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Got refusal... need advice

kvj

Member
Apr 4, 2012
13
0
I did put my file for Canada FSW from London office... now I am in India... Please any one can help me what would be the result of my file... my application progress is as under....

Feb 2010: From London applied for FSW... category was for Finance Manager
March 2010: They reviewed the application and sent us a letter on March 29, 2010. and given us the deadline of 120 days to submit all the documents with the IELTS result.
April 2010: We shifted back to India. And informed to the London office.
April 2010: They have transfer the file to the London England office.
July 2010: Submitted all the documents to London England office.
August 2010: received the confirmation and the new file number by post from London England office.
September 2010: Ecase status "received by Visa Officer" pending for review.
January 2012: Ecase status changed to "In Process"
1st April 2012: Ecase status changed to "Decision Made".....

After all this I received a letter yesterday that I am not eligible, which is as under....

Dear....

Thank you for your application for permanent residence in Canada as a Federal Skilled Worker. I have now completed the assessment of your application and have determined that you are not eligible for processing in this category for the reason noted below.

The Minister of Citizenship and Immigration issued instructions which were published in the Canada Gazette on November 28, 2008. These instructions specify that only applicants who have Arranged Employment Offers, who are legally residing in Canada and have been there for at least one year as Temporary Foreign Workers or International Students, or who have work experience in certain listed occupations are eligible to be processed in the Federal Skilled Worker class.

We have assessed your declared occupations against the list of occupations identified by the Minster of Citizenship and Immigration and published in the Canada Gazette on November 28,2008. Your occupation does not correspond to any of the eligible occupations.

You have indicated that you have work experience in occupation with following NOC: NOC 0111 - Financial Manager.

Although the NOC code correspond to the occupations specified in the instructions, the main duties that you listed do not indicate that you performed the actions described the the lead statement for the occupation, as set out in the occupational descriptions of the NOC or that you performed all the essential duties and a substantial number of the main duties, as set out in the occupational descriptions of the NOC. I am there for not satisfied that you are a NOC 0111 - Financial Manager.

You have indicated that you have work experience in occupation with the following NOC code: NOC 0111 - Financial Manager. Although the NOC code correspond to the occupations specified in the Instructions, you do not have a minimum of one year of continuous full - time, or equivalent part time, paid work experience in the occupation in the last ten years.

Since you did not provide satisfactory evidence that you have an arranged employment offer, are a temporary foreign worker or an international student or have work experience in any of the listed occupations, you do not meet the requirements of the Ministerial Instructions and your application is not eligible for processing.

Subsections 87.3(2)-(3) are the pertinent sections of the Immigration and refugee Protections Act:

The processing of applications and requests is to be conducted in a manner that, in the opinion of the Minsiter, will best support the attainment of the immigration goals established by the Government of Canada.

...the Minster may give instructions with respect to the processing of applications and requests, including instructions

(a) establishing categories of applications of request to which the instructions apply;

(b) establishing an order, by category or otherwise, for the processing of applications of requests;

(c) setting the number of application or request, by category or otherwise, to be processed in any year; and

(d) providing for the disposition of applications and request, including those mode subsequent to the first application or request.

All irreplaceable original documents, which were not obtained for the purpose of submitting on application for immigration, are being returned to you.

the processing fee that you have paid is refundable. You will receive a cheque in eight to twelve weeks.

There are many ways to immigrate to Canada. Although you have not satisfied the requirements to apply under the Federal Skilled Worker class, you may qualify under another category.

Thank you for your interest in Canada...


NOW WHAT SHOULD I DO... ALL THE DOCUMENTS ARE GENUINE... DUTIES WHICH I HAVE MENTIONED THEY DO MATCH WITH THE NOC LIST. I DID SEND THE EXPERIENCE CERTIFICATE FROM THE EMPLOYER AND LAST SIX MONTHS SALARY SLIPS... STILL THIS IS THE SCENARIO????

CAN ANYONE GUIDE ME??? PLEASE
 

rawaljignesh82

Hero Member
Dec 27, 2010
203
4
India
Visa Office......
NDVO
Job Offer........
Pre-Assessed..
App. Filed.......
XX-June-2010
AOR Received.
1st AOR :06-Oct-2010, 2nd AOR: XX Jan 2011
IELTS Request
In Process Status with Processing Date..XX Feb2012 , Last Week Processing Date changed to March 15,2012
File Transfer...
XX-Jan-2011
Med's Request
Done
VISA ISSUED...
Landed
kvj said:
I did put my file for Canada FSW from London office... now I am in India... Please any one can help me what would be the result of my file... my application progress is as under....

Feb 2010: From London applied for FSW... category was for Finance Manager
March 2010: They reviewed the application and sent us a letter on March 29, 2010. and given us the deadline of 120 days to submit all the documents with the IELTS result.
April 2010: We shifted back to India. And informed to the London office.
April 2010: They have transfer the file to the London England office.
July 2010: Submitted all the documents to London England office.
August 2010: received the confirmation and the new file number by post from London England office.
September 2010: Ecase status "received by Visa Officer" pending for review.
January 2012: Ecase status changed to "In Process"
1st April 2012: Ecase status changed to "Decision Made".....

After all this I received a letter yesterday that I am not eligible, which is as under....

Dear....

Thank you for your application for permanent residence in Canada as a Federal Skilled Worker. I have now completed the assessment of your application and have determined that you are not eligible for processing in this category for the reason noted below.

The Minister of Citizenship and Immigration issued instructions which were published in the Canada Gazette on November 28, 2008. These instructions specify that only applicants who have Arranged Employment Offers, who are legally residing in Canada and have been there for at least one year as Temporary Foreign Workers or International Students, or who have work experience in certain listed occupations are eligible to be processed in the Federal Skilled Worker class.

We have assessed your declared occupations against the list of occupations identified by the Minster of Citizenship and Immigration and published in the Canada Gazette on November 28,2008. Your occupation does not correspond to any of the eligible occupations.

You have indicated that you have work experience in occupation with following NOC: NOC 0111 - Financial Manager.

Although the NOC code correspond to the occupations specified in the instructions, the main duties that you listed do not indicate that you performed the actions described the the lead statement for the occupation, as set out in the occupational descriptions of the NOC or that you performed all the essential duties and a substantial number of the main duties, as set out in the occupational descriptions of the NOC. I am there for not satisfied that you are a NOC 0111 - Financial Manager.

You have indicated that you have work experience in occupation with the following NOC code: NOC 0111 - Financial Manager. Although the NOC code correspond to the occupations specified in the Instructions, you do not have a minimum of one year of continuous full - time, or equivalent part time, paid work experience in the occupation in the last ten years.

Since you did not provide satisfactory evidence that you have an arranged employment offer, are a temporary foreign worker or an international student or have work experience in any of the listed occupations, you do not meet the requirements of the Ministerial Instructions and your application is not eligible for processing.

Subsections 87.3(2)-(3) are the pertinent sections of the Immigration and refugee Protections Act:

The processing of applications and requests is to be conducted in a manner that, in the opinion of the Minsiter, will best support the attainment of the immigration goals established by the Government of Canada.

...the Minster may give instructions with respect to the processing of applications and requests, including instructions

(a) establishing categories of applications of request to which the instructions apply;

(b) establishing an order, by category or otherwise, for the processing of applications of requests;

(c) setting the number of application or request, by category or otherwise, to be processed in any year; and

(d) providing for the disposition of applications and request, including those mode subsequent to the first application or request.

All irreplaceable original documents, which were not obtained for the purpose of submitting on application for immigration, are being returned to you.

the processing fee that you have paid is refundable. You will receive a cheque in eight to twelve weeks.

There are many ways to immigrate to Canada. Although you have not satisfied the requirements to apply under the Federal Skilled Worker class, you may qualify under another category.

Thank you for your interest in Canada...


NOW WHAT SHOULD I DO... ALL THE DOCUMENTS ARE GENUINE... DUTIES WHICH I HAVE MENTIONED THEY DO MATCH WITH THE NOC LIST. I DID SEND THE EXPERIENCE CERTIFICATE FROM THE EMPLOYER AND LAST SIX MONTHS SALARY SLIPS... STILL THIS IS THE SCENARIO????

CAN ANYONE GUIDE ME??? PLEASE
This is the most common reason to reject any application. you can not argue with that. still you can appeal but it is time consuming and
Expensive. Most surprising thing is that you received Decision Made status after 3 month . Generally most of the people receives Document updates or DM status with one month of processing.
 

kvj

Member
Apr 4, 2012
13
0
rawaljignesh82 said:
This is the most common reason to reject any application. you can not argue with that. still you can appeal but it is time consuming and
Expensive. Most surprising thing is that you received Decision Made status after 3 month . Generally most of the people receives Document updates or DM status with one month of processing.
Thanks Jignesh
if I fight against this are there any chances of getting approval?

what do you think?
 

yeswecandoit

Star Member
Mar 9, 2012
185
9
" you do not meet the requirements of the Ministerial Instructions and your application is not eligible for processing. "

as you mentioned in time line - have you got real in process with date - " your application was reviewed XX date and further processing started "

or

on 1st april DM and inside " we reviewed your application and DM - sent letter ??

pls recheck your timeline / duties ...
 

Julieana

Hero Member
Nov 8, 2011
366
13
Karachi
Category........
Visa Office......
LVO
NOC Code......
0213
Job Offer........
Pre-Assessed..
Nomination.....
Appeal Case.
Med's Done....
18.8.14
Passport Req..
PP submitted on 10.11.14
kvj said:
Thanks Jignesh
if I fight against this are there any chances of getting approval?

what do you think?
We are also appealing in the court...
If you are on merit and do not have financial problem you should appeal...
Better to assess yourself on different Lawyer's site..
regards.
 

kvj

Member
Apr 4, 2012
13
0
yeswecandoit said:
" you do not meet the requirements of the Ministerial Instructions and your application is not eligible for processing. "

as you mentioned in time line - have you got real in process with date - " your application was reviewed XX date and further processing started "

or

on 1st april DM and inside " we reviewed your application and DM - sent letter ??

pls recheck your timeline / duties ...
NO its doesn't say anything in the status... activities done in 2010 only those things they have mentioned that we have received your application in Feb 2010.

We have sent you a letter in March 2010 for further process.

We have transfered your file to London Office in April 2010.

Now its pending for review and for any further query London office may contact you....

Nothing else written in the Status DM...
 

kvj

Member
Apr 4, 2012
13
0
yeswecandoit said:
" you do not meet the requirements of the Ministerial Instructions and your application is not eligible for processing. "

as you mentioned in time line - have you got real in process with date - " your application was reviewed XX date and further processing started "

or

on 1st april DM and inside " we reviewed your application and DM - sent letter ??

pls recheck your timeline / duties ...
this is what it says when i click on decision made....

We received your application for permanent residence on February, 2010.

We reviewed your application and sent you a letter on March, 2010. Please consider delays in mail delivery before contacting us.

Your application and supporting documents were received by the London England office. They are pending review.

We transferred your application to the London England office on April, 2010. The London England office may contact you.
 

yeswecandoit

Star Member
Mar 9, 2012
185
9
Dear Kvj ,

just reply ---- any time have you got real In process with Date ?

like " your application was reviewed XX date and further processing started "
 

kvj

Member
Apr 4, 2012
13
0
yeswecandoit said:
Dear Kvj ,

just reply ---- any time have you got real In process with Date ?

like " your application was reviewed XX date and further processing started "
No it wasnt anything with the date. It was only In Process
 

krgkutty

Star Member
Sep 2, 2010
181
3
India
Category........
Visa Office......
New Delhi
NOC Code......
0213
Job Offer........
Pre-Assessed..
App. Filed.......
08/04/2010
File Transfer...
30/06/2010
Med's Request
08/11/2012: re-med 26/2/14
Med's Done....
01/03/2014
Hi Kvj,
If I understand it correctly, you have just got the status changed to "In Process" on Jan2012 without the line "We have reviewed your application and started processing on xxx". Again on April 2012 you have just got the status changed to "Decision Made".No changes in the description then also. Please correct me if I am wrong.
Regards, Krg.
 

kvj

Member
Apr 4, 2012
13
0
krgkutty said:
Hi Kvj,
If I understand it correctly, you have just got the status changed to "In Process" on Jan2012 without the line "We have reviewed your application and started processing on xxx". Again on April 2012 you have just got the status changed to "Decision Made".No changes in the description then also. Please correct me if I am wrong.
Regards, Krg.
yes Krgkutty, you are right...
that is what happened...