need Your Help

[shahyan]

Dear friends

I have joind This forum today. I need your helps especially seniors and experts.

I have refused for permanent resident in Canada by Canadian high commission Islamabad
Pakistan two times.

1st time I appeared in interview on 23rd Feb 2000. I had applied as skilled worker Computer programmer (NOC) .But refused by Canadian high commission on following grounds. I quote refusal letter paragraph here:

“I have now completed the assessment of your application and regret to inform you that it has been determined that you do not meet the requirements for immigration to Canada.
Pursuant to section 8(1) of the immigration regulation 1978 independent application in the class in which you have applied are assessed on the basis of age, education, occupational demand, vocational preparation, experience, arranged employment or designated occupation, Canadian demographic factors, knowledge of the English and French languages and personal suitability. Based on the information provided in your application form and at your interview, you were assessed against the requirement for Computer operator (NOC 1421)


The units of assessment you have been awarded for each of the selection criteria are:
Age (31) 10
Occupational factor 01
ETF 05
Experience 04
A.R.E 00
Demographic Factor 08
Education 15
English 09
French 00
Bonus 00
Suitability 00

Total 52


2nd time I appeared in interview in Sep 30, 2002 applied as Computer programmer
(NOC) But when I applied 2nd time, I did not mention about my 1st refusal and I hide that information in Form as well as during the interview I again hide this information despite of asking immigration officer that you have applied before for immigration to Canada. So second time I refused again by Canadian High Commission Islamabad under subsection 40(1) of the immigration and refugee protection Act states that a foreign national is a inadmissible for misrepresentation (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce on error in the administration of this act.

Immigration officer wrote “As a result, you are inadmissible to Canada for a period of two years from the date of this letter. Subsection 11(1) of the act requires that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.

Now I want to apply again for permanent resident of Canada. I want to share following information with you. With this hope you will guide me completely so that I take further step .

Now a days I am working as a Manager I.T in local organization (Textile sector)
My qualification is MBA ( MIS)
Maried


Can I apply again Under NOC 0213 With family.

Yours good advises enable me to take descision.

Shahyan

 

[alice_chained]

Man yo ucan try to apply again, but i really dunno cause you didn't tell them the truth about your refusal the second time that you applied.

My advise is that you apply, and be honest this time around and hope for the best. I really don't know about what chances you have, since you have been denied for misrepresentation, this is a pretty big refusal. But none the less there's no harm in trying again, you never know what cann happen in life. Worst case is that you'll get declined again and get a refund, best case is that you may actually get the visa.

 

[aanbaan]

you can re-apply...

but, do mention all your previous attempts... take services of a good lawyer if you are unsure

 

[shahyan]

thanks for your reply.

Pls guide some one in detail ,who can spare some time for me

 

[shahyan]

After study my above case, it is possible i apply without my family and see what happen, if Sydney Intake office accept my application for further assessment under 38 Categories list , then i can submit my application in local office including my spouse and kids form too.

Pls advise

 

[alice_chained]

Why don't you include them from the beginning?

It doesn't make sense that you exclude them from the beginning, unless you have fund problems, remeber that you will have to mention that you have enough to cover your family in terms of funds when applying to the visa office, if you omit them in Sydney.

 

[shahyan]

thnks for your reply

can you explain , how visa officer assess my case in view of previous refusal just only disclouser of my previous refusal.?

 

[aanbaan]

it is up to the visa officer... as such since they have mentioned that you will not be considered for 2 years and those 2 years have passed, I think you may have a chance.

you better speak the truth this time around...

 

[vamsi001]

Shahyan, sorry about your case but all hope is not lost. The downfall of a man is not the end of his life.
You can re-apply if the 2years exlusion period has passed. The IO would not judge you with your previous history but this time around you need to tell them the whole truth, nothing but the TRUTH. Tell them exactly why you did not mention your first refusal, maybe you were scared or whatever reason (But tell them the reason why). You don't necessarilly need to use a lawyer but if you can afford one go for it. Check the NOC list and chose the best that describes your profession. Believe you me, the officer might even decide not to call you for interview this time around and may approve your application if and only if you tell them the whole truth.
***This is my opinion***

 

[shahyan]

Thanks for prompt reply

can any one help me about presentation of my expereince period.
I am working in private sector since 1990 in IT department with same employeer.
My work experience history detail is here.

From 1990 to 1994 Computer Operator
From 1994 to 2003 Computer Programmer
From 2003 to 2005 System administrator
From 2005 to Date Manager IT

These above period is arround 19 years.

Whether i should mentioned whole period i.e 19 years as per above designation or i will have to mentioned only 10 years experience out of 19 years experience with same employer with detail job description. I suppose to be mentioned from Computer programer to IT manager.

I have also worked with an organization as a freelance programer from 1995 to 1997, whether i should mentioned this experience also and aquire seperate experience letter from that employer for this specific period

Plz help