Our immigration lawyer (David Cohen) has refused to represent

[rajnik1976]

Thanks you Leon, BobbyB, Rupeshhari for your positive & encouraging comments.

I will still go and apply with Nova Scotia becasue there is nothing to loose but a little time & efforts and you know never know....hope my lady luck strikes

The trick is the College has said I have worked with them for two academic sessions 1999-2000 and 2000-2001 and they have not mentioned any specific dates on the letter. I presume CIC officials know what an academic sesssion in College is and usually teaching jobs do not require to be 37.5 hrs per week because Colleges are closed during semester breaks, summer breaks, Christmas breaks etc. so 1950hrs a year full time work experience can not be a critieria for a college Lecturer hence I strongly believe I may survive and this confusion will be a reason to it.

I do appreciate David Cohen's honesty and that is for sure he is a legtimate lawyer and not after applicant's money. I wish he had acceped to represent us.

Thanks everyone.

 

[rely]

You apply directly I have seen numerous of such applications going through successfully.
This ltr from college is OK.Explain separately on a cvr note that what exactly u are doing on ad hoc basis.Include ur contract letter,ltr of reference from your colleagues also.Some testimonials will also do and salary slips with bank trabsaction letter.Persons who well versed with local education and work environment will understand your type of experience.

rely

Dear All,

I was thinking to apply for Canadian immigration through the famous immigration lawyer - David Cohen but he has refused to represent our case on the grounds that he is afraid that our application is likely to be refused.

We want to claim points as follow:

Principal applicant Age: 32 years Points: 10
Education: Masters Degree Points: 25
English Language: Points: 12
Experience: more than 4 years Points: 21
Spouse education: Bachelors Degree Points: 4

Total points: 72

The problem is with my work experience. I have worked with a College here in Ludhiana (India) as a Lecturer in Physical Education department during from August-1999 to Feb-2000 AND from August-2000 to March-2001 on adhoc (temporary) basis. The college has issed me a work experience certificate stating:

"She has worked with us as a Lecturer - Physical Education during academic sessions 1999-2000 & 2000-2001 on temporary basis"

Since they have not specified any dates on the letter instead they have mentioned I have worked with them for 2 academic sessions..........so Can I get through with this letter?

Mr. David Cohen has said NO because as per him CIC is enforcing this rule very tightly.

Seniors what do you think about this........please help.

 

[mom2karl]

rajnik1976,

my prayers are with you. let me be a little cheesy and leave you with this cliche, "it's better to have loved and lost than never to have loved at all." (sorry guys!)

if you don't apply, in the years to come you will always wonder 'what if', so go ahead and try. if you have a 99% chance of rejection, the 1% is still there. stranger things have happened. prayer moves mountains...

 

[rajnik1976]

Thanks rely & mom2karl.....I apprciate what you have said guys.

I am going to take my chance and applying for the PR under NOC-4131
I will definitely explain what I have been doing at College as a Lecturer.....most of duties mentioned on HRSDC website I have performed so it shouldn't be a problem.

Unfortunately I have lost my contract letter because it was way back in 1999 when I was offered this job, I got married about 3 years ago and then moved to another place with my husband so I am afraid if I can find the appointment/contract letter - however I can ask my ex-colleagues to write reference letters for me. It would also be difficult to arrange bank transaction statement because it's been more than 8 years since I have left that job but despite of all these ODDS I am going to apply with NS. Fingers crossed for the best.

I am employed as a Secondary teacher since April 2001. Thanks for posting guys.

 

[links18]

Write a very convincing letter arguing why your 2 academic semesters should be the equivalent of 1 year of continuous work. Many college instructors do not work in the summer, so you can try to make an argument that your 2 terms are the equivalent of one year according to the customs of that profession. I don't know if it will work, but I had a similar situation and CIC went for it.

 

[rupeshhari]

Thanks you Leon, BobbyB, Rupeshhari for your positive & encouraging comments.

I will still go and apply with Nova Scotia becasue there is nothing to loose but a little time & efforts and you know never know....hope my lady luck strikes

The trick is the College has said I have worked with them for two academic sessions 1999-2000 and 2000-2001 and they have not mentioned any specific dates on the letter. I presume CIC officials know what an academic sesssion in College is and usually teaching jobs do not require to be 37.5 hrs per week because Colleges are closed during semester breaks, summer breaks, Christmas breaks etc. so 1950hrs a year full time work experience can not be a critieria for a college Lecturer hence I strongly believe I may survive and this confusion will be a reason to it.

I do appreciate David Cohen's honesty and that is for sure he is a legtimate lawyer and not after applicant's money. I wish he had acceped to represent us.

Thanks everyone.

High schools are closed during Christmas breaks and semester breaks but generally school teachers are employed even during those breaks. That is the same for most colleges, at least in the west. Even when someone gets a 9 month salary, they can choose to receive it over 12 months because they are actually employed during the summer break too. I don't think you should use the "1950hours doesn't apply to college lecturer" argument because the converse of that is, every part time lecturer will be eligible as a full time lecturer because 1950 won't apply to them too. If I was IO, I wouldn't buy into such an argument. I am sure you can make an argument why your case should succeed but I don't think it should be the 1950 hours argument. That is only my personal opinion.

 

[rajnik1976]

Hi rupeshhari,

You are right high schools (and Colleges as well) are closed during Christmas breaks, semester breaks and yes teachers are employed even during those breaks in West but in India if you working on temporary basis in a College then you don't get paid during semester breaks but yes you do get paid during Christmas & other small holidays breaks. The problem is I was employed with college from Aug99-Feb2000 & from Aug2000-Mar2001 and the college has stated I worked with them as a Lecturer during academic sessions 99-2000 & 2000-01 they have not specified any dates on experience letter.

I have read in the new ministreal instructions "the experience has to be 1 year full time (or part time equalivent) continous work experience" but in my case my experience has spanned to two academic sessions but its not continous for one year thoguh I was employed full time.

This is such a great confusion for me whether CIC will consider that I have experience which an applicant needs to have to qualify under new rules. The college says two academic sessions.

Let me know what should be an ideal thing to do for me in this situation?

Should I write an explanation letter or something?

Please advise.

 

[aanbaan]

dude.. if you really want to go for it.. go for it... give it a shot... stop contemplating so much...

maybe it works.. maybe it doesn't... important thing is you won't regret 5 years down the line that you did not try...

as such, in case of rejection, the fee will be refunded to you. So, the financial loss is minimal...

even if they reject at local CHC application evaluation stage, they do refund the money. this is what the AOR letter says, which I received yesterday... so, i'll suggest that you stop contemplating and go for it..

everybody's application is weak at some front or the other... your too is... it's about how strongly you put your case forward to CHC.

 

[rajnik1976]

You are right Aanban.

I am asking too much so now I need to be focused and go for it.

Thanks man.

 

[New2Canada]

Aanbaan - I agree he should apply if he wants to else he might regret it couple of years but if he doesn't make a good application and get rejected, he would regret that too. If I were him, I would think about it more so I could make the best application possible. Everyone's application has a hole but there is a difference between tiny holes and glaring big hole.

 

[rupeshhari]

I dont know whether you should write a letter or not. Only someone with experience can let you know that. Hopefully someone will reply here.

 

[rajnik1976]

I also hope someone who was in similar situation and got throguh with immigration process will write here.
Fingers crossed for the best.

 

[plan2012]

Guys,

Why not just disregard her NOC 4131? Anyway, she can still claim 21 points bec she still has her long-time NOC 4141
(if one will only dig further, it's actually considered 1 of the 38), hope I'm right?

4131 College and Other Vocational Instructors
This unit group includes instructors who teach applied arts, academic, technical and vocational subjects to students at community colleges, CEGEPs, agricultural colleges, technical and vocational institutes, language schools and other college level schools. This unit group also includes trainers who are employed by private training establishments, companies, community agencies and governments to deliver internal training or development courses. College teachers who are heads of departments are included in this group. Click here for a list of Example Titles of this occupation.
Applicants with experience in the following occupations may also be considered under this NOC depending on the specifics of the main duties performed:

* Instructors teaching non-academic or non-vocational courses (in 4216 Other Instructors)
* Secondary School Teachers (4141)
* University Professors (4121)


Simply for our kids!

 

[kisunja]

I also hope someone who was in similar situation and got throguh with immigration process will write here.
Fingers crossed for the best.

I suggest you contact the New Dehli Office and ask them how exactly this term will be calculated. Embassy in my home country responded to me (I am a postgrad teaching assistant) that they would count 2 academic years part-time as 1 year full-time but this may not apply to India...

good luck!

 

[harryk]

Dear rajnik1976,
this is not only for you, but other members of the forum too. I personally dont think that your work experience is going to be a big concern and I dont think that your case will be rejected. I am applying for Canadian PR for the 2 nd time as my application was rejected earlier. I am also working as a fulltime permanent college lecturer in ludhiana. I have more than 7 years continuous work experience. My case was filed under the 'old system' and then was transferred under the 'fast track' system. I had sent my updated documents to the new delhi chc with the latest 'work experience certificate',job responsibilities certificate, income tax returns of last 6 years, and form 16 of last 6 years....and guess what? I was rejected because I "didnt show documentary evidence to prove that I have had a continuous 1 year full time experience". So, to be frank and brutally honest, these rules and regulations and procedures get flouted. I was dumbstruck and dejected with all this. Worse is that while I have genuine work experience under NOC 4131, yet many people with fake experience letters got the canadian pr.
By the way, the second secretary who processed my application and rejected it without even going through the enclosures and certificates is a lady called Paige Purcell, and she had blatantly rejected more than 500 such genuine cases. She has been kicked out from the Canadian high commission because of numerous complaints against her lack of proper judgement in assessing cases.
So rajnik1976, all I can say is that you should say your prayers and go ahead. The system of canadian immigration is not fool proof. it has its flaws. think positive and you will get through.
regards, harryk.