need help to write reconsideration letter

[skywatcher]

I am writing details of my wife case hope that it will help to find solution.

She applied in federal skill worker programme NOC 4131 to Centralized Intake Office (CIO) in Sydney, Nova Scotia, Canada. July got approval and sent complete application in October 2009 to Islamabad. In December 2009 she got second AOR number. File was transferred to London office in June 2010.

We updated them as we have got two kids.



My wife points calculation when she applied



Education

22 points(she has got B.Sc , B,Ed and PGD all mark sheets and degree certificates had been sent include metric and intermediate)



Work experience

21 points(she was working in college from may 2005 to sep 2009 , detailed experience letter and 12 month pay slips had been sent)



English language

10 points (speaking 4 reading 2 listening 2 writing 2 original IELTS certificate had been sent)



Age

10 points



Adaptability

5 points (I am M.Sc and MBA all educational mark sheets and degree certificates and marriage certificate had been sent)



Now they refuse on basis of experience
they wrote :

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(s) 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 Minister of Citizenship and Immigration and published in the Canada Gazette on November 28, 2008. Your occupation(s) do(es) not correspond to any of the eligible occupations.

You have indicated that you have work experience in (an) occupation(s) with the following NOC (National Occupational Classification) code(s): NOC 4131 - College and other vocational instructor.

Although the NOC code(s) correspond(s) to the occupations specified in the Instructions, the main duties that you listed do not indicate that you performed the actions described in the lead statement for the occupation, as set out in the occupational descriptions of the NOC or that you performed all of the essential duties and a substantial number of the main duties, as set out in the occupational descriptions of the NOC. I am therefore not satisfied that you are a NOC 4131 - College and other vocational instructor.

You have indicated that you have work experience in (an) occupation(s) with the following NOC code(s): NOC 4131 - College and other vocational instructor. Although the NOC code(s) correspond(s) 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(s) 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.


now plz tell me what should i write in reconsideration letter
its 3 weeks passed already
Waiting for reply



Thanks and regards

 

[skywatcher]

plz help me any body reply plz

 

[ali green]

Hi
these rejections are politically motivated so I don't think they will even bother to consider any thing
If it was due to point calculation were they might consider.

I suggest to take them to court if you have the money and time.
Kanamen wrote this on this fourm "REFUSED...........WHAT ARE THE OPTIONS"
God Forbid ,If you get a letter in the mail from Canada Immigration advising you that your application for Canadian immigration was refused, do not panic! You have options.

You may be eligible to Appeal your Canadian Immigration Application Refusal to the Federal Court of Canada within a certain period after you were notified of the refusal by Canada Immigration.
You may be eligible to Appeal your Canadian Immigration Application Refusal to the Immigration Adjudication Division (IAD) within a certain period of after your application was refused by Canada Immigration.
You may be able to make a request for Restoration to the Case Processing Centre (CPC) after being notified if the refusal.

Which option is right for you:

It depends on a number of factors such as the nature of the case. Is it a Skilled Worker Application, Canadian Sponsorship Application or Canadian Work Visa refusal?

And it also depends on where the Canadian immigration application was filed and processed. Was your Canadian immigration application filed within Canada or at a Canadian Consulate or Embassy outside of Canada?
Why did my Canadian Immigration Application get Refused?

Generally refusals for Canadian immigration applications do not just happen. When applications for Canadian immigration are submitted to Canada immigration, an immigration officer is responsible for reviewing the application and making an assessment about whether the application should be approved or denied. The immigration officer has guidelines for making decisions on immigration cases. These guidelines are found in the Immigration Regulations as well as Immigration Manuals.

When applications do not meet the various standards and criteria set out in the Immigration Regulations and Manuals, then the likely result is a refusal. However, in many cases, Canadian immigration officers make mistakes in their decisions. They often are too strict in their interpretation of the guidelines or they simply fail to review all the documentation and information in an application. Sometimes applicants are called for a personal interview and the immigration officer does not believe the applicant is credible or trustworthy.

Whatever the reason for the refusal, it is important to act very quickly once you are notified that your case was denied. You should then seek out a qualified and experienced Canadian immigration lawyer who is licensed. If your case has merit, then an Immigration Appeal should be considere
sourcehttp://www.visaplace.com/canada-immigration/immigration-refusal.php

Canadian Immigration Application Refusal

It can be devastating to learn that your application to reside in Canada has been refused.

Fortunately, you may have recourse. A Canada immigration officer's decision to refuse an application may be challenged if that decision was wrong in fact or in law, or if that decision is not in accordance with the principles of procedural fairness.

Family Class sponsors have an additional recourse. They can ask that a refusal be reversed by raising humanitarian and compassionate considerations.

You may retain our law firm to provide you with a detailed analysis of the refusal decision. We will also advise you as to which remedies may be available to reverse the refusal decision.

If warranted in your particular situation, we can do the following:

Reconsideration letters– If the refusal was based on an error in fact or in law, and/or if that decision was not in accordance with the principles of procedural fairness, write to the Program Manager of the Canadian Visa Office to point out the errors and to request a reconsideration of the refusal decision;

Appeal – Wrongful refusals may, in certain instances, be appealed to the Federal Court of Canada or to the appropriate provincial court or, in the case of family sponsorships, to the Immigration Appeal Division.

http://www.canadavisa.com/canadian-immigration-application-refusal.html

APPEAL OPTIONS (CANADIAN IMMIGRATION)

The formal place that immigration appeals are made is the Federal Court of Canada. Most people choose to be represented by a lawyer at Federal Court.

The Federal Court is a court that has judges who are lawyers. Federal Court is strict, formal and has more complicated procedures. Federal Court involves a two step process. The first step is to file an appeal to get leave which is done by arguing your case by filing documents with no actual appearance at the Federal Court. In order to get leave to appeal you must prove there was a serious mistake made by the visa officer at the interview. If you succeed and get leave, you get the permission of the Federal court to go to step two which is the actual appearance at Federal Court in person to argue the case.

A typical case would be a skilled worker or business (investor, entrepreneur, self-employed) immigration applicant who goes to the interview at the Canadian Consulate or Embassy overseas, meets with a visa officer and fails the interview. The visa officer will issue a rejection letter setting out the reasons for the rejection. The applicant has a limited number of days (60) to respond and file a notice to commence a court action to appeal the case. If you miss the deadline generally you are not able to file an appeal. There are certain special circumstances and legal arguments that can be made that will allow you to continue even if you miss the deadline.

The general procedure for a Federal Court appeal is after the applicant files the Notice to start the action, the Respondent who is Citizenship and Immigration Canada (“CIC”) files an appearance confirming they will oppose the appeal. The applicant receives a copy of the visa officer's files containing documents filed and most importantly a copy of the interview notes made by the visa officer that have been inputted into the government computer. After a review of this material the applicant will file an applicant's court record containing the written argument, photocopies of legal cases and law supporting the argument and the applicant's affidavit that is a written document telling the applicant's story.

The respondent CIC is represented by the Department of Justice (“DOJ”) and they file their argument. The applicant has a chance to respond to the points made by the respondent in the respondent's argument.

If leave is granted the Applicant gets to go to Federal Court to actually argue the case in person. This usually takes approximately 12-18 months from the date of commencing to appeal to get to Federal Court to argue the case in person. If no leave is granted the appeal is ended.

If you fail at Federal Court, you can also appeal to Federal Court of Appeal. If you fail at Federal Court of Appeal, you can also appeal to the Supreme Court of Canada. For both Federal Court of Appeal and Supreme Court of Canada you first must get leave to appeal.

 

[dnyfyn]

Problem is with your work specification letter which i hope can be rectified.

However the issue is about the working hours. They say you have not done a full-time job; is it true?

 

[skywatcher]

thanks for reply every one
things is that my wife was working in a college
and timming is same as in any college in Pakistan that is 0830-1500

 

[nvblue]

I am writing details of my wife case hope that it will help to find solution.

She applied in federal skill worker programme NOC 4131 to Centralized Intake Office (CIO) in Sydney, Nova Scotia, Canada. July got approval and sent complete application in October 2009 to Islamabad. In December 2009 she got second AOR number. File was transferred to London office in June 2010.

We updated them as we have got two kids.



My wife points calculation when she applied



Education

22 points(she has got B.Sc , B,Ed and PGD all mark sheets and degree certificates had been sent include metric and intermediate)



Work experience

21 points(she was working in college from may 2005 to sep 2009 , detailed experience letter and 12 month pay slips had been sent)



English language

10 points (speaking 4 reading 2 listening 2 writing 2 original IELTS certificate had been sent)



Age

10 points



Adaptability

5 points (I am M.Sc and MBA all educational mark sheets and degree certificates and marriage certificate had been sent)



Now they refuse on basis of experience
they wrote :

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(s) 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 Minister of Citizenship and Immigration and published in the Canada Gazette on November 28, 2008. Your occupation(s) do(es) not correspond to any of the eligible occupations.

You have indicated that you have work experience in (an) occupation(s) with the following NOC (National Occupational Classification) code(s): NOC 4131 - College and other vocational instructor.

Although the NOC code(s) correspond(s) to the occupations specified in the Instructions, the main duties that you listed do not indicate that you performed the actions described in the lead statement for the occupation, as set out in the occupational descriptions of the NOC or that you performed all of the essential duties and a substantial number of the main duties, as set out in the occupational descriptions of the NOC. I am therefore not satisfied that you are a NOC 4131 - College and other vocational instructor.

You have indicated that you have work experience in (an) occupation(s) with the following NOC code(s): NOC 4131 - College and other vocational instructor. Although the NOC code(s) correspond(s) 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(s) 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.


now plz tell me what should i write in reconsideration letter
its 3 weeks passed already
Waiting for reply



Thanks and regards

I am from india & ready to write "reconsideration letter" to Local CHCH Visa Officer. Thus, please share me the letter draft format if possible.

My mail id is: nvblue@gmail.com

 

[stalincanada]

hi nvblue,

iam still confused about how to write reconsideration letter to chc please help me.if u know any suggestions plaease send mail to mail id

deepu_bhu@yahoo.com.au

thanks

 

[sameerb]

hi sorry to hear can u send me your refrence letter i have seen so many 4131 cases get clr after rejection sameer akumarzzzz@gmail.com 9873673783

 

[SandySurrey]

Hi ,

Sorry to hear about your wife rejection

I think the reason why the visa officer rejected your wife case is

1) 4131 is not listed in there current occupation list.

2) 4131 needs a high proficiency in English , going through with the IELTS score of yours wife , it seems she has moderate command .

Don't take it negative but they are trying to reduce the pre June backlog by hook or crook.

The best options are you can always send a reconsideration letter or judicial review appeal

 

[starme]

thanks for reply every one
things is that my wife was working in a college
and timming is same as in any college in Pakistan that is 0830-1500

plz tell me one thing, do u have caips with u?

plz be clear about one thing, they will not consider any letters frm ur side. so kindly dont waste ur time.

 

[sameerb]

plz tell me one thing, do u have caips with u?

plz be clear about one thing, they will not consider any letters frm ur side. so kindly dont waste ur time.

I KNOW SO MANY CASES GET CLR AFTER REJECTION SPECIALLY DUE TO JOB DUTIES ONE CASE PROFESSIOR REJECTED APPEAL CALL FOR INTERVIEW GET CLR LANDED IN CANADA DEC 2011 I MET HIM MAKE CHANGES IN HIS LETTER AND GO THROUGH.

 

[shahidlatif]

I KNOW SO MANY CASES GET CLR AFTER REJECTION SPECIALLY DUE TO JOB DUTIES ONE CASE PROFESSIOR REJECTED APPEAL CALL FOR INTERVIEW GET CLR LANDED IN CANADA DEC 2011 I MET HIM MAKE CHANGES IN HIS LETTER AND GO THROUGH.

Sameerb

Two days my case was rejected due to mismatch of job duties. I am quite confident that my job duties covered substantial duties mentioned for my NOC. Could you please guide how should i go for re-assessment. Add an updated letter from Employer, should I send them an email, or send a letter to them.

Please reply

 

[starme]

this guy will help u writing a formal letter.

http://www.canadavisa.com/canada-immigration-discussion-board/formal-letter-compilation-t103889.0.html;msg1443203#msg1443203


tc.

I am writing details of my wife case hope that it will help to find solution.

She applied in federal skill worker programme NOC 4131 to Centralized Intake Office (CIO) in Sydney, Nova Scotia, Canada. July got approval and sent complete application in October 2009 to Islamabad. In December 2009 she got second AOR number. File was transferred to London office in June 2010.

We updated them as we have got two kids.



My wife points calculation when she applied



Education

22 points(she has got B.Sc , B,Ed and PGD all mark sheets and degree certificates had been sent include metric and intermediate)



Work experience

21 points(she was working in college from may 2005 to sep 2009 , detailed experience letter and 12 month pay slips had been sent)



English language

10 points (speaking 4 reading 2 listening 2 writing 2 original IELTS certificate had been sent)



Age

10 points



Adaptability

5 points (I am M.Sc and MBA all educational mark sheets and degree certificates and marriage certificate had been sent)



Now they refuse on basis of experience
they wrote :

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(s) 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 Minister of Citizenship and Immigration and published in the Canada Gazette on November 28, 2008. Your occupation(s) do(es) not correspond to any of the eligible occupations.

You have indicated that you have work experience in (an) occupation(s) with the following NOC (National Occupational Classification) code(s): NOC 4131 - College and other vocational instructor.

Although the NOC code(s) correspond(s) to the occupations specified in the Instructions, the main duties that you listed do not indicate that you performed the actions described in the lead statement for the occupation, as set out in the occupational descriptions of the NOC or that you performed all of the essential duties and a substantial number of the main duties, as set out in the occupational descriptions of the NOC. I am therefore not satisfied that you are a NOC 4131 - College and other vocational instructor.

You have indicated that you have work experience in (an) occupation(s) with the following NOC code(s): NOC 4131 - College and other vocational instructor. Although the NOC code(s) correspond(s) 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(s) 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.


now plz tell me what should i write in reconsideration letter
its 3 weeks passed already
Waiting for reply



Thanks and regards

 

[Alwani]

Dear All,

Please share with me your letter my email is akberalwani @ gmail.com