing as part of their team.



My Employer doesn't support providing such letters. Also I applied from India after coming back from deputation.



Regarding Paypackage: I under stand you were not satisfied that Letter states pay package “not less than $50,000” and T4 and pay slips testify only to approx $35,000 per year.



I had provided all my pay stubs from my employer in my original application, which indicates my monthly salary. (A copy is provided again for your reference).



This pay only indicates the pay what I am being paid in Canada for months which I stayed there. Its not for entire 12 month as I get my indian salary here when in India. My actual Annual pay is $70000 approx. I am attaching the letter to support same.



Also the deputation agreement do mention about the emoluments in rupees, they are however being paid in India if I am working in India. However, when I am onsite in Canada, an equal amount of my Indian salary (as per the market exchange rate) will be paid in Canadian dollars along with my Canadian salary. Please review my salary stubs to see these details. The Deputation Agreement also highlights my primary place engagement will be in Canada and I shall working with our client ZZZ. It also does limit the employer from laying any restriction on the employee from applying for Permanent Residency as there is no provision for legal obligation on either parties in the event if the employee applies for Immigration.



I sincerely request you to kindly consider my plea and review my file again and I hope I am eligible for Immigration.



Yours truly,

 

[ashuaji]

Hi Singh,

Have you got any reply from CIC regarding the refusal of your PR application? I am also in the same situation. I also got a refusal letter from CIC for the PR application under CEC on august 23. I have already submitted my 2 year experience letter from my employer with the application. But I don't know what is his real issue. Any way I sent a request to them on re-open the file by e-mail on august 24th and by fax on august 27th. Till now no reply from them... Did you get any reply? Are they going to response or what? Please let me know ...

thanks

 

[Johnny31]

Hi Singh,

Have you got any reply from CIC regarding the refusal of your PR application? I am also in the same situation. I also got a refusal letter from CIC for the PR application under CEC on august 23. I have already submitted my 2 year experience letter from my employer with the application. But I don't know what is his real issue. Any way I sent a request to them on re-open the file by e-mail on august 24th and by fax on august 27th. Till now no reply from them... Did you get any reply? Are they going to response or what? Please let me know ...

thanks

Hi ashuaji,

What was the reason of your rejection if you don't mind sharing? In most cases, sending emails + faxes with documents AFTER a rejection are usually ignored by VO. Unless it's under special circumstances, VO doesn't usually re-open cases. The best chance is to re-apply with missing/supporting documents that they asked for.

 

[sonyvaio]

Hi Singh,


Sorry to hear that you application got rejected. I have gone through with the same situation. My application was also rejected by CIC. Immigration officer called my employer to verify my job duties and pay, but my manager was failed to describe all the duties which I have done, (He described 80% duties but could not described all of them because he was nervous at that time) just because of this reason they refused my file but I challenged their decision in the court and at I won the case and got my PR.

This is just a basic information what to do If your file gets rejected. After talking with my lawyer I found out you can not reopen your file, you can send the clarification letter but they do not accept it because your file is already closed. I think the only way is, to challenge the decision in the court, but for that you have to apply for Judicial Review within 14 days of refusal letter. This process is complex, you need a good lawyer to represent you in the court. And if you want to know complete process, let me know and I would give you all the information. Act fast you do not have much time.

 

[rosty2]

Hi Singh,


Sorry to hear that you application got rejected. I have gone through with the same situation. My application was also rejected by CIC. Immigration officer called my employer to verify my job duties and pay, but my manager was failed to describe all the duties which I have done, (He described 80% duties but could not described all of them because he was nervous at that time) just because of this reason they refused my file but I challenged their decision in the court and at I won the case and got my PR.

This is just a basic information what to do If your file gets rejected. After talking with my lawyer I found out you can not reopen your file, you can send the clarification letter but they do not accept it because your file is already closed. I think the only way is, to challenge the decision in the court, but for that you have to apply for Judicial Review within 14 days of refusal letter. This process is complex, you need a good lawyer to represent you in the court. And if you want to know complete process, let me know and I would give you all the information. Act fast you do not have much time.

how to apply for judicial review? is good thing to know for all of us

 

[Johnny31]

how to apply for judicial review? is good thing to know for all of us

you apply or file for a review through an immigration lawyer for a Fee ofcourse. but like any other re-applying or re-sending documents, it's not a guarantee. i think the case with "sonyvaio" , his rejection was due to the employer's inability to state his duties. so i don't know if other reasons would be successful even when a judicial review is filed. but if you have the money and you run out of options, go for it!

 

[sonyvaio]

Hi Guys,

I don not know the complete J.R. process in the detail, but definitely I can share what ever I know.

First stage is filing J.R. and request reasons for refusal.
In this stage Federal Court of Canada requests CIC to give refusal reasons in the official document and CIC has 14 days deadline. (This is very important letter as everything depends on it). After receiving the letter from CIC, your immigration lawyer will discuss the points with you and he would tell you what are the chances to win the case. If you have good chances to win the case you would go for next step and If you don't you stop there.

Review by the Federal Court is a two-stage process. In the first stage, which is known as the “leave” stage, the Court reviews the documents related to your case. You must show the Court that an error was made in the decision, or the decision was not fair or reasonable.

If leave is given, this means the Court has agreed to examine the decision in depth. At this second stage, called “application for judicial review,” you and your lawyer can attend an oral hearing before the Court and explain why you believe the original decision was wrong.

It's a long process and have to ready to spend nearly $8000-$10000 (depends on your lawyer). It's not guarantee that you would win the case.

 

[ronaldoyaronaldo]

Hi Guys,

I don not know the complete J.R. process in the detail, but definitely I can share what ever I know.

First stage is filing J.R. and request reasons for refusal.
In this stage Federal Court of Canada requests CIC to give refusal reasons in the official document and CIC has 14 days deadline. (This is very important letter as everything depends on it). After receiving the letter from CIC, your immigration lawyer will discuss the points with you and he would tell you what are the chances to win the case. If you have good chances to win the case you would go for next step and If you don't you stop there.

Review by the Federal Court is a two-stage process. In the first stage, which is known as the “leave” stage, the Court reviews the documents related to your case. You must show the Court that an error was made in the decision, or the decision was not fair or reasonable.

If leave is given, this means the Court has agreed to examine the decision in depth. At this second stage, called “application for judicial review,” you and your lawyer can attend an oral hearing before the Court and explain why you believe the original decision was wrong.

It's a long process and have to ready to spend nearly $8000-$10000 (depends on your lawyer). It's not guarantee that you would win the case.

Sorry to hear that. I think reapplying is a more reasonable option if it is going to cost you a fortune while you can't even guarantee winning the case