Moori said:
I am terribly sorry about it Viktoria and so sad to know of the suspicion of CIO or VO officers. It is to be considered if they raise a concern and ask for an explaination. If for example the officer is not convinced that they are brother and sister due to the lack of a document or a repeated fraud from others being screened at previous files, then its the duty of the officer to explain this concern or raised point or at least have a guidline for giving you a chance to explain and an action if not fulfilled. Communication and follow up would have been the best tools ever to make sure he or she is not mistaken or messed up with written documents for a fake reason in his/her head. I would suggest that you keep an eye on what you have already sent from supporting documents/letters and at the same time, prepare yourself for taking it to a higher level officer or directly to the minister and if not possible to court. And if you please publish their responses if they have done that through writting. Maybe there is something else raised in the language of the letter that could enable us here to support you with more advice or enlighten it for you based on other applicants' expierences.
Dearest wishes for a resolved case as soon as possible
Thank you Moori for your kindly words and support. Sincere congratulations on your visa.
Here is the letter:
Dear:
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 12(2) of the Immigration and Refugee Protection Act (IRPA) states that a foreign national may be selected as a member of the economic class on the basis of their ability to become economically established in Canada. Subsection 75(1) of the regulations prescribes the Federal Skilled Worker class as a class of persons who are skilled workers and who may become permanent residents on the basis of their ability to become economically established in Canada.
Pursuant to the Immigration and Refugee Protection Regulations, 2002, skilled worker applicants are assessed on the basis of the requirements set out in subsection 75(2) and the criteria set out in subsection 76(1). The assessment of these requirements determines whether a skilled worker will be able to become economically established in Canada. The criteria are age, education, knowledge of Canada’s official languages, experience, arranged employment and adaptability.
Your application was assessed based on the occupation(s) in which you requested assessment. The table below sets out the points assessed for each of the selection criteria:
Points assessed Maximum
Age 10 10
Education 22 25
Official language proficiency 7 24
Arranged employment 0 10
Experience 21 21
Adaptability 4 10
TOTAL 64 100
You have obtained insufficient points to qualify for immigration to Canada, the minimum requirement being 67 points.
You were assigned 22 points for your 2 educational credentials at the Bachelor’s level.
You were assigned 7 points for your official language proficiency. This assessment was based upon the language results on file. No points were assigned for your second official language.
No points were assigned for arranged employment.
You have been assigned a total of 4 adaptability points for your spouse’s educational credential.
No points have been assigned for relative in Canada as insufficient evidence is on file to satisfy me of your spouse’s relationship to ХХХХХ.
You have not obtained sufficient points to satisfy me that you will be able to become economically established in Canada.
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 any other 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 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.
Note: Any different or new information that you submit cannot be taken into consideration.
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: http://www.cic.gc.ca/english/information/applications/skilled.asp
There are many ways to immigrate to Canada. To learn more about your options, visit http://www.cic.gc.ca/english/immigrate/index.asp.
Thank you for the interest you have shown in Canada.
PJ
Program Support Officer
Immigration Section
Case Processing Centre
Sydney, Nova Scotia
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Viktoria