Hi Guys, I've been going through the wonderful-cum-insightful discussions you guys are having in this forum and I must say that I wished I've been here quite earlier before now.
Anyways, I'm also a PR applicant under the PhD stream. Unfortunately, I got NER and no "eligibility" point was given.
I have used only my TA/RA experience as a 3rd year PhD student with my number of working hours over 1 year. I also submitted two letter from my university towards my application. The first letter was from the Payroll Operations Dept of my university which stated that am a full-time PhD student employed as an RA and TA. It also stated the numbers of hours I've worked as an RA and TA since my employment which sum up to more than one-year full time (i.e. 1950 hours) equivalent . The second letter from the faculty of graduate studies and research (FGSR) stated that I am currently a full-time PhD student for over 2years in good academic standing.
However, since am applying just with my current RA/TA employment, none of these letters stated my main duties as an RA/TA and this is the major reason for my NER.
What do you suggest I should do? Also, without the 5points from adaptability (having been a full time PhD student for more than 2yrs but without any degree yet), I will just be shy of the 67point ELIGIBILITY mark.
Below is my decision letter from the CIO.
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Dear ***:
The Minister of Citizenship, Immigration and Multiculturalism issued instructions which were published in the Canada Gazette on November 5, 2011. These instructions specify that applications from international students who are currently enrolled in a PhD program, or foreign nationals who have completed a PhD program, in a recognized educational institution located in Canada and that are accompanied by the results of the principal applicant's English or French language proficiency assessment are eligible to be processed in the Federal Skilled Worker class.
I have now completed the assessment of your application for a permanent resident visa as a skilled worker. I have determined that you do not meet the requirements for immigration to Canada.
While your application for the Phd program meets one of the requirements of the Ministerial Instructions now in effect, to be eligible for processing, your work experience must still meet the minimal requirements as defined in subsection 75(2) of the Immigration and Refugee Protection Regulations that states that a foreign national is a skilled worker if:
a) within the ten years preceding the date of their application for a permanent resident visa, they, have at least one year of continuous full-time (37.5 hours/week) employment experience as described in subsection 80(7), or the equivalent in continuous part-time employment in one or more occupations, other than a restricted occupation, that are listed in Skill Type 0 Management Occupations or Skill Levels A or B of the National Occupational Classification matrix;
b) during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification; and
c) during that period of employment they performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties.
I am not satisfied that you meet part B & C of these requirements for the following reasons:
All supporting documentation on file regarding your work experience history was taken into consideration. Employment document from the University of Alberta does not provide sufficient evidence that you performed the actions described in the lead statement for the occupation identified on Schedule three of your application, or that you performed a substantial number of the main duties of the occupation as set out in the occupational description of the NOC, including all of the essential duties. Therefore, evidence of part B & C cannot be determined.
Subsection 75(3) states that if a foreign national fails to meet these requirements, the application shall be refused and no further assessment is required. I am not satisfied that you meet these requirements.
Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. Subsection 2(2) specifies that unless otherwise indicated, references in the Act include regulations made under it.
Following an examination of your application, I am not satisfied that you meet the requirements of the Act and the regulations for the reasons explained above. I am therefore refusing your application.
Note: Any different or new information that you submit cannot be taken into consideration.
PLEASE NOTE:
To assist in determining if you qualify to apply under the Federal Skilled Workers Class, you may wish to complete the self-evaluation tool at the following website:
....
Should you have different or additional information, you may wish to submit a new application. For up-to-date information on how to apply under the Federal Skilled Workers Class, please visit the website at: .....
There are many ways to immigrate to Canada. Although you have not satisfied the requirements to apply under the Federal Skilled Worker class, you may qualify under another category. To learn more about your options, visit ....
Thank you for your interest in Canada.
SJW
Program Support Officer
Immigration Section
Case Processing Centre
Sydney, Nova Scotia
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