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appeal or re apply

samleb

Full Member
May 23, 2012
38
0
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
04-april-2012
IELTS Request
sent with application
sadly i got rejected after wasted money on lawyer, right now i need same amount of money to a lawyer to appeal, and it will take up to one year or maybe more. what do you guys suggest ?
i heard re applying is not a good idea, better i take it to court ?????
 

random123

Star Member
Oct 16, 2012
82
2
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
18-04-2013
Med's Request
16-01-2014
Med's Done....
21-01-2014
Passport Req..
08-02-2014
Can you share the details of the rejection? with personal details redacted.

samleb said:
sadly i got rejected after wasted money on lawyer, right now i need same amount of money to a lawyer to appeal, and it will take up to one year or maybe more. what do you guys suggest ?
i heard re applying is not a good idea, better i take it to court ?????
 

honeysingh

Hero Member
Feb 20, 2013
632
33
Edmonton
Job Offer........
Pre-Assessed..
samleb said:
sadly i got rejected after wasted money on lawyer, right now i need same amount of money to a lawyer to appeal, and it will take up to one year or maybe more. what do you guys suggest ?
i heard re applying is not a good idea, better i take it to court ?????
Sorry to know that...

but Just Reapply, which will save you lot of time and money....

btw what was your rejection for can you let us know in detail ..... Noc, time lines, reason for rejection?
 

samleb

Full Member
May 23, 2012
38
0
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
04-april-2012
IELTS Request
sent with application
they said my job is not relevant to my education, i applied as a chef but didnt study to be a chef, but i am really the chef in the restaurant since its our own food.even the duties in the reference letter were not enough they said. they believed my job is in C category. i applied in april 2012. got rejected last week ?
what difference it would make to reapply ? since they dont beleive i dont have skilled job...
 

thisisauser

Hero Member
Nov 23, 2012
726
46
Visa Office......
CPC-Ottawa
samleb said:
they said my job is not relevant to my education, i applied as a chef but didnt study to be a chef, but i am really the chef in the restaurant since its our own food.even the duties in the reference letter were not enough they said. they believed my job is in C category. i applied in april 2012. got rejected last week ?
what difference it would make to reapply ? since they dont beleive i dont have skilled job...
They wouldn't just reject because of mismatching education and work experience. That is not a requirement for CEC. It did contribute though as an additional factor to the disqualification. The actual cause is still type of job.

If you re-apply with a similar job description there's a good chance of another rejection. I suggest you find someone who has successfully applied with the NOC you are trying to apply and use their reference letter as a template.

On another note, I'm really sorry that it took them so long to arrive at the decision. Waiting 15 months to get a rejection based on work experience is disappointing.
 

AnilGurung

Hero Member
Nov 9, 2012
263
30
Toronto, Canada
Category........
Visa Office......
CPO-Ottawa
NOC Code......
1123
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2013
AOR Received.
09-07-2013
IELTS Request
Sent with Application
Med's Request
30-1-2014
Med's Done....
05-02-2014
Interview........
waived
Passport Req..
19/02/2014
VISA ISSUED...
25/02/2014
LANDED..........
1/03/2014
Under the old 2012 rules.. prob not.
But under the new 2013 news. Yes he has a better chance.
 

samleb

Full Member
May 23, 2012
38
0
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
04-april-2012
IELTS Request
sent with application
yes true even my lawyer told this is a mistake about the job is not relvant to my work, but making new better reference letter would make difference ? since when re applying they will look to the old letter and compare and maybe think i tried to make it look better and so ..
the only thing now i have over 3 years experience not just one year... and my income has raised so ... so you guys dont suggest wasting money on appealing ? anyways i have appoitment with new lawyer tomorrow and i will show him the rejection letter to get his opinion
 

nicole1006

Hero Member
Feb 7, 2013
367
5
Category........
Visa Office......
Ottawa
NOC Code......
Noc 1241
Job Offer........
Pre-Assessed..
App. Filed.......
11-08-2012
AOR Received.
06-09-2012
wow....they just rejected you now?? sorry to hear that ...... but i dont think the reason title not match with your education is the only reason to reject you .... there must be something hidden
 

rajjj

Hero Member
Oct 12, 2010
305
3
TORONTO
Category........
Visa Office......
cpp ottawa
NOC Code......
6211
Job Offer........
Pre-Assessed..
App. Filed.......
19-02-2013
Doc's Request.
FEE PAID ONLINE
Nomination.....
NO
AOR Received.
05- 04-2013
IELTS Request
yes
samleb said:
yes true even my lawyer told this is a mistake about the job is not relvant to my work, but making new better reference letter would make difference ? since when re applying they will look to the old letter and compare and maybe think i tried to make it look better and so ..
the only thing now i have over 3 years experience not just one year... and my income has raised so ... so you guys dont suggest wasting money on appealing ? anyways i have appoitment with new lawyer tomorrow and i will show him the rejection letter to get his opinion
sorry to here this.....
my point is that when u in these category specially cook ,line cook, chef u need education or training ..... so if i m not wrong u should put one document for 6 months training of chef and second document for experience u got.
 

honeysingh

Hero Member
Feb 20, 2013
632
33
Edmonton
Job Offer........
Pre-Assessed..
samleb said:
yes true even my lawyer told this is a mistake about the job is not relvant to my work, but making new better reference letter would make difference ? since when re applying they will look to the old letter and compare and maybe think i tried to make it look better and so ..
the only thing now i have over 3 years experience not just one year... and my income has raised so ... so you guys dont suggest wasting money on appealing ? anyways i have appoitment with new lawyer tomorrow and i will show him the rejection letter to get his opinion
apply for GCMS request where you will get the complete picture of rejection and if possible can you paste the complete email removing your personnel information.

That would help many a senior members to better assist you.
 

jsm0085

Champion Member
Feb 26, 2012
2,665
293
Job Offer........
Pre-Assessed..
if you do reapply I'd suggest you look carefully at the NOC you have chosen and see if their is a better fit that is still skilled. If you are on a PGWP it is common to pick wrong NOC...

However, do not totally change ref. letter. By all means, you can expand on duties mentioned and provide more details of other duties that weren't previously mentioned. But if it changes completely and the same duties aren't mentioned, this could def. go against you.

Good luck.
 

nicole1006

Hero Member
Feb 7, 2013
367
5
Category........
Visa Office......
Ottawa
NOC Code......
Noc 1241
Job Offer........
Pre-Assessed..
App. Filed.......
11-08-2012
AOR Received.
06-09-2012
samleb said:
they said my job is not relevant to my education, i applied as a chef but didnt study to be a chef, but i am really the chef in the restaurant since its our own food.even the duties in the reference letter were not enough they said. they believed my job is in C category. i applied in april 2012. got rejected last week ?
what difference it would make to reapply ? since they dont beleive i dont have skilled job...
May I ask what is your education background
 

samleb

Full Member
May 23, 2012
38
0
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
04-april-2012
IELTS Request
sent with application
this is the letter:
i am not satisfied that you meet the skilled work experience requirements. According to your letter of employment, your duties include full perparation work in the kitchen, cooking all food orders and managing kitchen staff. This does not correspond to the lead statement and a substantial number of the main duties contained in NOC 6321, chef, i also noted that your studies are not related to your current employment, nor have you demonstrated a steady progression of work that would lead to the duties of a chef.

Consequently based on all decuments submitted iam not satisfied you have acquired 12 months of full time skilled work experience at NOC type O or type A or B accuption within the 24 months before the application was made and aster having acquired your canadian credential.
................................
by the i took 2 years electro mech engineering technician in george brown
 

xzjh1985

Member
Aug 27, 2012
18
0
I think your problem is with the reference letter.

It is actually clear that the description in your reference letter may not on par with job description under NOC 6321.

Have you read the NOC qualification requirements?

Employment requirements
-Completion of secondary school is usually required.
-Cook's trade certification, which is available in all provinces and territories, or equivalent credentials, training and experience, are required.


first line says culinary school is optional, but second line clearly says you do need a certification to qualify being a chef.
Not trying to be an ass here, I think CIC has a strong case against you.

my suggestion is if money is not an issue, then go back to school get some certification or actually go through culinary school and then re-apply afterwards instead of fighting a battle that you could possibly lose.