NER: An Unfair Asseseement..Please take a look

[kan2008]

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.

 

[Canada-here we come]

Wow!

Firstly , what did you apply for?
secondly, did you submit all transcripts and certificates for both degrees?

U obviously are not married, else you would definitly have gotten some points from there.

U can appeal ...never give up unless all hope is lost

send them a faxed letter explaining your degrees and ask them to reconsider...

All the best

 

[thebeast184]

We have discussed this one hundred times and you have created several threads on the same issue.... You already sent communication to CIO from what I read on your past posts, have some patience. Wait and see. Try to be consisten and keep posting on same threads instead of creating a new one each time. It will help keep our forum organized.

Rod

 

[zulkfal]

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]

We have discussed this one hundred times and you have created several threads on the same issue.... You already sent communication to CIO from what I read on your past posts, have some patience. Wait and see. Try to be consisten and keep posting on same threads instead of creating a new one each time. It will help keep our forum organized.

Rod

Sorry....but i just want to share....

 

[kan2008]

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.

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.

 

[Pippin]

I am no expert, but I agree that this should have been 22 points for education. I don't recall ANYTHING about having education according to Canadian standards, rather they are evaluated against the standards of the country where they were earned, and I will try to figure out WHY I think that....ALWAYS SO NICE to have something whirring around one's head before going to bed!!!

 

[Pippin]

And then there are times when I amaze myself! I hope this helps. GOOD LUCK!
Went straight to OP 6 Manual http://www.cic.gc.ca/english/resources/manuals/op/op06-eng.pdf
There on pg 14 under EDUCATION it clearly states:
"Educational credential” is defined in R73 as any diploma, degree or trade or apprenticeship
credential issued on the completion of a program of study or training at an educational or
training institution recognized by the authorities responsible for registering, accrediting, supervising and regulating such institutions in the country of issue.

 

[angelpot]

hi everyone,

well for my opinion you can appeal..pls. look and consult a good lawyer, you also mention you had arranged employment so definitely you got to ask them why no points given? aside from your education they have to consider your arrange employment. YEs for me this is unfair..sorry for that. but do not loose hope anything is possible keep on praying and he'll guide you. Go for what you think is right ! You can definitely win this case I bet... aacdg. to Canadian immigration Law you have the rigth to appeal and points system are not the basis if you can be econimically established in Canada for only 1 point away...immigration has to evaluate that again..

 

[Mezo2009]

Dear All,

I think our basis of refusal of our friend application and awarding him 20 instead of 22 is not because of accreditation. It's simply because his bachelor degrees are two years each not four. Only four year bachelor degree is considered for 22 if he has two degrees.

Refer to 12.2 of OP6 which reads:
2. If an applicant has a four-year bachelor‘s degree and 16 years of education, an officer would award 20 points, as a single two, three, or four-year university credential at the bachelor‘s level, combined with at least 14 years of full-time study, is worth 20 points.

Cheers
Mezo

 

[Drooza]

Go for Appeal you should have 22 points instead of 20 points, belive me i have my friend refusal his education in just ten years he got 22 points then why not you, he is welder got refused due to lack of points in ielts, if you need this refusal i can send you put it in your appeal i hop you can win good luck.

 

[Drooza]

what is you noc ? and when did you applied?

 

[kan2008]

what is you noc ? and when did you applied?

CODE: 4152.

The problem is: We all here doing brain storming just becasue the officer did not provide RATIONALE of the decision. I am waiting for the reason from the Sydney Nova Scotia. If they would just write the reasion they could eliminate all of the confusion and i would be in position to prepare the file better next time.

 

[linksalman]

Hey Can...

When your application was recieved to CIO? at what stage it got rejected?

Regards,
Salman

 

[kan2008]

Hey Can...

When your application was recieved to CIO? at what stage it got rejected?

Regards,
Salman

Received File: March 11, 2011