FSW 2014 Reject reasons

[specialmary]

Look at the law, not just the instructions in application package. Based on the Immigration and Refugee Protection Regulations:

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80. (1) Points shall be awarded, up to a maximum of 15 points, to a skilled worker for full-time work experience, or the equivalent in part-time work, within the 10 years before the date on which their application is made, as follows:

(a) 9 points for one year of work experience;

(b) 11 points for two to three years of work experience;

(c) 13 points for four to five years of work experience; and

(d) 15 points for six or more years of work experience.

Marginal note:Listed occupation

(2) For the purposes of subsection (1), points are awarded for work experience in occupations, other than a restricted occupation, that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix.

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That is, for eligibility for processing and minimum work experience requirement:
One year of continuous full-time work experience (or equivalent part-time)

For claiming points, the rule is different:
experience from more than one occupations is fine. The law never says that a work experience needs to be at least one-year of continuous full-time work experience to claim points.

I have attached the page on the Regulation for your reference:
http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-34.html#docCont

Update: I talked with a lawyer and he confirmed my understanding.

 

[farsaad]

Very sad for u. It's very strange that cic didn't include any letter with it. By the way, is it your first application to cic? If you applied earlier or returned due to cap etc ? If yes than may be information mismatched and they rejected right way. What do you think ?

no it was my first attempt, and i was fulfilling all the criterias at least there should be some rejection reason, and how my DD will be get bak i m so worried can u tell me how can i enquire nova scotia for recovery

 

[taurus4583]

Following are some of the reasons why cases were rejected/returned for FSWP 2013 program: (almost all the cases were rejected/returned in the initial phase)

1- User spoke to cic office and got to know his file has been returned, don't know the reason yet
2- Incomplete Application, educational documents not submitted with ECA. IELTS was older than 2 year at the time of submission but applicant claimed expiry was 9th July.
3- Used old Schedule 3 form
4- Self Attested duties rejected by CIC, Reapplied on 6th Sep
5- Insufficient Work Experience Proof
6- Sent Photocopy of ECA report instead of original
7- Submitted old Schedule 3 Form, Reapplied on 10/9/2013
8- Did not meet the requirements of Regulation 10 of IRPA
9- Did not mention "VISA office name" in Generic Form and did not submit Additional Family information Form
10- Submitted old Schedule 3 form.
11- Used old Schedule 3 form
12- Job Description does not match with NOC
13- Incomplete Application ( waiting for mail from CIC to know what exactly is missing)
14- Used old schedule 3 form, Birth Certificate copy & ECA report not submitted.(The user informed that the birth certificate copy was submitted & there in the returned doc set)
15- Job experience mismatch with NOC
16- Birth Certificate issued by High Commission of India in Mauritius not accepted by CIC
17- Incomplete IMM5562 Travels Form and CIC need a letter from the user's employer for his duties (He had provided self signed letter as his HR was not issuing letter with all job duties)
18- The additional info. form for spouse was missing
19- Used old Schedule 3 form, Reapplied on 9/6/2013
20- Incomplete reference letter and missing duties
21- User had a job offer letter but did not have HRSDC approval
22- Failed to prove 67 points, got 66 points instead, failed to claim work experience points by not attaching duties for 2 years
23- Resubmitted the Application on 10/11/2013, Previous application was returned due to incomplete reference letter
24- Job experience mismatch with NOC, reapplied on 10/2/2013
25- Incomplete Application (waiting for Package)
26- Obtained insufficient points to qualify for immigration to Canada, 65 points
27- Incomplete IM0008 form, Page 2 Missing ( Reapplied on 9/11/2013)
28- Submitted Old Schedule 3 Form (Reapplied on 9/25/2013)
29- Did not have mother and father name in birth proof ( school leaving certificate in his case)
30- File returned due to TWO NOC Code mentioned in section 12.a of Schedule 3 form
31- File returned due to old Schedule 3 form.
32- job experience was not approved because main duties were not provided in the employer letters or documentation.
33- Incomplete Application
34- Used old schedule 3 form
35- File returned on 2 feb 2014. Credit card payment declined
36- Credit Card Failed after several tries
37- Incomplete Application
38- File returned due to missing additional info form for spouse
39- Application returned due to Old Schedule 3 Form.
40- Did not sign the Payment Form
41- CC could not be charged.
42- User's mode of payment was International Money order in USD, not accepted by CIC
43- Missing Birth Certificate.
44- Job Duties not matched & did not sign Payment Form
45- Spouse Birth certificate not submitted
46- Failed to prove 67 points, got 66 points instead, self declared main duties not accepted by CIC
47- Missing Birth Certificate of Spouse & Change to FSWP Work Experience
48- Incomplete Application ( waiting for mail from CIC)
49- Missing IELTS (Though sent with the package & did not get back from CIC)
50- Not able to reach 67 point due to points for Relative in Canada not considered by CIC.
wrong expiry date on credit card
51- ECA report by Wes was 3 years post secondary education from a non - recognized institute. This equivalency assessment did not demonstrate that he has completed the equivalent of a Canadian secondary educational credential.
52- Failed to prove 67 points, got 66 points instead, self declared main duties not accepted by CIC
53- User made a mistake of putting his primary occupation as Lecturer in Schedule 3 form (Even though he showed his experience in NOC 2243)
54- Insufficient language benchmark as per CLB
55- Incomplete Application ( waiting for mail from CIC), Reapplied on 11/18/2013
56- WES Report provided indicated the Canadian Equivalency Summary as two years of undergraduate study which did not demonstrate that he has completed the equivalent of a Canadian secondary educational credential. Decision made by CIO.
57- Ineligible NOC Code 0112 was listed as the primary occupation
58- Birth Certificate not Included & Missing Supplementary Info Travels form, Reapplied on 9th Sep with userid uskp3142
59- Reason- Photos were missing in application packet although applicant had sent it.
60- Insufficient Job Duties Proof
61- Additional family information form missing for spouse
62- Incomplete Application
63- Application rejected by CIO inspite of CC charge and ECAS IN PROCESS. Work experience for current job not provided. Reapplied on 9/30/2013
64- Page 4 of Generic form missing
65- Incomplete Application
66- Incomplete Application (waiting for Package)

very usefull info thnks..

 

[pradhan12]

Dear seniors and forum members,

I am main applicant and our application was received on 31st July 2014. I received PER on 25th of November 2014.I have applied with my wife. We married last February.

Now I do have some issues.

I had applied USA couple of times. Once for a student visa on 2008 and other for tourist visa on 2012 but visa was refused both times.

My wife had previously applied for Canada student visa just making the marriage certificate with dependent but unfortunately she was refused too.

While applying for FSW 2014 we did not mentioned about it in schedule A background/declaration form 6 (d)


I didn't realize to write about it at that time and even to send an email to CIC immediately.

Now should I wait from NDVO if they inquire me about it.

But I had applied through consultant and I was been to do this saying on the Canadian lawyer.
Even to make my doubt clear, I had mailed again to them and I got response from them saying

Hello Pradhan,

Thank you for writing us an email.

We will have to wait to hear from the case officers as there is no such provision of providing any
changes of circumstances while the processing of your application.

There will be positive response from their end, so not to worry.


Thank and Regards,

Immigration Consultant
Zephyr Visa Internationals.
No. 101/A, 2nd Floor, Santa Clara
Building No. 2&3, Nirguna Mandir Extension
100 Feet Intermediate Road, Koramangala 6th Block
Bangalore - 560047. INDIA
Ph: 91-80-65555854



I would really appreciate for your response.

 

[specialmary]

Dear seniors and forum members,

I am main applicant and our application was received on 31st July 2014. I received PER on 25th of November 2014.I have applied with my wife. We married last February.

Now I do have some issues.

I had applied USA couple of times. Once for a student visa on 2008 and other for tourist visa on 2012 but visa was refused both times.

My wife had previously applied for Canada student visa just making the marriage certificate with dependent but unfortunately she was refused too.

While applying for FSW 2014 we did not mentioned about it in schedule A background/declaration form 6 (d)


I didn't realize to write about it at that time and even to send an email to CIC immediately.

Now should I wait from NDVO if they inquire me about it.

But I had applied through consultant and I was been to do this saying on the Canadian lawyer.
Even to make my doubt clear, I had mailed again to them and I got response from them saying

Hello Pradhan,

Thank you for writing us an email.

We will have to wait to hear from the case officers as there is no such provision of providing any
changes of circumstances while the processing of your application.

There will be positive response from their end, so not to worry.


Thank and Regards,

Immigration Consultant
Zephyr Visa Internationals.
No. 101/A, 2nd Floor, Santa Clara
Building No. 2&3, Nirguna Mandir Extension
100 Feet Intermediate Road, Koramangala 6th Block
Bangalore - 560047. INDIA
Ph: 91-80-65555854



I would really appreciate for your response.

The immigration officers will likely know that your wife's Canadian visas get rejected. Therefore, it was a good move that you informed the officers proactively (their computer has a lot of your record -- they even have the record of you applying for immigration or history of immigration rejection on those computers on boarders). I don't know if they have records of US visa. However, you can just wait now until further responses from immigration officers.

 

[pradhan12]

The immigration officers will likely know that your wife's Canadian visas get rejected. Therefore, it was a good move that you informed the officers proactively (their computer has a lot of your record -- they even have the record of you applying for immigration or history of immigration rejection on those computers on boarders). I don't know if they have records of US visa. However, you can just wait now until further responses from immigration officers.

Yes I will wait till I get any query from visa officers.
Thank you very much for your information.
Cheers

 

[specialmary]

Yes I will wait till I get any query from visa officers.
Thank you very much for your information.
Cheers

Wish you good luck. I am not very clear about why your wife got refused in her application. But also be prepared that if your wife ever misrepresented herself in front of an officer, it may affect the application. It is likely that the officer will have record of this (especially if she has been deported due to misrepresentation).

 

[pradhan12]

Wish you good luck. I am not very clear about why your wife got refused in her application. But also be prepared that if your wife ever misrepresented herself in front of an officer, it may affect the application. It is likely that the officer will have record of this (especially if she has been deported due to misrepresentation).

Thank you.
She got rejected in student visa and the reason was she could not afford University fee.
She had applied like 3-4 years back and she got refusal letter from NDVO. But she has never been deported due to misrepresentation.
Cheers.

 

[ksa0510]

Rejection is never the end of your Canadian aspiration but it is the beginning of better things to come.
Arise and start planning for the Express Entry.
Here are the important links to follow towards adequately preparing for the prog.
Preparing for Express Entry
Job Bank
http://www.servicecanada.gc.ca/eng/sc/jobs/jobbank.shtml
Standard Canadian Resume Preparation
http://alis.alberta.ca/worksearch/resumes.html
Credential evaluation
http://www.cic.gc.ca/english/immigrate/skilled/assessment.asp
Language Skill Assessment
http://www.celpiptest.ca/
https://ielts.britishcouncil.org/Default.aspx
Questions & Answer on Express Entry
http://www.cic.gc.ca/english/department/media/notices/2014-12-01.asp

 

[bensonams]

Rejection is never the end of your Canadian aspiration but it is the beginning of better things to come.
Arise and start planning for the Express Entry.
Here are the important links to follow towards adequately preparing for the prog.
Preparing for Express Entry
Job Bank
http://www.servicecanada.gc.ca/eng/sc/jobs/jobbank.shtml
Standard Canadian Resume Preparation
http://alis.alberta.ca/worksearch/resumes.html
Credential evaluation
http://www.cic.gc.ca/english/immigrate/skilled/assessment.asp
Language Skill Assessment
http://www.celpiptest.ca/
https://ielts.britishcouncil.org/Default.aspx
Questions & Answer on Express Entry
http://www.cic.gc.ca/english/department/media/notices/2014-12-01.asp

Ok.

 

[FSWCIO]

What's the minimum requirement of
Ielts for EE?

 

[specialmary]

Thank you.
She got rejected in student visa and the reason was she could not afford University fee.
She had applied like 3-4 years back and she got refusal letter from NDVO. But she has never been deported due to misrepresentation.
Cheers.

It seems to me that the rejection will not affect the application. US visa office often rejects visa anyway. In both cases if no misrepresentation was involved, it may be wise to let visa officers know as soon as possible. They definitely have record of your previous applications and, if I remember correctly, one procedure visa officers did in immigration applications is to check all the documents you submitted previously in your previous applications. The procedure of evaluating immigration applications is described in Overseas Processing - 6C:

http://www.cic.gc.ca/english/resources/manuals/op/op06c-eng.pdf

 

[perukulla]

Rejection is never the end of your Canadian aspiration but it is the beginning of better things to come.
Arise and start planning for the Express Entry.
Here are the important links to follow towards adequately preparing for the prog.
Preparing for Express Entry
Job Bank
http://www.servicecanada.gc.ca/eng/sc/jobs/jobbank.shtml
Standard Canadian Resume Preparation
http://alis.alberta.ca/worksearch/resumes.html
Credential evaluation
http://www.cic.gc.ca/english/immigrate/skilled/assessment.asp
Language Skill Assessment
http://www.celpiptest.ca/



Ksa,
Thanks for all the time inspiring words you deserve a lot yaar. here is +1 for you.
https://ielts.britishcouncil.org/Default.aspx
Questions & Answer on Express Entry
http://www.cic.gc.ca/english/department/media/notices/2014-12-01.asp

 

[ksa0510]

Sample of rejection letter/NER

From:"Centralized-Intake-Office" <Centralized-Intake-Office @ cic.gc.ca>
Date:Thu, 4 Dec, 2014 at 18:28
Subject:Application for Permanent Residence in Canada

cid:image001.gif @ 01CC08CF.4DA01110



FEDERAL SKILLED WORKER
CENTRALIZED INTAKE OFFICE
P O BOX 7500
SYDNEY NS B1P 0A9
OAA


4 December 2014
 
UCI: 9XXXXXXX
*9XXXXXXX*


Application: E0002XXXXX
*E0002XXXXX*

OAA:

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
6 12
Education
21 25
Official language proficiency
19 28
Arranged employment
0 10
Experience
15 15
Adaptability
5 10
TOTAL
66 100

You have obtained insufficient points to qualify for immigration to Canada, the minimum requirement being 67 points.

You were assigned 6 points for your age in accordance with R81 of IRPA.

You were assigned 21 points for your education credential at the bachelor degree level based on the Canadian educational credential or equivalency assessment submitted in support of your application in accordance with R75(8) and R78(1).

You were assigned 19 points for your English language proficiency and 0 for your French language proficiency. Points have been assigned in accordance with R79(1) of IRPA.

No points were assigned for arranged employment in accordance with R82(2) of IRPA.

You were assigned the maximum 15 points for your 7 years of full-time work experience, or the equivalent in part-time work, within the 10 years prior to the date your application was made, in accordance with R 80 of IRPA.

You were assigned 5 adaptability points for your spouse or common-law partners' language proficiency, in accordance with R83 of IRPA.

No points were assigned for being related to a person living in Canada. Adaptability points are assigned if the principal applicant or accompanying spouse or common-law partner has a relative who is 18 years of age or older as of the date of application and who is a Canadian citizen or permanent resident residing in Canada. Documentation must show proof of relationship to a relative in Canada, proof of status in Canada of a relative and proof of residency in Canada of your relative. As you did not provide documentation to satisfy me of proof of residency in Canada of your relative, I have assigned no points, in accordance with R83 of IRPA.

No points were assigned for a two year period of study in Canada by you or your spouse, for one year of work in Canada by you at the O, A or B level or one year of work in Canada by your spouse or common-law partner, or for arranged employment in accordance with R83 of IRPA.

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.

NOTE: Your application and supporting documentation are part of your permanent record and must remain on file. Original documents, submitted in support of your application, are also part of the permanent record and will not be returned. Once your application has been placed in process, no refund of the processing fees will be issued.

Thank you for the interest you have shown in Canada.


XX
Program Support Officer
Immigration Section
Case Processing Centre
Sydney, Nova Scotia

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to who they are addressed. This message contains confidential information and is intended only for the individual(s) named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. If you have received this e-mail by mistake delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.

This e-mail address is solely for the purpose of communicating to clients and/or their representative's further instructions regarding their application. This e-mail box is not being monitored. Any future communication/queries to this e-mail address will therefore not be answered.

 

[blacky]

PLs help.
Are principal applicant not suppose to earn 5 points under arranged emplyment?