NOC 0213 Refusal. What To Do? Urgent Help Needed.

[nvblue]

Hello Friends,

Finally, I have received a letter from CHC,New Delhi stating that I don't have sufficient points to become eligible for Canada PR. I filed immigration file in April,2010 & got refusal on 15th March,2012.

Below are the awarded points.

* Age:10 - ok
* Education:15 (They have considered 15 points only by calculating 1 year diploma. But, my diploma lasts for 3 years, Therefore eligible points are 20 or 22)

* Experience:21 - ok
* Spouse's Study:4 - ok
* Adaptability:8 (IELTS) - ok
* Proof of relationship in canada: 0 ( Though, I have submitted all landing records to CHC,New Delhi. My brother in law is leaving in Canada since 6 years. Immigration officer has mentioned that he/she doesn't received any letter of the my relative in canada!!?? This is very strange...)

Now, I would like to send a reply letter to CHC,New Delhi by mentioning that their point calculation is wrong & correct points would be,

* Age:10
* Education:22
* Experience:21
* Spouse's Study:4
* Adaptability:8 (IELTS)
* Proof of relationship in Canada: 5

Total: 70

Experts, please let me know how to deal with this situation as i have waited too much to get Canada PR, but finally i got refusal. Also, I have found "Spell" mistakes in "refusal letter" & haven't mentioned "Immigration Officer" name & No Signature @ End Of File!!!!

It seems that they are just trying to clear huge backlog of applications & rejecting in bulk.

Urgent Help Needed.

 

[PMM]

Hi

Hello Friends,

Finally, I have received a letter from CHC,New Delhi stating that I don't have sufficient points to become eligible for Canada PR. I filed immigration file in April,2010 & got refusal on 15th March,2012.

Below are the awarded points.

* Age:10 - ok
* Education:15 (They have considered 15 points only by calculating 1 year diploma. But, my diploma lasts for 3 years, Therefore eligible points are 20 or 22)

* Experience:21 - ok
* Spouse's Study:4 - ok
* Adaptability:8 (IELTS) - ok
* Proof of relationship in canada: 0 ( Though, I have submitted all landing records to CHC,New Delhi. My brother in law is leaving in Canada since 6 years. Immigration officer has mentioned that he/she doesn't received any letter of the my relative in canada!!?? This is very strange...)

Now, I would like to send a reply letter to CHC,New Delhi by mentioning that their point calculation is wrong & correct points would be,

* Age:10
* Education:22
* Experience:21
* Spouse's Study:4
* Adaptability:8 (IELTS)
* Proof of relationship in Canada: 5

Total: 70

Experts, please let me know how to deal with this situation as i have waited too much to get Canada PR, but finally i got refusal. Also, I have found "Spell" mistakes in "refusal letter" & haven't mentioned "Immigration Officer" name & No Signature @ End Of File!!!!

It seems that they are just trying to clear huge backlog of applications & rejecting in bulk.

Urgent Help Needed.

If you didn't send your wife's birth certificate and her brother's birth certificate (showing they are related) with proof of Permanent resident, and proof of residing in Canada (bills, income tax, rental payments, etc) you will not get the 5 points for a relative in Canada. You don't say how may many years of study. For 22 points you require 15 years of study for a 3 year diploma. Note, if the diploma normally only takes 1 years and you took 3 years to get it, then it is work 15 points. Even with 22 points for education, if you didn't prove the relationship with the bro/law then you will only get 65 points.

 

[dnyfyn]

Please give us more information on your study.

I think you can prove your relationship but what about your studies? Did you attach all the necessary documents with regard to education.

 

[nvblue]

Please give us more information on your study.

I think you can prove your relationship but what about your studies? Did you attach all the necessary documents with regard to education.

I have completed "Diploma Electrical Engineering" after 12th Science stream. The actual months for diploma is 3 years,not 1 year. My college is approved by UGC(University Grant Comisison) & AICTE(All India Council For Technical Education). Thus, it is not like that i have 1 year diploma & completed in 3 years.

I am thinking to get a letter from my college by mentioning that the course ware is for 3 years.

Adding to this, i am in touch with 'relatives in canada' to get more details for 'proof of relationship in canada' docs.

But, i would like to know that how to submit my arguments to CHC.

 

[nvblue]

Hi


If you didn't send your wife's birth certificate and her brother's birth certificate (showing they are related) with proof of Permanent resident, and proof of residing in Canada (bills, income tax, rental payments, etc) you will not get the 5 points for a relative in Canada. You don't say how may many years of study. For 22 points you require 15 years of study for a 3 year diploma. Note, if the diploma normally only takes 1 years and you took 3 years to get it, then it is work 15 points. Even with 22 points for education, if you didn't prove the relationship with the bro/law then you will only get 65 points.

Hello,

I have verified all the submitted documents to CHC,New Delhi. Below is the list of submitted docs.

* My wife's birth certificate.
* My "Brother-In-Law" PR card & Landing Report.

Haven't submitted below docs.

* "Brother-In-Law's" birth certificate.
* No bills, income tax, rental payments etc....
* No proof of relationship with her sister in INDIA. Means, there is a need to get "certificate of brother-sister relation" in india. Is it ?

Now, main points, how much you are sure that CHC will accept all the missing docs again,as they have already refused my PR file?

& where to apply for petition?

I am very surprised that immigration officer haven't asked me/intimated me to send "additional documents" to fulfill the point requirement. I have paid 50K for visa processing & they should not do all things like this.

 

[PMM]

Hi

Hello,

I have verified all the submitted documents to CHC,New Delhi. Below is the list of submitted docs.

* My wife's birth certificate.
* My "Brother-In-Law" PR card & Landing Report.

Haven't submitted below docs.

* "Brother-In-Law's" birth certificate.
* No bills, income tax, rental payments etc....
* No proof of relationship with her sister in INDIA. Means, there is a need to get "certificate of brother-sister relation" in india. Is it ?

Now, main points, how much you are sure that CHC will accept all the missing docs again,as they have already refused my PR file?

& where to apply for petition?

I am very surprised that immigration officer haven't asked me/intimated me to send "additional documents" to fulfill the point requirement. I have paid 50K for visa processing & they should not do all things like this.

Hate to be the bearer of bad news. But as you didn't submit proof of the relationship of your spouse to her brother, it is too late now as the application has been refused. Even if ND reassesses your education, you still only have 65 points.

 

[nvblue]

@ PMM,

Thanks for your prompt response. But, I will try my best to fight for the wrong decision of CHC,New Delhi. Neither they have informed me to submit missing documents nor calling me up for the same. That's why i am frustrated & will fight till the case end in a proper manner.

Now, I will give all my efforts & will get all the missing documents in a day or two.

So, please let me know how to file petition against wrong decision made. Will "e-CAS" CSE will work? Will they consider my written application if i send CSE to CHC,New Delhi?

 

[harry_aussie]

Dear Nvblue,

Sorry to read about your rejection. Please take the responsibility of refusal on you, NDVO is not to be blamed for this. Their decision is not wrong as your documents were not upto the mark.

VO's are not bound to request extra documents from you. They can make their decision based on the documents in hand. Once decision is made where applicant has failed to provide documents that vouch for the claims made, it is almost certain that the applicant is at a loosing ground.

You can only submit a humble request to your VO and hope they heed to your plea. I wish you become successful in doing so.

Harry

 

[nvblue]

Dear Nvblue,

Sorry to read about your rejection. Please take the responsibility of refusal on you, NDVO is not to be blamed for this. Their decision is not wrong as your documents were not upto the mark.

VO's are not bound to request extra documents from you. They can make their decision based on the documents in hand. Once decision is made where applicant has failed to provide documents that vouch for the claims made, it is almost certain that the applicant is at a loosing ground.

You can only submit a humble request to your VO and hope they heed to your plea. I wish you become successful in doing so.

Harry

Dear Friend,

How to send humble request to NDVO? Through email or by sending the missing docs through courier?

 

[Canadian Dreams]

I have completed "Diploma Electrical Engineering" after 12th Science stream. The actual months for diploma is 3 years,not 1 year. My college is approved by UGC(University Grant Comisison) & AICTE(All India Council For Technical Education). Thus, it is not like that i have 1 year diploma & completed in 3 years.

I am thinking to get a letter from my college by mentioning that the course ware is for 3 years.

Adding to this, i am in touch with 'relatives in canada' to get more details for 'proof of relationship in canada' docs.

But, i would like to know that how to submit my arguments to CHC.

Dear NV,

Sorry to hear about Rejection:

One vital question regarding ur education points. Your diploma must be having some semester/annual assessment marksheets so have you provided them for all 3 years you have studied ?

Also my personal suggestion is that you should have tried to improve your IELTS score. You scored only 8 where as Max score is 16.

You know what.... I strongly believe that besides points of AGE, only IELTS is the the most certain points gainer for which CHC can never deduct even a single point. The best part is that it is in our hands.

Although I am not sure about the fate of my application... I am also on borderline like you, still I will give u my IELTS story.

I took coaching for IELTS, took Exam in March 2010, Scored overall 7 (L-8, S-7, R-7.5, W-6) i.e. 4+4+4+2 = 14 (With both Old & new points calculation system). My consultant told me that I getting 65 & If I add my spouse education I will get 4 points which is OK.. since I will get 69. BUT I decided against the suggestion of my consultant.

I decided to take another exam to gain full 16 although paying fees for exam just for 2 more points was not advisable... & coaching again was another expenditure so I decided to do self study. Also I was not sure will another exam gain me points or scores will go down.

This time I got through ... Though Overall score remained same 7 but I got (L-7.5, S-7, R-7, W-7) i.e. 4+4+4+4 = 16 (with both old & new IELTS Bands points calculation system).

Though nothing could be done now for your IELTS but you may provide additional document w.r.t. to your Education & relative in Canada.

Wishing you the best & you get through the process.

 

[nvblue]

Dear Canadian Dreams,

Thanks for your moral support. As you are now aware that I have got refusal due to
* education = 15 points
* Proof of relationship in Canada = 0

Overall score is 58 points only.

Moreover, i have just submitted my final marksheet & top10 bonafied certificate,which i think was not adequate. So, i am going to resend all my semester wise marksheets to CHC,New Delhi. Also i will be attaching "All possible proof of relationship of canada i.e. My brother-in-law's rent agreement, Electricity bill, income tax letter".

During my initial submission,i did only "PR Card copy & proof of landing record",which was again not sufficient.

Thus, As discussed in this forum & suggestions from my canada relatives, i am "sending reconsideration letter" to CHC,New Delhi with all dues documents. This is the only way to initiate & continu my immigration file. If they don't consider my application this time, next way is "apply in Federal court",which is again time & money consuming process. But, i don't want to go for it.

I have found many +ve approaches from visa office that they also reconsider immigration file as they have authority to re-process it,but waiting for a REPLY from me like guys.

Thus, what i am thinking is, I will sure gain additional points in "Proof of relationship=5" & "3 year education = 22". Means,

70-71 points, which is enough by god's grace.

1 more thing, i studied IELTS @ my own risk, haven't attended any classes. I am a regular visitor of "local British library",which leads me to save 6000 rupees of coaching.

My personal mail id is: nvblue@gmail.com.We can chat/talk more on it. Send me yours.

Keep in touch.

 

[nvblue]

"Reconsideration letter is ready to send to local VO,New Delhi". Hope for the best.

Now, as all are aware the missing points. So, it would be great if someone can give me the list of documents for submission to earn more points.

nvblue

 

[passcanada]

your education is only diploma
which will give you only 15 points.
in cic.gc.ca the information in education was based on canadian credential.
but in india diploma that is less than the bachlore.
so your diploma, credit you only 15 or 20 not 22 points.
hope this will help you.
so re apply by improving ielts

 

[saahil]

NV blue,

Canadian dreams is right..... you can score high on ielts... even if you can make 14 points
that'l be a huge difference.... don go to coaching classes
follow this lonk.. its just too good.... for ielts preparation it has more than 10 practice exams
and please note reading and writing is different for general module... so please go through
general module reading ..... this is the link

http://www.ielts-exam.net/index.php

and please circulate this so that people can use it thanks

Saahil

 

[nvblue]

Hello Saahil,

I am ready to give IELTS again to achieve more points which will help me for canadian immigration. But, main problem is , my file is been refused & the NOC code 0213 doesn't exists now!!!! Means, i need to start from scratch by making new immigration application. Is it true?