Application denied - Experts please help

[einstein_pr]

I am a July 2014 CEC APPLICANT. This query is on behalf of my brother.

My brother applied under FSW NOC 1114 – Other Financial Officers (application reached CIC in 3rd week of December 2014). Today he received an email from CIC stating that his application has been denied. Reason for rejection is stated as lack of enough evidence to support the role as described by noc. The unfortunate thing is that this application was submitted through a leading immigration law firm in Canada. He was waiting for his AOR or whatever equivalent we receive for FSW. All letters supporting the role were reviewed and approved by law firm for relevance and completeness.

Anyway, the lawyer is now claiming that this is a clear error by reviewing officer and is recommending paying a fee to the federal court to consider this case. As per them, first step is to pay federal court fee + fee to get hard copy notes from CIC (total $550) and this has to be done before FEB 18'th. If we decide not to pay this fee by said date, file is closed forever. Thereafter they would review the notes and recommend whether to proceed to second step which involves more money ...

Needless to say, my brother has already incurred substantial legal fee for original submission. This rejection has led us to lose trust on the law firm's reputation and wonder if they did not do their job well. Now we are contemplating whether or not to trust the law firm's stand on this matter.

Long story short, has anyone gone through this appeal process? Is there any point even considering this route? Any one with similar experience, please comment. Are there other options to consider? Appreciate your help.

 

[rezafc]

Sorry to hear about your unfortunate case mate,

I'm pretty sure someone with more experience will comment on this soon.

But from my side, first of all you are posting on CEC forum, and most of the folks here have experience in regards to CEC. Secondly when an application is denied and you make an appeal to federal court, it will take time, and I am talking about a year or so. So if you have the patience and as per you mentioned you trust your lawyer, by all means go ahead and appeal.

If you don't trust your lawyer anymore, you have no other choice but to drop the case and apply again. If you believe everything is in place, apply again through EE and await the process and decision.

Again sorry about your brother's case, keep your chin up and never lose hope.

All the best mate,

 

[jamaican_waiting]

I am a July 2014 CEC APPLICANT. This query is on behalf of my brother.

My brother applied under FSW NOC 1114 – Other Financial Officers (application reached CIC in 3rd week of December 2014). Today he received an email from CIC stating that his application has been denied. Reason for rejection is stated as lack of enough evidence to support the role as described by noc. The unfortunate thing is that this application was submitted through a leading immigration law firm in Canada. He was waiting for his AOR or whatever equivalent we receive for FSW. All letters supporting the role were reviewed and approved by law firm for relevance and completeness.

Anyway, the lawyer is now claiming that this is a clear error by reviewing officer and is recommending paying a fee to the federal court to consider this case. As per them, first step is to pay federal court fee + fee to get hard copy notes from CIC (total $550) and this has to be done before FEB 18'th. If we decide not to pay this fee by said date, file is closed forever. Thereafter they would review the notes and recommend whether to proceed to second step which involves more money ...

Needless to say, my brother has already incurred substantial legal fee for original submission. This rejection has led us to lose trust on the law firm's reputation and wonder if they did not do their job well. Now we are contemplating whether or not to trust the law firm's stand on this matter.

Long story short, has anyone gone through this appeal process? Is there any point even considering this route? Any one with similar experience, please comment. Are there other options to consider? Appreciate your help.

I personally think you should just let it go and apply through EE, on your own using all tools, information & experience you have garnered throughout this process. You could spend a lot of time and pay a lot more money appealing this decision & there is no guarantee. I think he/you are better off trying express entry, will inevitably cost a lot less than an appeal and chances are you will get through.

 

[retwant]

I am a July 2014 CEC APPLICANT. This query is on behalf of my brother.

My brother applied under FSW NOC 1114 – Other Financial Officers (application reached CIC in 3rd week of December 2014). Today he received an email from CIC stating that his application has been denied. Reason for rejection is stated as lack of enough evidence to support the role as described by noc. The unfortunate thing is that this application was submitted through a leading immigration law firm in Canada. He was waiting for his AOR or whatever equivalent we receive for FSW. All letters supporting the role were reviewed and approved by law firm for relevance and completeness.

Anyway, the lawyer is now claiming that this is a clear error by reviewing officer and is recommending paying a fee to the federal court to consider this case. As per them, first step is to pay federal court fee + fee to get hard copy notes from CIC (total $550) and this has to be done before FEB 18'th. If we decide not to pay this fee by said date, file is closed forever. Thereafter they would review the notes and recommend whether to proceed to second step which involves more money ...

Needless to say, my brother has already incurred substantial legal fee for original submission. This rejection has led us to lose trust on the law firm's reputation and wonder if they did not do their job well. Now we are contemplating whether or not to trust the law firm's stand on this matter.

Long story short, has anyone gone through this appeal process? Is there any point even considering this route? Any one with similar experience, please comment. Are there other options to consider? Appreciate your help.

Before your brother make his decision, it would be a good idea to check his eligibility in EE. How many points would he get?
Regarding his NOC, can you list his duties here as per his letter of employment? Maybe someone with more similar experience here can help him better. Your brother can also inquire to HRSDC to check his NOC too. They might not be consistent with VOs review, but it will give a good ballpark about how close they are. If it is off by a lot, that could mean that the immigration lawyer is not doing a good job there...

 

[marmaht]

Are you sure it wasn't denied because the cap has been reached since October...?

 

[Amisnic]

I am a July 2014 CEC APPLICANT. This query is on behalf of my brother.

My brother applied under FSW NOC 1114 – Other Financial Officers (application reached CIC in 3rd week of December 2014). Today he received an email from CIC stating that his application has been denied. Reason for rejection is stated as lack of enough evidence to support the role as described by noc. The unfortunate thing is that this application was submitted through a leading immigration law firm in Canada. He was waiting for his AOR or whatever equivalent we receive for FSW. All letters supporting the role were reviewed and approved by law firm for relevance and completeness.

Anyway, the lawyer is now claiming that this is a clear error by reviewing officer and is recommending paying a fee to the federal court to consider this case. As per them, first step is to pay federal court fee + fee to get hard copy notes from CIC (total $550) and this has to be done before FEB 18'th. If we decide not to pay this fee by said date, file is closed forever. Thereafter they would review the notes and recommend whether to proceed to second step which involves more money ...

Needless to say, my brother has already incurred substantial legal fee for original submission. This rejection has led us to lose trust on the law firm's reputation and wonder if they did not do their job well. Now we are contemplating whether or not to trust the law firm's stand on this matter.

Long story short, has anyone gone through this appeal process? Is there any point even considering this route? Any one with similar experience, please comment. Are there other options to consider? Appreciate your help.

One can get hard copy notes from CIC oneself - when you apply for GCMS note, you have a choice - softcopy through email or paper files.

Can you let us know what was in his employment reference letter - i.e. the duties he performed?

 

[jes_ON]

I am a July 2014 CEC APPLICANT. This query is on behalf of my brother.

My brother applied under FSW NOC 1114 – Other Financial Officers (application reached CIC in 3rd week of December 2014). Today he received an email from CIC stating that his application has been denied. Reason for rejection is stated as lack of enough evidence to support the role as described by noc. The unfortunate thing is that this application was submitted through a leading immigration law firm in Canada. He was waiting for his AOR or whatever equivalent we receive for FSW. All letters supporting the role were reviewed and approved by law firm for relevance and completeness.

Anyway, the lawyer is now claiming that this is a clear error by reviewing officer and is recommending paying a fee to the federal court to consider this case. As per them, first step is to pay federal court fee + fee to get hard copy notes from CIC (total $550) and this has to be done before FEB 18'th. If we decide not to pay this fee by said date, file is closed forever. Thereafter they would review the notes and recommend whether to proceed to second step which involves more money ...

Needless to say, my brother has already incurred substantial legal fee for original submission. This rejection has led us to lose trust on the law firm's reputation and wonder if they did not do their job well. Now we are contemplating whether or not to trust the law firm's stand on this matter.

Long story short, has anyone gone through this appeal process? Is there any point even considering this route? Any one with similar experience, please comment. Are there other options to consider? Appreciate your help.

You don't say how long ago your brother's application was refused - this would be useful to know.

If the VO clearly made an error, your brother (or representative) can simply point out the error and request a reconsideration - no court required.

Unfortunately, matching NOC to job description can be a bit fuzzy, subject to interpretation, so without knowing the job duties, there's no way we can comment on that.

My point is - if the VO clearly made an error, there's no need for a court case. If it's not that clear, then the court case is risky.

It would be cheaper and faster to re-apply through express entry, if he's still eligible.

 

[einstein_pr]

Thanks everyone. Good to see such supportive forum.

The application was denied yesterday and the lawyer has already sent a detailed explanation to CIC, requesting them to reconsider. Anyway, I honestly think it's not going to help. I've not heard of a single case to prove the contrary.

Unfortunately, I don't have the detailed job description but all I know is that the letter was vetted twice by the law firm. Apparently that didn't help.

My brother has pretty much decided to give up. But we plan to order GCMS notes to atleast know what was the core issue. Even if we decide to go for a new application under EE, we'll do it on our own. Law firms are just money sucking machines and don't come to rescue when you need them.

Good luck to everyone. Thanks again.

 

[einstein_pr]

Are you sure it wasn't denied because the cap has been reached since October...?

Yes, it wasn't a quota issue.

 

[einstein_pr]

One can get hard copy notes from CIC oneself - when you apply for GCMS note, you have a choice - softcopy through email or paper files.

Can you let us know what was in his employment reference letter - i.e. the duties he performed?

Thanks. Unfortunately, I don't have the job duties. If we look back, this NOC is a tricky one. Hard luck.

 

[Amisnic]

Thanks everyone. Good to see such supportive forum.

The application was denied yesterday and the lawyer has already sent a detailed explanation to CIC, requesting them to reconsider. Anyway, I honestly think it's not going to help. I've not heard of a single case to prove the contrary.

Unfortunately, I don't have the detailed job description but all I know is that the letter was vetted twice by the law firm. Apparently that didn't help.

My brother has pretty much decided to give up. But we plan to order GCMS notes to atleast know what was the core issue. Even if we decide to go for a new application under EE, we'll do it on our own. Law firms are just money sucking machines and don't come to rescue when you need them.

Good luck to everyone. Thanks again.

You still have not told us what the issue is - one folk had a similar issue and we advised him/her to seek assistance from the local MP. They di and their file was reopened. So, if you can tell us what the issue is perhaps we will be able to help, otherwise its like throwing darts in a dark room.

 

[Amisnic]

Thanks. Unfortunately, I don't have the job duties. If we look back, this NOC is a tricky one. Hard luck.

What NOC was it?

 

[einstein_pr]

What NOC was it?

NOC 1114 – Other Financial Officers

 

[cecpet]

Thanks everyone. Good to see such supportive forum.

The application was denied yesterday and the lawyer has already sent a detailed explanation to CIC, requesting them to reconsider. Anyway, I honestly think it's not going to help. I've not heard of a single case to prove the contrary.

Unfortunately, I don't have the detailed job description but all I know is that the letter was vetted twice by the law firm. Apparently that didn't help.

My brother has pretty much decided to give up. But we plan to order GCMS notes to atleast know what was the core issue. Even if we decide to go for a new application under EE, we'll do it on our own. Law firms are just money sucking machines and don't come to rescue when you need them.

Good luck to everyone. Thanks again.

Hi Einstein

First of all that I would say its really sad to know that they rejected your brother case. And secondly that is 100% correct the Law firm are just making money they will just insist you to file your case you are Good to file your case. Once they got the money they will not look after your case even though they can do a lot if they have good status in immigration firm. I am also suffering from this issue.
And as seniors said you can order the notes to see what was the actually problem was may be you will get clue what actually was happen and you can get some options to look after this. But at the same time I will suggest you also look at EE program to file your new application without wasting any more time.
And another think which you mention but no body point out when you file your case in July why it was not received by CIC maximum by August ?? Why in December ?? I think there is too much delayed in your case filing it should be received by August at CIC why in Dec. ?

Hope you will get some chance to file your case again. And dont loose hope world is not about Canada only. You can get far better opportunity in the world anywhere else try your luck. God is greater.

 

[einstein_pr]

Hi Einstein

First of all that I would say its really sad to know that they rejected your brother case. And secondly that is 100% correct the Law firm are just making money they will just insist you to file your case you are Good to file your case. Once they got the money they will not look after your case even though they can do a lot if they have good status in immigration firm. I am also suffering from this issue.
And as seniors said you can order the notes to see what was the actually problem was may be you will get clue what actually was happen and you can get some options to look after this. But at the same time I will suggest you also look at EE program to file your new application without wasting any more time.
And another think which you mention but no body point out when you file your case in July why it was not received by CIC maximum by August ?? Why in December ?? I think there is too much delayed in your case filing it should be received by August at CIC why in Dec. ?

Hope you will get some chance to file your case again. And dont loose hope world is not about Canada only. You can get far better opportunity in the world anywhere else try your luck. God is greater.

Hi, I am a CEC candidate (July 3'rd). My brother applied under FSW on Dec 22'nd, 2014. And his application got denied on 11'th Feb, 2015.

How can my brother obtain GCMS notes without AOR or UCI??? As you can imagine, anyone applying for PR from outside Canada will not have an UCI and if the application was denied before AOR, then no Application number either. If i look at the GCMS form, Application number is mandatory. Can someone please advise?? I would highly appreciate experts help since we need to get the notes to see what went wrong, so we can apply for EE with required amendments.