How to ask for re-assessment after FSW rejection

[sant_canada]

Gurus please advise.

My cousin's FSW application is rejected by New Delhi CHC for a simple reason after waiting for 6 years. Cousin got all total 66 points. Cousin's spouse has a Bachelor Degree (Bachelor of Arts) from a Govt University which was awarded in 1992 through correspondence study system. This degree is of 15(10+2+3) years of progressive study. While applying only Provisional Certificate was submitted for this degree. It was a serious but simple mistake not to obtain Degree certifacate(Convocation ) and to submit to CHC New Delhi(applied in 2003). That Immigration Officer(instead of giving a chance to seek for Degree certificate) has allocated 3 points under adaptability. In the explanation for rejection that IO treated the spouse's education as 10+2.

But under adaptability if spouse has Bachelor degree and 15 years of study then the eligible points are 4. With these 4 points my cousin will be getting all total 67 points. Now my cousin is going to send a copy of spouse's Degree Certificate(Convocation certificate) to CHC New Delhi ask to re-assess.

Can please somebody guide us as to how to proceed to ask the CHC to reassess? Are there any special/important things to take care while sending the request? Is there any special form for re-assessment? How long would they normally take to re-assess?

If even after sending request for re-assessment , the immigration officer rejects, how do we proceed further, like is there any way for appeal under Canadian Immigration and refugee protection act?

Thank you for your advice.

 

[iateapple]

If there was nothing to prove at the time of ASSESSMENT that spouse has completed bachelors degree, then he officer made the right decision. When was the degree awarded? Any new documentation will not be considered after the assessment decision has been made.

You can write to Program Manager of New Delhi

 

[sant_canada]

Thanks iateapple for your response.
Actually spouse was awarded the bachelor degree by the university in 1992, but never obtained certificate from university, applied immigration in 2003 using the provisional certificate. So while assessment was made the immigration officer could have treated the Bachelor degree as a 15 yr study or else he/she could have asked further documentation such as copy of Degree certificate from the applicant. But that IO outrightly rejected without giving a chance to prove the bachelor degree.

 

[rupeshhari]

Was your cousin asked sometime between 2003 and 2009 whether he still wants his application processed and gave him 60days to reply?

 

[sant_canada]

rupeshhari

They sent the rejection letter couple days ago. They never asked any documnet related to this degree.

 

[rupeshhari]

usually they send a letter asking whether you want the application to proceed. Did he get one of those letters?

 

[sant_canada]

rupeshhari

Yes, my cousin's have received such thing in 2008 asking whether to proceed for assessment and they responded affirmatively within the time given. When they responded in 2008 they only submitted fresh experience letter, nothing else. But it did not strike to them to produce the Degree certificate and they thought the provisional degree certificate which was submitted very first time in 2003 would serve the purpose of showing that the spouse had a bachelor degree and that would fetch 4 points under adaptability, the main applicant had obtained 63 points against all categoriess not including the adaptability points.

 

[rupeshhari]

OK. If your cousin qualifies for FSW1 now, then that would be a good direction to go. If not, then mailing them is the only thing he could do. Good luck.

 

[rajnik1976]

this is very unfortunate indeed, ask your cousin to write them and request for re-assesment because this is the only thing he can do however I don't know if there is such system exist in Canadian immigration.

Good luck.

 

[aanbaan]

bad luck..

but, here are the options...

1) write a mail to them including the degree certificate's notaqrised copy. Also ask him to include a fresh copy of degree transcripts and request to re-cnsider. he chances of consideration are low, but they are still present.

2) he can apply for FSW or PNP again parallelly or sequentially to the above...

not much he can do apart from this...

 

[rupeshhari]

http://www.trackitt.com/canada-immigration-trackers/discuss/federal-skilled-workers/1749

 

[aanbaan]

this is great info.. you're a star, Rupesh...

 

[sant_canada]

Guys

The Immi. Officer considered the reassessment request and the final result is approval. Thank you all who wished good.