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NER: An Unfair Asseseement..Please take a look

zulkfal

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Sep 28, 2009
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kan2008 said:
According to guide..they have this group which assign 22 points
GUIDE: "Two or more university degrees at the Bachelor's level AND at least 15 years of full-time or full-time equivalent study". 22 Points.

I have 2 degess BA (2 years) + LLB (3years) + 12 Years of Schooling=17 Years..

And also they did not say anything about Canadian gratuation equilllenat etc.....in the guide

I understand ther might be a reson but they at least provide the RATIONAL of decision. within the assessment i do not see any RATIONAL/DISCLOSURE of the decision...which is vey unfair.
you missed the whole point, 2 years BA is not recognized as equivalent of Western BA. Check UoT, UW, York, Queens international credential equivalent for undergraduate admission. Equivalence of education qualification has global standards set by an authority, this authority have member universities from all over the world, approx all public universities are member of this society. Other credential assessment services (i.e. govt or private) follow the standards set by above mentioned group.

Canadian authorities are rational for their interest, if they accept your point then lawyers with LLB in 12+2+3=17 years will be competing with Canadian JD holders who spent 12+4+4(or 3 at some school)=19 or 20.
 

kan2008

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Feb 26, 2008
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4152
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March, 08, 2013, Received April 08, 2013
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Might be the reason but they should at least provide the RATIONALe of the decision which is contrary to the claim-of-points i had made in the application. The RATIONAl could eleiminate the confusion.

zulkfal said:
you missed the whole point, 2 years BA is not recognized as equivalent of Western BA. Check UoT, UW, York, Queens international credential equivalent for undergraduate admission. Equivalence of education qualification has global standards set by an authority, this authority have member universities from all over the world, approx all public universities are member of this society. Other credential assessment services (i.e. govt or private) follow the standards set by above mentioned group.

Canadian authorities are rational for their interest, if they accept your point then lawyers with LLB in 12+2+3=17 years will be competing with Canadian JD holders who spent 12+4+4(or 3 at some school)=19 or 20.
 

kan2008

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Feb 26, 2008
320
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Visa Office......
London
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4152
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Pre-Assessed..
App. Filed.......
March, 2011
AOR Received.
July 14, 2011
File Transfer...
August 14, 2011
Med's Request
March, 08, 2013, Received April 08, 2013
Med's Done....
March 26, 2013
Interview........
Feb 04, 2013
Passport Req..
PPR1: September 02, 2013, PPR2: October 30, 2013
VISA ISSUED...
12-November, 2013
They accepted my request for a review.

The office must assign 22 points. Becasue to get admission in LLB (Law) you must have pre-requisite of BA or Bsc which is first-level degree.
What i got after reading the mannual. If i got it right? The mannual saying the same thing in colors.


http://www.cic.gc.ca/english/resources/manuals/op/op06-eng.pdf

Mannual: "Medical doctor degrees are generally first-level university credentials, in the same way that a
Bachelor of Law or a Bachelor of Science in Pharmacology is a first level, albeit “professional” degree
and should be awarded 20 points. If it is a second-level degree and if, for example, it belongs to a
Faculty of Graduate Studies, 25 points may be awarded. If a bachelor's credential is a prerequisite to
the credential, but the credential itself is still considered a first-level degree, then 22 points would be
appropriate.
It is important to refer to how the local authority responsible for educational institutions
recognizes the credential: i.e., as a first-level or second-level or higher university credential".

"12.2. Education
For definition of terms, see Section 6.3.
Officers should assess programs of study and award points based on the standards that exist in
the country of study. The Regulations do not provide for comparisons to Canadian educational
standards......."

Did i get it right?
 

zulkfal

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Submitted with Doc's
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22/12/2009
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04/05/2011 (Dated: 24/04/2011)
Med's Done....
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08/07/2011
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07-08-2011
The point I raised was that 2 years BA is not equal to a Bachelor degree in Canada, US, EU, & AUS-NZ. But if its observed from exit country then you are right.
 

kan2008

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Feb 26, 2008
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Med's Done....
March 26, 2013
Interview........
Feb 04, 2013
Passport Req..
PPR1: September 02, 2013, PPR2: October 30, 2013
VISA ISSUED...
12-November, 2013
zulkfal said:
The point I raised was that 2 years BA is not equal to a Bachelor degree in Canada, US, EU, & AUS-NZ. But if its observed from exit country then you are right.
They are clearly saying in the mannual that "The Regulations do not provide for comparisons to Canadian educational
standards
."

I do not think there is any confusion left!

Do you guys think i should point out these points in another e-mail to them?
 

haral

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Apr 12, 2010
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OP6 mentions that educational qualifiations will be assessed as per the rules and regulationf of the country degree originates from...VO cant compare ur qualifications to canadian for points allocation...

zulkfal said:
Two Scenarios:

1st:

you have 12 years of schooling + 4 years undergrad + LLB, then your appeal might be considered

2nd Scenario:

Length of your BA? if 2 years,

then it is not equivalent of Canadian BA which is a four year program. So no points here,
next comes LLB which is a 3 years program, but equivalent of professional undergrad degree therefore assessment is right 20 points.

You don't have two undergraduate degrees which are Canadian equivalent. You will get similar reply from CIO if this scenario holds, your rejection is fair and according to the rules mentioned by officer. (In Canada for JD which is similar to LLB, potential applicants need 16 years of education to be eligible for admission)

if your education follow this pattern still decision from CIO officer will be uphold by any court

You have 12 years of schooling + 3 years to get undergrad + LLB (20 points)

except you have

British Schooling like A-levels+3 years of undergrad+LLB then you can get 22 points.
 

kan2008

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Feb 26, 2008
320
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Visa Office......
London
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4152
Job Offer........
Pre-Assessed..
App. Filed.......
March, 2011
AOR Received.
July 14, 2011
File Transfer...
August 14, 2011
Med's Request
March, 08, 2013, Received April 08, 2013
Med's Done....
March 26, 2013
Interview........
Feb 04, 2013
Passport Req..
PPR1: September 02, 2013, PPR2: October 30, 2013
VISA ISSUED...
12-November, 2013
haral said:
OP6 mentions that educational qualifiations will be assessed as per the rules and regulationf of the country degree originates from...VO cant compare ur qualifications to canadian for points allocation...
Yes, you are right!. They have accepted my request for review. Let's see!
 

angelpot

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Oct 28, 2010
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thats awesome, !!! ken2008 Goodluck on your next step...you will be considered ok...you mention you had arranged employment is that correct?
 

SASIF

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Jul 9, 2009
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kan2008 said:
Yes, you are right!. They have accepted my request for review. Let's see!
I would advise you to take full advantage of this opportunity and give your IELTS again. You might get 1 more point there.
 

kochi

Star Member
Jun 6, 2011
184
2
kan2008 said:
Dear Friends:

Below is assessment of my application. Please take a look and let me know did the officer mention anywhere why 22 points were not assigned despite the fact that i have 2 bachelors degrees (BA + LLB) and total 17 years of education.

Thanks


Dear XXXXXXX:



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 10 10

Education 20 25
language 10 24

Employment 0 10

Experience 21 21

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 maximum points for Age and Work Experience.



You were assigned 20 points for your educational credential at the Bachelor Degree level. Why 20 Points????


You were assigned 10 points for your official language proficiency. This assessment was based upon the language results on file. No points were assigned for your second official language.



No points were assigned for arranged employment.



Five points were assigned for adaptability for a Relative in Canada.



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.



Thank you for the interest you have shown in Canada.







AQS

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.
Sorry for your NER. I want to know from you Which stage did you receive letter?? I am seeing address of CIO, normally VO office issued this type of letter. Did you receive positive eligibility mail from CIO at first stage?? Please reply to me. Hope for the best. I am sure you will get positive news from CIO.
 

kan2008

Hero Member
Feb 26, 2008
320
7
Category........
Visa Office......
London
NOC Code......
4152
Job Offer........
Pre-Assessed..
App. Filed.......
March, 2011
AOR Received.
July 14, 2011
File Transfer...
August 14, 2011
Med's Request
March, 08, 2013, Received April 08, 2013
Med's Done....
March 26, 2013
Interview........
Feb 04, 2013
Passport Req..
PPR1: September 02, 2013, PPR2: October 30, 2013
VISA ISSUED...
12-November, 2013
Thanks.

At first stage of elligibility assessment from CIO office nova scotia they refused on insuffiuceint points basis (Which i request them to review again as they had an error in their assessment)
 

kochi

Star Member
Jun 6, 2011
184
2
Thanks for your reply. Before point calculated by VO. Did you get any news from CIO? Please inform to us.What is your NOC?
 

kan2008

Hero Member
Feb 26, 2008
320
7
Category........
Visa Office......
London
NOC Code......
4152
Job Offer........
Pre-Assessed..
App. Filed.......
March, 2011
AOR Received.
July 14, 2011
File Transfer...
August 14, 2011
Med's Request
March, 08, 2013, Received April 08, 2013
Med's Done....
March 26, 2013
Interview........
Feb 04, 2013
Passport Req..
PPR1: September 02, 2013, PPR2: October 30, 2013
VISA ISSUED...
12-November, 2013
kochi said:
Thanks for your reply. Before point calculated by VO. Did you get any news from CIO? Please inform to us.What is your NOC?
No did not get any news from CIO, waiting for their reply impatienly to fix the error. My NOC is 4152.
 

kochi

Star Member
Jun 6, 2011
184
2
Thanks for your reply. My NOC is 4152. Where is your VO. I applied January-2011, Received PER- 30th of March-2011. Now my e-cas Received by visa office from 20th of April-2011. I am worried about further processing. Please pray for me.

Thanks again.