Appeal against refusal fsw

[pathania07]

hi frds and my senior please suggest me this concern. last week i got refusal . my question is should i go ahead for apeal against refusal or not because it charge is very high and i dont know i will sucess in appeal , so plz senior guide me what should i do this moment.?


appreciate your suggestion.

 

[canadamylove]

hi frds and my senior please suggest me this concern. last week i got refusal . my question is should i go ahead for apeal against refusal or not because it charge is very high and i dont know i will sucess in appeal , so plz senior guide me what should i do this moment.?


appreciate your suggestion.

ur case got rejected after being in process for 3 years.......now that fswp is over also, even if u do appeal than also ur case wont be processed under fswp, u will get chance under ee.

please share ur details so that we can understand what were the cause of ur refusal.

 

[PMM]

Hi

ur case got rejected after being in process for 3 years.......now that fswp is over also, even if u do appeal than also ur case wont be processed under fswp, u will get chance under ee.

please share ur details so that we can understand what were the cause of ur refusal.

1. You should note the OP got a 2 year ban for misrepresentation. Ineligible to apply until 2017.

 

[pathania07]

what u think i should not apply appeal against refusal....
if i reapply in 2017 after two year ban then how much chances to get visa ,then they will refused my visa or process my application in a general way? plz suggest

 

[rahulk9]

what u think i should not apply appeal against refusal....
if i reapply in 2017 after two year ban then how much chances to get visa ,then they will refused my visa or process my application in a general way? plz suggest

If you think that you have valid grounds then you can appeal. Even if you apply in 2017, chances are very gloom. They will consider your past while processing your file if you apply in 2017 or later.

 

[new_migration]

what u think i should not apply appeal against refusal....
if i reapply in 2017 after two year ban then how much chances to get visa ,then they will refused my visa or process my application in a general way? plz suggest

What was the reason for rejections,can you please elaborate your case, so that one can give better suggestion.

 

[drajpoot]

Hello Diplomatru/Canol/ Other senior members

Please advise me---

My application received at CIC on 17th September 2014 and I got my application return on 20th February 2015 along with CIC letter dated 20th November 2014.
The letter states-
"All supporting documentation provided regarding this work experience history was taken into consideration.The employment letters from NDT company do not provide sufficient evidence that you performed the action described in the lead statement for the occupation or that you performed a substantial number of main duties of the occupation as set out in the occupational description of NOC including all of the essential duties.
As your application does not meet the requirement of R(10)IRPA,it is considered incomplete and is being returned to you for this reason".

I do not agree with the above reason mentioned by the case officer, As this is completely contradictory reason with respect to the assessment of my prior application for permanent resident visa under Federal Skilled worker class for same NOC 2243. My application received on 4th July 2013 and My application fees of 550 dollar was charged as my application passed the basic eligibility criteria as well as minimum criteria that time. Unfortunately in last assessment stage of point grid system I could score only 61 points and I got refusal email from CIC.
As per CIC email dated 27th November 2013-

You were assigned 11 points for your 3 years of full time work experience, or the equivalent in part time work within the 10 years prior to the date of application was made in accordance with R(80) of IPRA. Points were assigned based on work experience with NDT company from 1 October 2010 to present date



Presently I am working for the same company, I have submitted same documents for the proof of my work experience, I did apply for same NOC. Then how can CIC case officer write that the documents are not sufficient and return my application as incomplete , even this time I provide some email references too which clearly shows the duties mentioned in the description of NOC 2243.

Once CIC accepts some documents and satisfy with them, being an applicant everyone will submit the same documents for future application as applicant is sure that those documents are fine except the validity of those documents. I did the same I provided the same letters with update dates without any change. But case officer returns my application

I want to appeal for this unfair decision , as I know that the documents which I have submitted were more than enough to satisfy my duties as per NOC 2243, and that is why all of them were considered and fine for the case officer who assess my application last year in 2013.

I would like to request you to please suggest me a registered lawyer who can act on my behalf.

 

[pathania07]

employment verification went not good. and apply misrepresentation ....

 

[new_migration]

employment verification went not good. and apply misrepresentation ....

Did you provided payslips, offer letter, releasing letter,Form16 and Bank Statements, or you was failed to proved roles and responsibilities which you mentioned in referral letter, may be this leads to rejection of your case.

Remember false misrepresentation of any info will also impact your future application. So can you please let us know actually where you were failed so that anyone one give better suggestion.

 

[pathania07]

yes , i submitted, offer letter, releasing letter, and Bank Statements too.

 

[future_canadian]

ur case got rejected after being in process for 3 years.......now that fswp is over also, even if u do appeal than also ur case wont be processed under fswp, u will get chance under ee.

please share ur details so that we can understand what were the cause of ur refusal.

Not necessarily true. If the appeal is successful the application will be processed under the rules at the time it was submitted.

 

[future_canadian]

employment verification went not good. and apply misrepresentation ....

Did you actually misrepresent, or your documents just weren't good enough?

If you got a 2-year ban that is always going to follow you around if you apply again. But I know of cases where people have been accepted after a ban. Good luck.

 

[future_canadian]

Hello Diplomatru/Canol/ Other senior members

Please advise me---

My application received at CIC on 17th September 2014 and I got my application return on 20th February 2015 along with CIC letter dated 20th November 2014.
The letter states-
"All supporting documentation provided regarding this work experience history was taken into consideration.The employment letters from NDT company do not provide sufficient evidence that you performed the action described in the lead statement for the occupation or that you performed a substantial number of main duties of the occupation as set out in the occupational description of NOC including all of the essential duties.
As your application does not meet the requirement of R(10)IRPA,it is considered incomplete and is being returned to you for this reason".

I do not agree with the above reason mentioned by the case officer, As this is completely contradictory reason with respect to the assessment of my prior application for permanent resident visa under Federal Skilled worker class for same NOC 2243. My application received on 4th July 2013 and My application fees of 550 dollar was charged as my application passed the basic eligibility criteria as well as minimum criteria that time. Unfortunately in last assessment stage of point grid system I could score only 61 points and I got refusal email from CIC.
As per CIC email dated 27th November 2013-

You were assigned 11 points for your 3 years of full time work experience, or the equivalent in part time work within the 10 years prior to the date of application was made in accordance with R(80) of IPRA. Points were assigned based on work experience with NDT company from 1 October 2010 to present date



Presently I am working for the same company, I have submitted same documents for the proof of my work experience, I did apply for same NOC. Then how can CIC case officer write that the documents are not sufficient and return my application as incomplete , even this time I provide some email references too which clearly shows the duties mentioned in the description of NOC 2243.

Once CIC accepts some documents and satisfy with them, being an applicant everyone will submit the same documents for future application as applicant is sure that those documents are fine except the validity of those documents. I did the same I provided the same letters with update dates without any change. But case officer returns my application

I want to appeal for this unfair decision , as I know that the documents which I have submitted were more than enough to satisfy my duties as per NOC 2243, and that is why all of them were considered and fine for the case officer who assess my application last year in 2013.

I would like to request you to please suggest me a registered lawyer who can act on my behalf.

Posting this in every thread won't help. You didn't get 13 points because you didn't have a full 4 years of experience. You have no alternative but to try for EE.

 

[pathania07]

my each and every document was geniun and original , when they call my working place that day my owner father was there and he pick up the phone , he dos't know my original name and he said this name person dost work here , that it.

 

[new_migration]

my each and every document was geniun and original , when they call my working place that day my owner father was there and he pick up the phone , he dos't know my original name and he said this name person dost work here , that it.

which NOC did you applied, So owner doesn`t know your original name, then how can you produce the payslips and offers letter without original name, I really don`t understand..