Applicant from PhD program after 5 Nov, 2011 connect here to get status
- Thread starter snow_walker
- Start date
Hello, today I got my refusal !
Here is the email:
[quote ]
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.
Subsection 75(2) of the Immigration and Refugee Protection Regulations states that a foreign national is a skilled worker if:
a) within ten years preceding the date of their application for a permanent resident visa, they have at least one year of continuous full-time employment (37.5 hours/week) experience, 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 (NOC) 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 these requirements. Your work experience as a Research Assistant at Carleton University cannot be accepted as the list of duties contained in your letter of reference dated November 22, 2012 do not match the actions in the lead statement and a substantial number of the main duties under the NOC code you selected – NOC 4122. Your work experience as a Contract Instructor and a Teaching Assistant was part time and was the full-time equivalent of 10.5 months of work experience. Your work experience as a Software Designer, NOC 2173) at Khazar Sintech Company cannot be accepted as the list of duties contained in your letter of reference dated June 22, 2011 do not match the actions in the lead statement and a substantial number of the main duties under the NOC code you selected – NOC 2173. Your work experience as a Contract Instructor at Islamic Azad University was for 5 months. As such, you do not have one year of continuous full-time work experience.
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 shall 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 to “this 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.
Thank you for the interest you have shown in Canada.
[/quote]
It's so frustrating. I had friends who applied 1 year before me and got their PR so easy.
Guys, I have a question. I applied in Jan 2012. Got my PER in March. and Now this letter.
All they say is "my duties in my RAship,and other jobs are not satisfying.
Can I get new letters from my university and my employer and ask the Ottawa office to re-assess my application?
Here is the email:
[quote ]
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.
Subsection 75(2) of the Immigration and Refugee Protection Regulations states that a foreign national is a skilled worker if:
a) within ten years preceding the date of their application for a permanent resident visa, they have at least one year of continuous full-time employment (37.5 hours/week) experience, 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 (NOC) 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 these requirements. Your work experience as a Research Assistant at Carleton University cannot be accepted as the list of duties contained in your letter of reference dated November 22, 2012 do not match the actions in the lead statement and a substantial number of the main duties under the NOC code you selected – NOC 4122. Your work experience as a Contract Instructor and a Teaching Assistant was part time and was the full-time equivalent of 10.5 months of work experience. Your work experience as a Software Designer, NOC 2173) at Khazar Sintech Company cannot be accepted as the list of duties contained in your letter of reference dated June 22, 2011 do not match the actions in the lead statement and a substantial number of the main duties under the NOC code you selected – NOC 2173. Your work experience as a Contract Instructor at Islamic Azad University was for 5 months. As such, you do not have one year of continuous full-time work experience.
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 shall 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 to “this 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.
Thank you for the interest you have shown in Canada.
[/quote]
It's so frustrating. I had friends who applied 1 year before me and got their PR so easy.
Guys, I have a question. I applied in Jan 2012. Got my PER in March. and Now this letter.
All they say is "my duties in my RAship,and other jobs are not satisfying.
Can I get new letters from my university and my employer and ask the Ottawa office to re-assess my application?
You are a newbie, so the forum limits your postings somehow. That is why I encourage everyone that just reads the forum to participate as much as they can.hamed_hamed_hamed said:
Sorry to hear of your refusal. Could you post all your timeline?
Well. It does seem that you didn't have the one year work experience, or at least you didn't present proof that you did. Please don't compare yourself to your friends as if you were being discriminated, they probably presented documents that made easier for the visa officer to verify their claims. I would advise you to review your documents and try again. It is always worthy to be very well informed before applying. Read the Operational Procedures 6b and if possible pay for a lawyer to review your application.hamed_hamed_hamed said:
I have really started worrying about my reference letter as well. As I remember, I did not have much written about my RA duties in that letter just something like " he is doing research with his supervisor at the university ****** centre".TyrusX said:
That is a problem indeed.aidina said:
I would have a reference letter written in this way:
NOC NUMBER: NAME OF YOUR POSITION
PROJECT YOU WERE ASSIGNED TO: NAME OF PROJECT
TASKS:
Did research measuring the perfomance/chemical/ability of X and Y under Z conditions
Wrote paper or technical report, submited such to X and Y.
Gave presentations to the group and at conferences.
And so on.
You mean I need to re-apply and pay for a new application? Then I will at the end of queue.TyrusX said:
When I was filling out the application, I didn't pay enough attention to job duties.
Can I just get new letters from my employers with details and send them to Ottawa office? I am sure my employer can provide such letters for me. Does the Ottawa office re-assess my letters?
As far as we know, it is almost impossible to get an appeal thru after you get refusal at the VO level. However, you can try, but you may need to hire a lawyer. Take care you do not contradict yourself as this could be seen as misrepresentation, which can result in banning.hamed_hamed_hamed said:
would you mind sharing your dates? As you can see in the spreadsheet, lots of people are getting rejected.
Yeah, I provided my timeline: Filed on Jan 21, Got PER 7 March, refusal on Jan 20 2013.TyrusX said:
I even sent them some letters in September to update my job experience, but it seems they did not consider those letters.
Did you have an year of continuous work experience,without a long break, lets say, more than 2 months?hamed_hamed_hamed said:
What's your nationality and number of applicants? Did they request those documents from you or you sent them yourself.