Applicant from PhD program after 5 Nov, 2011 connect here to get status

[osis]

Hi,
How did you get your RA letter from UWO ? where should i go ?

Hi All,

I have just received the PER today May 1st 2012
I am a PhD candidate at UWO who finished 4 full time semesters (Equivalent to two years)
I am originally from Egypt
The application has 3 persons
My work experience included the TA/RA in addition to other work

My application is received in March 19th 2012
The Money Order was cashed on March 28th 2012
I got the PER on May 01st 2012

Snow walker: Could you update the Excel sheet and add my results, Your excel sheet helped me a lot understanding what is going on
Thank you guys for sharing these info with us

Aboshosha84

 

[mapleisland]

Hi Mapleisland,

I am also working to prepare material for application. According to your previous post, I guess you also obtained your bachelor/Master's degree from China. If possible, can you add my as friend on QQ? My number is 215822170. Or we can communicate by email, mine is zoubin19 @ gmail.com

I've just sent you an Email.

 

[Dani1982]

Guys
This is the adaptability rule under the Immigration and Refugee Regulations in the following link :
http://www.canlii.org/en/ca/laws/regu/sor-2002-227/latest/sor-2002-227.html#history

Adaptability (10 points)

83. (1) A maximum of 10 points for adaptability shall be awarded to a skilled worker on the basis of any combination of the following elements:

(a) for the educational credentials of the skilled worker's accompanying spouse or accompanying common-law partner, 3, 4 or 5 points determined in accordance with subsection (2);

(b) for any previous period of study in Canada by the skilled worker or the skilled worker's spouse or common-law partner, 5 points;

(c) for any previous period of work in Canada by the skilled worker or the skilled worker's spouse or common-law partner, 5 points;

(d) for being related to a person living in Canada who is described in subsection (5), 5 points; and

(e) for being awarded points for arranged employment in Canada under subsection 82(2), 5 points.
Educational credentials of spouse or common-law partner

(2) For the purposes of paragraph (1)(a), an officer shall evaluate the educational credentials of a skilled worker's accompanying spouse or accompanying common-law partner as if the spouse or common-law partner were a skilled worker, and shall award points to the skilled worker as follows:

(a) for a spouse or common-law partner who would be awarded 25 points, 5 points;

(b) for a spouse or common-law partner who would be awarded 20 or 22 points, 4 points; and

(c) for a spouse or common-law partner who would be awarded 12 or 15 points, 3 points.

Previous study in Canada

(3) For the purposes of paragraph (1)(b), a skilled worker shall be awarded 5 points if the skilled worker or their accompanying spouse or accompanying common-law partner, by the age of 17 or older, completed a program of full-time study of at least two years' duration at a post-secondary institution in Canada under a study permit, whether or not they obtained an educational credential for completing that program.


I talked to a lawyer and he suggested to look at the Immigration and Refugee Regulations instead of the operational manual on CIC webpage since this is the reference . Then based on this rule, he said I am not eligible to earn this 5 points. Now it is clear to me and I have to apply again !

 

[TyrusX]

Guys
This is the adaptability rule under the Immigration and Refugee Regulations in the following link :
http://www.canlii.org/en/ca/laws/regu/sor-2002-227/latest/sor-2002-227.html#history

Adaptability (10 points)

83. (1) A maximum of 10 points for adaptability shall be awarded to a skilled worker on the basis of any combination of the following elements:

(a) for the educational credentials of the skilled worker's accompanying spouse or accompanying common-law partner, 3, 4 or 5 points determined in accordance with subsection (2);

(b) for any previous period of study in Canada by the skilled worker or the skilled worker's spouse or common-law partner, 5 points;

(c) for any previous period of work in Canada by the skilled worker or the skilled worker's spouse or common-law partner, 5 points;

(d) for being related to a person living in Canada who is described in subsection (5), 5 points; and

(e) for being awarded points for arranged employment in Canada under subsection 82(2), 5 points.
Educational credentials of spouse or common-law partner

(2) For the purposes of paragraph (1)(a), an officer shall evaluate the educational credentials of a skilled worker's accompanying spouse or accompanying common-law partner as if the spouse or common-law partner were a skilled worker, and shall award points to the skilled worker as follows:

(a) for a spouse or common-law partner who would be awarded 25 points, 5 points;

(b) for a spouse or common-law partner who would be awarded 20 or 22 points, 4 points; and

(c) for a spouse or common-law partner who would be awarded 12 or 15 points, 3 points.

Previous study in Canada

(3) For the purposes of paragraph (1)(b), a skilled worker shall be awarded 5 points if the skilled worker or their accompanying spouse or accompanying common-law partner, by the age of 17 or older, completed a program of full-time study of at least two years' duration at a post-secondary institution in Canada under a study permit, whether or not they obtained an educational credential for completing that program.


I talked to a lawyer and he suggested to look at the Immigration and Refugee Regulations instead of the operational manual on CIC webpage since this is the reference . Then based on this rule, he said I am not eligible to earn this 5 points. Now it is clear to me and I have to apply again !

But that is basically the same thing that is written in the op-6. Still ambiguous.

 

[Dani1982]

But that is basically the same thing that is written in the op-6. Still ambiguous.

It doesn't have the part "But simply to have completed at least two years of study" which was very confusing and it also clearly states that you have to complete the program but it doesn't matter if you don't get a degree for that yet, which is the case that if you finish your program but still waiting to get your degree. Actually this was the lawyer interpretation

 

[TyrusX]

It doesn't have the part "But simply to have completed at least two years of study" which was very confusing and it also clearly states that you have to complete the program but it doesn't matter if you don't get a degree for that yet, which is the case that if you finish your program but still waiting to get your degree. Actually this was the lawyer interpretation

But this is stupid. How long does it take to get your degree after you complete your program? This smells like badly written on purpose.

 

[Dani1982]

But this is stupid. How long does it take to get your degree after you complete your program? This smells like badly written on purpose.

I agree with you on this. The amazing thing is the CIO interpretation of this rule, their double standard in their offices costs us 550$ !!!!

 

[Sunnddy]

I agree with you on this. The amazing thing is the CIO interpretation of this rule, their double standard in their offices costs us 550$ !!!!

It's stupid that CIC gives the points and takes the money and then Ottawa rejects it. Maybe we can argue about their double standard. At least they should give the money back to the applicants. That's their fault, not applicants'. Why should applicants pay for their fault?

 

[PyramidCity]

I agree with you on this. The amazing thing is the CIO interpretation of this rule, their double standard in their offices costs us 550$ !!!!

The law is the law. Laws can be explained in different ways. That is why we have OP-6, which is the interpretation of the law. OP-6 is also a legal document. It regulates how ppl should use the law.

 

[mapleisland]

But this is stupid. How long does it take to get your degree after you complete your program? This smells like badly written on purpose.

So based on what you stated, since I'm only have my phd study here in Canada and several months towards my defense, I'm not eligible for the 5 points?

 

[mcknight0219]

So based on what you stated, since I'm only have my phd study here in Canada and several months towards my defense, I'm not eligible for the 5 points?

It seems so by far. Since you are to graduate in a few month, why not wait until you get
a degree and then apply?

 

[salam20]

I hope that 5 points of the two years of study under the adaptability, is to be discussed with an immigration ministry in order to get them added to all of us by laws. I am in SK I am going to send the minister in SK this appeal, immediately.

 

[Aaron2012]

I got a question again about the scenario we may have for getting this 5 adaptability points.

The scenario is: suppose our PhD program is 4-year long, and we just studied (almost) 4 years but are not going to defence in the near future. Does it count as the completion of a program, since literally this scenario fits every word said in the documents?

What do you think?

 

[TyrusX]

I got a question again about the scenario we may have.

The scenario is: suppose our PhD program is 4-year long, and we just studied 4 years but are not going to defence in the near future. Does it count as the completion of a program, since literally this scenario fits every word said in the documents?

That the point. "Complete a program of two years" What the hell does it means? Complete the requirements of the degree? a program of two years of studies? If the first, the answer is no, since you have not defended the thesis.

 

[Aaron2012]

I agree with you on this. The amazing thing is the CIO interpretation of this rule, their double standard in their offices costs us 550$ !!!!

Thanks TyrusX, and our lessons are expensive!