Refused..........But how can i person be rejected IF IELTS late for 2 WEEKS

[mitali]

I got visa on March and it got canceled same month showing following two reasons
1) I AM NOT SATISFIED THAT D EMPLOYER HAS DEMONSTRATED COMPLIANCE W/ FEDERAL OR PROVINCIAL LAWS REGARDING EMPLOYMENT OR RECRUITMENT IN D PROVINCE HERE U WILL B WORKING
2) D INFORMATION U PROVIDED @ UR INTERVIEW DID NOT ALLAY MY CONCERNS THAT U HAVE CONCEALLED AN UNAUTHORIZED REPRESENTATIVE & THAT U PAID ILLEGAL PLACEMENT FEES TO THIS REPRESENTATIVE.
I understand that I hd link with UAE based agency and I paid placement fees, because agency find me employer in Canada. UAE agency ve another agency in Canada who find me employer .but I never keep in touch between employer and me. As well this Canada agency. Now I saw same employer posting job vacancy in job bank and I forward my cv to this employer mail. Employer surprise and sucked to see my resume and contact me what happen how visa cancelled .and now employer showing interest to me hiring again through direct hire not through agency employer wants to apply LMO for me and sending to me directly now my question is
if I apply work permit with same employer in abudhabi visa office what is the chances to approve work permit ?
But abudhabi VO told me if I apply genuine ill get 1st priority to approve visa
and one more question my visa was already cancelled in system in Canadian border and embassy but in my passport still not cancel .and embassy also not requesting for cancelled what can I do/ I still can apply another application for work permit ?
Some seniors advise me!!!

Hi,

For you to be able to apply for Work permit, your employer will have to procure positive LMO for you. Remember that your employer is also probably flagged in the CIC database as he has not followed the rules. "EMPLOYER HAS DEMONSTRATED COMPLIANCE W/ FEDERAL OR PROVINCIAL LAWS REGARDING EMPLOYMENT OR RECRUITMENT IN D PROVINCE ". This time if he applies he will have to adhere to all the policies.

Only after successful LMO application you can apply for work permit. Has CIC mentioned of any "Ban" or restrictions in the letter?

Your Visa (the one that was issued) will automatically be nullified at POE.

Would you mind if I made another thread for you on your topic because this situation is an eye opener for many and I am sure many members might have relevant comments for you.

Mitali

 

[Destined]

Hey sent u a PM ...

I hope it helps..
Regards
Destined..

I got visa on March and it got canceled same month showing following two reasons
1) I AM NOT SATISFIED THAT D EMPLOYER HAS DEMONSTRATED COMPLIANCE W/ FEDERAL OR PROVINCIAL LAWS REGARDING EMPLOYMENT OR RECRUITMENT IN D PROVINCE HERE U WILL B WORKING
2) D INFORMATION U PROVIDED @ UR INTERVIEW DID NOT ALLAY MY CONCERNS THAT U HAVE CONCEALLED AN UNAUTHORIZED REPRESENTATIVE & THAT U PAID ILLEGAL PLACEMENT FEES TO THIS REPRESENTATIVE.
I understand that I Some seniors advise me!!!

 

[Destined]

You must get visa if the bank is ready to pull you in... They know the process & i dont see any reason why u can not apply again...
Might be seniors can put more light on it...
regards
destined

if I apply work permit with same employer in abudhabi visa office what is the chances to approve work permit ?
But abudhabi VO told me if I apply genuine ill get 1st priority to approve visa
and one more question my visa was already cancelled in system in Canadian border and embassy but in my passport still not cancel .and embassy also not requesting for cancelled what can I do/ I still can apply another application for work permit ?
Some seniors advise me!!!

 

[Cappuccino]

today i hv recieved refusal letter .................as i got 65 marks ....in IELTS 8 marks.
my last day for case submission with documents was 30th March 2011. i sent all package/documents with OLD ILETS result...
after 2 weeks.........on15th April, they recieved my new IELTS result...( 10 Marks ) ...and my NUMBER were 67.

but i think they have not included my new IELTS result .....but WHYYYYYYYYYYYY????

if a person getting
22/25 in education
21/21 in experience
10/10 age
0/10 arrange emplyment
8/24 official langauge
4/10 adaptibility..

m sad .................they didnt attach my new IELTS result.........which was easily qualifying 67 marks ..
why they failed a person who is qualified and have 10 years expereince.... which english they want to check >?

now any guidance/ help.....

i didnt see in letter that u can appeal :-[

waiting for helppppppppppppppp

Actually, I believe any documents the visa office had in their possession at the time they made their decision should be considered.

New documents after a decision has been made cannot be used, but it seems here the case is that they had the new IELTS results in plenty of time for the decision being made.

Since you have nothing to lose, I would suggest faxing them a letter (fax often works better than email) stating that they have miscalculated, and that you have 67 points according to the documentation they had in the possession at the time they made their decision. Show your calculations, since hopefully if they then find they had the new IELTS results before decision was made, they may recalculate.

There can be no guarantees, but it's worth a shot. Best of luck.
Wayne.

 

[Cappuccino]

agree with Coolguy, it doesn't help to make more threads with the same topic. If you want to bring your thread back to people's attention, just go to the the original one and put in a brief comment or "bump" and it will come up again. Just frustrates people to see same requests over again. Ok....back to business.
What was the date of your IELTS results, the ones you said were OLD? What I am thinking here is that they USED to be good for one year, then they increased the validity to TWO YEARS. I just wondered if that might help you to find out when that came into effect (look in the OP MANUAL), IF YOUR IELTS WERE LESS THAN TWO YEARS OLD when you submitted them. Don't want to rub salt in the wounds, but did you include evidence with the March submission that you had already taken the new IELTS and were awaiting the results? If you did not, then there was no way the VO would know you had taken new IELTS and he/she would have to judge your application based on the documents you submitted within the 120 day period provided.
There may be jobs for geologists due to the expansion of exploration in oil/gas. Look in the areas of the Provinces where this work is being done and contact employers. Try to get a job offer/LMO and come in under PNP. With a Skill level O,A,or B you can apply for PR through PNP without having to work for a number of months. I wish you all the best. Can imagine you must be very upset with all that is going on. Good luck.

I believe IELTS results are valid indefinitely (they do not expire like police certificates) as long as it is received by CIC before its second birthday (as you say, it used to be one year, now it's two).

But, for example, if CIC get IELTS results which are 1 year 11 months old, and they take a further 6 months to process the application, they should not need to ask for new IELTS results in the same way they would need updated PCCs.

Regarding timelines, CIC received the OP's new IELTS results in mid April, and it sounds like a decision was made late May, start of June if the OP has just found out about it. This suggests CIC had the new IELTS results in their possession for around 6 weeks prior to making their decision.

Had CIC made their decision prior to receiving the new IELTS results, then the OP would have no case at all. But IMO the visa office should have considered everything they had with them. In this case, I believe they may have simply missed or overlooked the new IELTS results, and so I think the OP has grounds to appeal.

Wayne.

 

[bird_of_canada]

thanks for sharing detailed explanation..
my test was not old...it was just 2 MONTHS old !! NO , i didnt send them any letter with my complete package that m waiting for My IELTS result ...

now i m sending them email and fax...lets SEE with annuxures ( My IELTS which quailfy me for 67 marks & letter of request which i sent them with my IELTS result..)

ALLAH will help me. Inshallah

agree with Coolguy, it doesn't help to make more threads with the same topic. If you want to bring your thread back to people's attention, just go to the the original one and put in a brief comment or "bump" and it will come up again. Just frustrates people to see same requests over again. Ok....back to business.
What was the date of your IELTS results, the ones you said were OLD? What I am thinking here is that they USED to be good for one year, then they increased the validity to TWO YEARS. I just wondered if that might help you to find out when that came into effect (look in the OP MANUAL), IF YOUR IELTS WERE LESS THAN TWO YEARS OLD when you submitted them. Don't want to rub salt in the wounds, but did you include evidence with the March submission that you had already taken the new IELTS and were awaiting the results? If you did not, then there was no way the VO would know you had taken new IELTS and he/she would have to judge your application based on the documents you submitted within the 120 day period provided.
There may be jobs for geologists due to the expansion of exploration in oil/gas. Look in the areas of the Provinces where this work is being done and contact employers. Try to get a job offer/LMO and come in under PNP. With a Skill level O,A,or B you can apply for PR through PNP without having to work for a number of months. I wish you all the best. Can imagine you must be very upset with all that is going on. Good luck.

 

[Pippin]

I think Wayne and I are both trying to figure out dates here. I don't know how many times I have re-read your post and this time I see something else (1,2,3,4).
1. You were a PRE June 26/10. You were given 120 days to provide documents.
2. The IELTS you provided with those documents was NOT OUT OF DATE, but the score was only 8 which gave you 65 points.
3. You booked repeat IELTS test but did not include evidence with documents sent for evaluation to VO.
4. Scored 10 points on IELTS in March, submitted to VO, now 67 points.
5. VO appears to have evaluated pkg on docs submitted by due date, however.....Wayne thinks they may have looked at them after the date on which your new IELTS would have arrived.
6. According to Wayne, VO should have included any relevant evidence available to them on the date they opened your file.
7. As soon as you have evidence of the date on which a decision was made let us know. IF THAT DATE is on/after when the IELTS was received, Wayne thinks you have a reason to appeal.
8. For advice on how to do the fax/appeal read this http://www.canadavisa.com/canada-immigration-discussion-board/how-to-deal-with-an-unfair-ner-a-negative-eligibility-review-t67741.0.html

Let me know if I got it right this time?

 

[Cappuccino]

I think Wayne and I are both trying to figure out dates here. I don't know how many times I have re-read your post and this time I see something else (1,2,3,4).
1. You were a PRE June 26/10. You were given 120 days to provide documents.
2. The IELTS you provided with those documents was NOT OUT OF DATE, but the score was only 8 which gave you 65 points.
3. You booked repeat IELTS test but did not include evidence with documents sent for evaluation to VO.
4. Scored 10 points on IELTS in March, submitted to VO, now 67 points.
5. VO appears to have evaluated pkg on docs submitted by due date, however.....Wayne thinks they may have looked at them after the date on which your new IELTS would have arrived.
6. According to Wayne, VO should have included any relevant evidence available to them on the date they opened your file.
7. As soon as you have evidence of the date on which a decision was made let us know. IF THAT DATE is on/after when the IELTS was received, Wayne thinks you have a reason to appeal.
8. For advice on how to do the fax/appeal read this http://www.canadavisa.com/canada-immigration-discussion-board/how-to-deal-with-an-unfair-ner-a-negative-eligibility-review-t67741.0.html

Let me know if I got it right this time?

IMO they should not have ignored an IELTS test in their possession at the time they made their decision.

They can fail applicants for not getting documents within 120 days, but IMO that's only relevant if they make their decision before the documents arrive with them. In other words, after the 120 days you're on borrowed time since the visa office can make their decision at any point after then.

Some exact dates would of course help us here ascertain if an appeal is possible. But any appeal I think would need to come quickly, so in my view the OP should get a fax off to the visa office with all his arguments within the next few days.

Wayne.

 

[mannual]

Hi,

For you to be able to apply for Work permit, your employer will have to procure positive LMO for you. Remember that your employer is also probably flagged in the CIC database as he has not followed the rules. "EMPLOYER HAS DEMONSTRATED COMPLIANCE W/ FEDERAL OR PROVINCIAL LAWS REGARDING EMPLOYMENT OR RECRUITMENT IN D PROVINCE ". This time if he applies he will have to adhere to all the policies.

Only after successful LMO application you can apply for work permit. Has CIC mentioned of any "Ban" or restrictions in the letter?

Your Visa (the one that was issued) will automatically be nullified at POE.

Would you mind if I made another thread for you on your topic because this situation is an eye opener for many and I am sure many members might have relevant comments for you.

Mitali

Thank you for reply.
No CIC don’t maintain ban or restrictions. it maintain "This application is closed. Please note that any new information you wish to provide must be submitted with a New application and processing fee. Should you wish to reapply, I would suggest that you do so only if your situation has changed substantively or you have significant new information to submit."

You can make another thread.