@Asivad Anac, please share your input - ECA

[evanstp9]

Please have a look at the following and share your interpretation of the situation and IRPA regulations posted at the end..


CANADIAN EQUIVALENCY SUMMARY
Diploma (two years) from a non-recognized institution

CREDENTIAL ANALYSIS
1. Credential Authentication: Official transcripts were sent directly by the institution
Country: United Kingdom
Credential: Higher National Diploma
Year: 2005
Awarded by: Cambridge Regional College
Institution Status: Not Recognized
Major/Specialization: Executive Personal Assistant
Canadian Equivalency: Diploma (two years) from a non-recognized institution


My concern is whether the "not recognized" institution status is something that could be a problem and lead to a possible refusal or not.
I know that CIC states for the ECA report this:
The original ECA report must:
be issued on or after the date CIC designated the organization,
not be more than five years old on the date that CIC gets a) your Express Entry profile, and b) your application for permanent residence, and
show your credential(s) is equal to a completed Canadian one.
source: http://www.cic.gc.ca/english/immigrate/skilled/assessment.asp

And also, according to the IRPA, an equivalency assessment has the following definition:
equivalency assessment means a determination, issued by an organization or institution designated under subsection 75(4), that a foreign diploma, certificate or credential is equivalent to a Canadian educationalcredential and an assessment, by the organization or institution, of the authenticity of the foreign diploma, certificate or credential. (attestation d’équivalence)

source: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-15.html?txthl=educational+credential+assessment#s-73

My thoughts are that we have an equivalency statement (Diploma (two years) from a non-recognized institution) and an assessment of the authenticity of the credential (Credential Authentication: Official transcripts were sent directly by the institution).

 

[evanstp9]

Bump

 

[scylla]

If the institution isn't recognized then you won't get any EE points for the diploma you received from this institution.

 

[Andre_Smol]

Do you have any other educational degree you would be able to get assesed or claim points for?

If not, then PNP or LMIA would be your only options to end up with enough points for ITA.

 

[evanstp9]

If the institution isn't recognized then you won't get any EE points for the diploma you received from this institution.

That was my first thought, the obvious one. But I started looking for the relevant info on IRCC, that would verify whether the institution status is a factor or not.

So I came across this: http://chaudharylaw.com/canadian-immigration-federal-skilled-workers-education-factor/

Also, a similar thread here, where a senior member reached out in a PM to me: http://www.canadavisa.com/canada-immigration-discussion-board/eca-report-by-wes-says-that-degree-from-non-regognized-university-t246525.0.html;msg5173961#msg5173961


What is your interpretation of the 2 links I posted initially, especially the definition of an equivalency assessment?
I see nowhere in IRCC the institution status as a factor.

I followed up with WES, regarding the result, they stated that they only consider BTEC Higher National Diplomas from UK as "recognized", and it appears that our college, was not accredited by BTEC at that time.
They received however all the docs needed from the institution directly, so I'm baffled with t


It's my wife's report, and no, she does not have any other educational credential to claim points, so indeed LMIA and PNP would be the only viable options.

 

[Andre_Smol]

To be fair, the article you reference clearly states that the applicant was refused because he claimed points for a degree from an unrecognized institution.

Their legal argument is that CIC shouldnt have refused the application because immigration law doesnt mention that an institution has to be recognized.

Unless you plan to start a legal battle with IRCC, I would suggest that article is not exactly encouraging and does support the idea that it is not possible to claim points for degrees from unrecognized institutions.

 

[evanstp9]

To be fair, the article you reference clearly states that the applicant was refused because he claimed points for a degree from an unrecognized institution.

Their legal argument is that CIC shouldnt have refused the application because immigration law doesnt mention that an institution has to be recognized.

Unless you plan to start a legal battle with IRCC, I would suggest that article is not exactly encouraging and does support the idea that it is not possible to claim points for degrees from unrecognized institutions.

Yes,, I agree with that, but my focus here would be the fact that the IRPA regulations were amended, to remove the definition of "educational credential", which it was the basis, and correctly, that IRCC refused that application.

Since then, the term "equivalancy assessment" has been introduced, and I included that definition on the initial post.

But I have to agree that even if I was right, it is a complicated issue, fine line here..

That's why I'm trying to find solid proof from IRCC, IRPA regulations etc, whether the institution status is a factor or not, when determining an equivalency assessment.
To my defence, I'm also including the fact that WES has given an equivalency statement of a Canadian Diploma.

 

[Andre_Smol]

Yes,, I agree with that, but my focus here would be the fact that the IRPA regulations were amended, to remove the definition of "educational credential", which it was the basis, and correctly, that IRCC refused that application.

Since then, the term "equivalancy assessment" has been introduced, and I included that definition on the initial post.

But I have to agree that even if I was right, it is a complicated issue, fine line here..

That's why I'm trying to find solid proof from IRCC, IRPA regulations etc, whether the institution status is a factor or not, when determining an equivalency assessment.
To my defence, I'm also including the fact that WES has given an equivalency statement of a Canadian Diploma.

Unless you can find a legal precedent to support that argument, I think that might be beyond the scope of a regular application assessment by an IRCC officer and much more in the realm of a professional legal argument.

You might be best served by taking that argument to an immigration lawyer to see if you have any possibility of success with that line of arguing.

 

[evanstp9]

Yes, that is being scheduled.
A professional might have a better idea or experience with this.

It's good I have many options for the time being (waiting for OINP - Employer Pre-screening application for almost 10 months, employer was called a month ago), still 2 years on my PGWP, probablity for LMIA, waiting for Justin's promises - hahaha

It's always good to explore all options, even the most distant ones.

Tnanks for the input.

 

[bellaluna]

So you have a Canadian credential since you say you're on a PGWP, you got this ECA done to try to claim 2 or more certificates?

 

[Andre_Smol]

So you have a Canadian credential since you say you're on a PGWP, you got this ECA done to try to claim 2 or more certificates?

I think he mentioned it was the ECA for his wife's degree.

 

[evanstp9]

Correct, the ECA is for my wife's credential

 

[uditkumar]

Please have a look at the following and share your interpretation of the situation and IRPA regulations posted at the end..


CANADIAN EQUIVALENCY SUMMARY
Diploma (two years) from a non-recognized institution

CREDENTIAL ANALYSIS
1. Credential Authentication: Official transcripts were sent directly by the institution
Country: United Kingdom
Credential: Higher National Diploma
Year: 2005
Awarded by: Cambridge Regional College
Institution Status: Not Recognized
Major/Specialization: Executive Personal Assistant
Canadian Equivalency: Diploma (two years) from a non-recognized institution


My concern is whether the "not recognized" institution status is something that could be a problem and lead to a possible refusal or not.
I know that CIC states for the ECA report this:
The original ECA report must:
be issued on or after the date CIC designated the organization,
not be more than five years old on the date that CIC gets a) your Express Entry profile, and b) your application for permanent residence, and
show your credential(s) is equal to a completed Canadian one.
source: http://www.cic.gc.ca/english/immigrate/skilled/assessment.asp

And also, according to the IRPA, an equivalency assessment has the following definition:
equivalency assessment means a determination, issued by an organization or institution designated under subsection 75(4), that a foreign diploma, certificate or credential is equivalent to a Canadian educationalcredential and an assessment, by the organization or institution, of the authenticity of the foreign diploma, certificate or credential. (attestation d’équivalence)

source: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-15.html?txthl=educational+credential+assessment#s-73

My thoughts are that we have an equivalency statement (Diploma (two years) from a non-recognized institution) and an assessment of the authenticity of the credential (Credential Authentication: Official transcripts were sent directly by the institution).

did they ever give you points for your Non recognised institute.?