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NER: An Unfair Asseseement..Please take a look

sho78

Hero Member
Sep 25, 2010
939
25
Category........
Visa Office......
London
NOC Code......
3112
Job Offer........
Pre-Assessed..
App. Filed.......
8-7-2011 (recieved by CIO), CC charged on 16-Aug
Doc's Request.
Sent with the application
AOR Received.
PER received 29th Sept
IELTS Request
Sent with the application
Med's Request
07-03-2012
Med's Done....
12-03-2012, Recd by VO on 16-03-2012, Medical received line added 24-04-12
Passport Req..
14-May-2012
VISA ISSUED...
17-06-2012
kan2008 said:
PER=Positive Eligibillty Review
NER=Negative Eligibility Review
:D
Congratz Kan2008, please can you guide what steps you hhave taken to appeal their deceision please.
 

sho78

Hero Member
Sep 25, 2010
939
25
Category........
Visa Office......
London
NOC Code......
3112
Job Offer........
Pre-Assessed..
App. Filed.......
8-7-2011 (recieved by CIO), CC charged on 16-Aug
Doc's Request.
Sent with the application
AOR Received.
PER received 29th Sept
IELTS Request
Sent with the application
Med's Request
07-03-2012
Med's Done....
12-03-2012, Recd by VO on 16-03-2012, Medical received line added 24-04-12
Passport Req..
14-May-2012
VISA ISSUED...
17-06-2012
sho78 said:
Congratz Kan2008, please can you guide what steps you hhave taken to appeal their deceision please.
Can you please tell us how did you appeal against their decision.
if anybody else knows this procedure please share.
 

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
e-mail them. at the Nova Scotia office, and explain your concern over the decision. and more immportant ATTENTION: <TO THE CONCERNED OFFICER>

sho78 said:
Can you please tell us how did you appeal against their decision.
if anybody else knows this procedure please share.
 

listener

Star Member
Aug 23, 2010
107
1
Rawalpindi Pakistan
Category........
Visa Office......
London
NOC Code......
1122
Job Offer........
Pre-Assessed..
App. Filed.......
03-09-2010
AOR Received.
22-12-2010
File Transfer...
12-04-2011 (Current Status: In Process)
Med's Request
Waiting
kan2008 said:
According to my experience if CIO makes error they realy consider your request for a review. But you must have solid grounds to make request for a review. In my case they made error as I had 2 bachelors degrees and 17 years of education and CIO had assiigned me 20 points instead 22. I referenced manaul available at immigration CIC wesite and acording to the manual i deserved 22 points NOt 22 in education.
Dear Khan
I need your guidance and support regarding our immigration refusal.

My husband applied for Canadian immigration under the category FSW1 and NOC 1122 in September 2010. Our case got approved by CIO and was sent to London visa office in December 2010.

Now we have received a refusal letter due to insufficient points from the visa officer BUT he has made a mistake in calculating the points.

Following is our point’s descriptions by the visa officer:
Age 10
Education 22
Experience 21
Language 9
Adaptability 4
Total 66

Now the problem is that my husband has 18 years of education and he was suppose to get 25 points for that, but unfortunately the visa officer seems like he is unable to understand the meaning of MS degree.

My husband has following university degrees:
1. BA (equivalent to 14 years of education)
2. MBA (equivalent to 16 years of education)
3. MCS (equivalent to 16 years of education)
4. MS in Computer Science (equivalent to 18 years of education)

Admission into MS is grated after the completion of 16 years of education. It is stated on the respective university and Higher Education Commission (HEC) websites also.

Visa officer mistakenly thought that my husband has 3 degrees equivalent to 16 years of education whereas my husband has two 16 years degrees and one 18 years degree and deserves 25 points for that. Then our total would be 69 points.

Please advise me what should we do about that? I will be very obliged to you for that.
 

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
Hi:

I suppose you are RIGHT. They did make a mistake. But you have to prove that he had completed at least 17 years of education. I do not know but the mostly Master degree is 16 years of education. Does he posses any Master degree which is more than 2 years. If he has any master degree of more than 3 years then you HAVE a strong point to request them for a review.

Immediately fax, email and use all methods for a REQUEST. And clealy mention that they had an error in assigning the points. And explain everything in bullets (points 1, 2 , 3....) if you have any reference like HEC as you told aslo quote it (provide them the URL the HEC website).

And most important address to the officer sent you the letter.

Good luck!

listener said:
Dear Khan
I need your guidance and support regarding our immigration refusal.

My husband applied for Canadian immigration under the category FSW1 and NOC 1122 in September 2010. Our case got approved by CIO and was sent to London visa office in December 2010.

Now we have received a refusal letter due to insufficient points from the visa officer BUT he has made a mistake in calculating the points.

Following is our point's descriptions by the visa officer:
Age 10
Education 22
Experience 21
Language 9
Adaptability 4
Total 66

Now the problem is that my husband has 18 years of education and he was suppose to get 25 points for that, but unfortunately the visa officer seems like he is unable to understand the meaning of MS degree.

My husband has following university degrees:
1. BA (equivalent to 14 years of education)
2. MBA (equivalent to 16 years of education)
3. MCS (equivalent to 16 years of education)
4. MS in Computer Science (equivalent to 18 years of education)

Admission into MS is grated after the completion of 16 years of education. It is stated on the respective university and Higher Education Commission (HEC) websites also.

Visa officer mistakenly thought that my husband has 3 degrees equivalent to 16 years of education whereas my husband has two 16 years degrees and one 18 years degree and deserves 25 points for that. Then our total would be 69 points.

Please advise me what should we do about that? I will be very obliged to you for that.
 

kochi

Star Member
Jun 6, 2011
184
2
You applied in September -2010 that means post June, I am confused because CIO has calculated your score at first stage when your score is equal to or greater than pass mark then forwarded to the visa office for further processing, How they calculate less than 67?? Where is the gap?

In cic guideline mentioned that for '' the application received on or after June 26,2010 If applicant's total score is equal to or grater than the pass mark then then CIO officer will forward the entire application to the visa office identified by the applicant on the IMM 0008 for a selection decision''. You can write to the visa officer who calculated your points. When did you receive your letter? Really very sad.

Hope for the best.

listener said:
Dear Khan
I need your guidance and support regarding our immigration refusal.

My husband applied for Canadian immigration under the category FSW1 and NOC 1122 in September 2010. Our case got approved by CIO and was sent to London visa office in December 2010.

Now we have received a refusal letter due to insufficient points from the visa officer BUT he has made a mistake in calculating the points.

Following is our point's descriptions by the visa officer:
Age 10
Education 22
Experience 21
Language 9
Adaptability 4
Total 66

Now the problem is that my husband has 18 years of education and he was suppose to get 25 points for that, but unfortunately the visa officer seems like he is unable to understand the meaning of MS degree.

My husband has following university degrees:
1. BA (equivalent to 14 years of education)
2. MBA (equivalent to 16 years of education)
3. MCS (equivalent to 16 years of education)
4. MS in Computer Science (equivalent to 18 years of education)

Admission into MS is grated after the completion of 16 years of education. It is stated on the respective university and Higher Education Commission (HEC) websites also.

Visa officer mistakenly thought that my husband has 3 degrees equivalent to 16 years of education whereas my husband has two 16 years degrees and one 18 years degree and deserves 25 points for that. Then our total would be 69 points.

Please advise me what should we do about that? I will be very obliged to you for that.
 

listener

Star Member
Aug 23, 2010
107
1
Rawalpindi Pakistan
Category........
Visa Office......
London
NOC Code......
1122
Job Offer........
Pre-Assessed..
App. Filed.......
03-09-2010
AOR Received.
22-12-2010
File Transfer...
12-04-2011 (Current Status: In Process)
Med's Request
Waiting
We received first PER on 22nd December 2010 from CIO Sydney and file was transferred to London for further processing.

On 13th June 2011 we received a letter from London Visa office stating that all my husband’s degrees are of 16 years as they require 14 years of pre education. Here visa officer made the mistake.

We have already sent them reconsideration request a month ago with letters from university and HEC stating that applicant has 18 years of education. So they should award him 25 points for education.

There has been no reply or any comment from visa office so far. It seems as if they are not bothered about their own mistakes. They must realize that their decisions affect the lives of people.

Can you please tell me the possible means of contacting the London visa office with contact numbers etc. We have emailed them and also sent them postal letter but no reply at all. What is the next thing that we can do?
 

kochi

Star Member
Jun 6, 2011
184
2
listener said:
Really very sad & unfair reject your file at that stage. You can appeal though any lawyer. Did you show all Master's degree? What is showing your ecas status? Off course it is mistake by Visa officer. I applied on January -2011 & received PER on 30th of March-2011. Current ecas is showing received by visa office. I have completed three years Bachelor then two years Master's. I am not sure what will be my future? Please let me know your update.

Hope for the best.


We received first PER on 22nd December 2010 from CIO Sydney and file was transferred to London for further processing.

On 13th June 2011 we received a letter from London Visa office stating that all my husband's degrees are of 16 years as they require 14 years of pre education. Here visa officer made the mistake.

We have already sent them reconsideration request a month ago with letters from university and HEC stating that applicant has 18 years of education. So they should award him 25 points for education.

There has been no reply or any comment from visa office so far. It seems as if they are not bothered about their own mistakes. They must realize that their decisions affect the lives of people.

Can you please tell me the possible means of contacting the London visa office with contact numbers etc. We have emailed them and also sent them postal letter but no reply at all. What is the next thing that we can do?
 

kochi

Star Member
Jun 6, 2011
184
2
Sorry for reject from VO. If you want you can appeal because CIO gave to PER by Post June-2011. As per post june rule CIO can reject file for insufficient points. Please read OP-06 there every things including. What is showing your e case status. Did he include all master's degree? Normally they count only one degree. Please let know your further steps.

Hope for the best.

kochi



listener said:
We received first PER on 22nd December 2010 from CIO Sydney and file was transferred to London for further processing.

On 13th June 2011 we received a letter from London Visa office stating that all my husband's degrees are of 16 years as they require 14 years of pre education. Here visa officer made the mistake.

We have already sent them reconsideration request a month ago with letters from university and HEC stating that applicant has 18 years of education. So they should award him 25 points for education.

There has been no reply or any comment from visa office so far. It seems as if they are not bothered about their own mistakes. They must realize that their decisions affect the lives of people.

Can you please tell me the possible means of contacting the London visa office with contact numbers etc. We have emailed them and also sent them postal letter but no reply at all. What is the next thing that we can do?
 

listener

Star Member
Aug 23, 2010
107
1
Rawalpindi Pakistan
Category........
Visa Office......
London
NOC Code......
1122
Job Offer........
Pre-Assessed..
App. Filed.......
03-09-2010
AOR Received.
22-12-2010
File Transfer...
12-04-2011 (Current Status: In Process)
Med's Request
Waiting
We have already sent them reconsideration request along with following letters
1. Letter from COMSATS (degree awarding university)
2. Equivalence letter from HEC
Both the letters state that the eligibility criterion for Master of Science is 16 years of education; therefore after the completion of MS the total year of education is 18. (I wonder why visa officer is dump enough not understand a simple equation 16+2= 18 = 25 point)
Please visit the following two links

http://ciit-atd.edu.pk/CS/ms_admission_requirements.htm
http://www.hec.gov.pk/InsideHEC/Divisions/QALI/QualityAssurance/QADivision/Documents/MPHILPhdCriteria.pdf

London visa office received this request on 27th June 2011 but still no reply from them.

We would defiantly go to the federal court for appeal.

We received our NER letter on 13th June 2011 and date on letter is 1st June 2011.

If we consider the letter date than our two months period for appeal would end on 31st July 2011

That means we only have 6 days to apply to the federal court. Is that correct?

Should we wait for the reply from visa office or should we go to the court?

Ecase shows "Decision Made"
 

kochi

Star Member
Jun 6, 2011
184
2
Thanks for your reply. You should go to federal court as early as possible. One thing is clear in cic guideline, If you have completed four years Bachelor followed by one year Masters it will be calculate 25 points another completed three years Bachelor then two years Masters that total 17 years or PHD. You have strong option is CIO gave positive determination. Hope for the best. Where is your native country? I have completed three years Bachelor then two years masters, hope visa office count 25 points after read your case feeling tensed.

Regards.


listener said:
We have already sent them reconsideration request along with following letters
1. Letter from COMSATS (degree awarding university)
2. Equivalence letter from HEC
Both the letters state that the eligibility criterion for Master of Science is 16 years of education; therefore after the completion of MS the total year of education is 18. (I wonder why visa officer is dump enough not understand a simple equation 16+2= 18 = 25 point)
Please visit the following two links

http://ciit-atd.edu.pk/CS/ms_admission_requirements.htm
http://www.hec.gov.pk/InsideHEC/Divisions/QALI/QualityAssurance/QADivision/Documents/MPHILPhdCriteria.pdf

London visa office received this request on 27th June 2011 but still no reply from them.

We would defiantly go to the federal court for appeal.

We received our NER letter on 13th June 2011 and date on letter is 1st June 2011.

If we consider the letter date than our two months period for appeal would end on 31st July 2011

That means we only have 6 days to apply to the federal court. Is that correct?

Should we wait for the reply from visa office or should we go to the court?

Ecase shows "Decision Made"
 

listener

Star Member
Aug 23, 2010
107
1
Rawalpindi Pakistan
Category........
Visa Office......
London
NOC Code......
1122
Job Offer........
Pre-Assessed..
App. Filed.......
03-09-2010
AOR Received.
22-12-2010
File Transfer...
12-04-2011 (Current Status: In Process)
Med's Request
Waiting
Thanks a lot for Replying.
My husband has
2 years of Bachelor
2 years of MBA
2 years of Masters of Computer Science (MCS)
2 years of Masters of Science in Computer Science MSCS(this is 18 years completion)

We are from Rawalpindi, Pakistan. May I know where are you from?

We will talk to an immigration lawyer on Monday and if he says go to the federal court, we sure will.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi

listener said:
Thanks a lot for Replying.
My husband has
2 years of Bachelor
2 years of MBA
2 years of Masters of Computer Science (MCS)
2 years of Masters of Science in Computer Science MSCS(this is 18 years completion)

We are from Rawalpindi, Pakistan. May I know where are you from?

We will talk to an immigration lawyer on Monday and if he says go to the federal court, we sure will.
The most points for education he will get is 22. As he has his bachelors, 14 years and then a 2 year MBA = 16 years of education. For 25 points he would have required 17 years of education. They don't keep piling up the years of education.
 

noolan

Star Member
Apr 1, 2009
195
2
Dear kan2008,

how did you contact them? did your email them, or you called them? I am dealing with almost the same issue re my brothers application. I am in Canada and would like to take it to any court/ or to any level because my brother was not awarded my 5 points. I am his representative, submitted copies of my PR card, landing papers, my passport, FORM B etc to show that I am his brother....but he was not awarded 5 points and was refused......
kindly tell me how did you contact them?



kan2008 said:
Hi:

I suppose you are RIGHT. They did make a mistake. But you have to prove that he had completed at least 17 years of education. I do not know but the mostly Master degree is 16 years of education. Does he posses any Master degree which is more than 2 years. If he has any master degree of more than 3 years then you HAVE a strong point to request them for a review.

Immediately fax, email and use all methods for a REQUEST. And clealy mention that they had an error in assigning the points. And explain everything in bullets (points 1, 2 , 3....) if you have any reference like HEC as you told aslo quote it (provide them the URL the HEC website).

And most important address to the officer sent you the letter.

Good luck!
 

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
E-mail them at: FSW-Sydney-Search-Enquiry@cic.gc.ca - and explain them.

It would be better if you provide the birth certificates for you and your brother.

Good Luck

noolan said:
Dear kan2008,

how did you contact them? did your email them, or you called them? I am dealing with almost the same issue re my brothers application. I am in Canada and would like to take it to any court/ or to any level because my brother was not awarded my 5 points. I am his representative, submitted copies of my PR card, landing papers, my passport, FORM B etc to show that I am his brother....but he was not awarded 5 points and was refused......
kindly tell me how did you contact them?