Skilled Worker - PhD stream refused...

[xnolimited]

Dear all,

I am writing to share my recent experience with my application and seeking for some help.

I placed my Skilled Worker application in PhD stream on 3/2012. Yesterday, I was notified by email from CIC that my application was refused because I only got 64 points. In particular, they gave me a zero in Adaptability, which made me fail in passing 67.

At the time when I submitted my application, I have been studied full-time in Canadian Universities for 5 years (1 year master in ON, 4 years PhD in BC). They said my master program is only one year, so they cannot give me any point on this. Also, they seemed to ignore my 4 years Phd study, because I have not completed that program (by my submission date).

I feel really unfair about their decision, as there is a mention on CIC website that "There is no need to have obtained a degree or diploma for these two years of study to earn these points", so I think should earn 5 points from "Previous study in Canada" part rather than nothing.

I think they are just playing wording games on this, which makes people feel confused. I have sent them a re-consideration letter with above matter together with my Phd certificate (just completed), but have not got a response yet.

I do not know how much chance I have in arguing with them. They may ask me to re-apply because my case is closed, or simply ignore my email "appeal".
Should/Could I do a formal appeal through lawyer? I feel so bad.. Anyway, I want to share my experience here. Any suggestion would be much appreciated.

Sincerely,

xnolimited

 

[namaste]

Did you complete and receive the masters degree? If so, then you should get points for your master degree, completing it in a year shouldn't work against you.
What was the regular length of your masters program? CIC should count the regular length of the program and not the length it took you to finish it! Otherwise, it would be really wrong to punish those that finish it earlier than an average person would!

 

[xnolimited]

Thanks namaste. I recevied my master in an one-year program.
My point is that it seems that they do not count years in an incompleted program.

 

[mobe]

Thanks namaste. I recevied my master in an one-year program.
My point is that it seems that they do not count years in an incompleted program.

Yes it seems.

 

[mmajid282]

Thanks namaste. I recevied my master in an one-year program.
My point is that it seems that they do not count years in an incompleted program.

time spent in an incomplete program of study is not counted for awarding points, phd points will only be awarded if you had submitted the completion certificate.

 

[msaeed]

Dear all,

I am writing to share my recent experience with my application and seeking for some help.

I placed my Skilled Worker application in PhD stream on 3/2012. Yesterday, I was notified by email from CIC that my application was refused because I only got 64 points. In particular, they gave me a zero in Adaptability, which made me fail in passing 67.

At the time when I submitted my application, I have been studied full-time in Canadian Universities for 5 years (1 year master in ON, 4 years PhD in BC). They said my master program is only one year, so they cannot give me any point on this. Also, they seemed to ignore my 4 years Phd study, because I have not completed that program (by my submission date).

I feel really unfair about their decision, as there is a mention on CIC website that "There is no need to have obtained a degree or diploma for these two years of study to earn these points", so I think should earn 5 points from "Previous study in Canada" part rather than nothing.

I think they are just playing wording games on this, which makes people feel confused. I have sent them a re-consideration letter with above matter together with my Phd certificate (just completed), but have not got a response yet.

I do not know how much chance I have in arguing with them. They may ask me to re-apply because my case is closed, or simply ignore my email "appeal".
Should/Could I do a formal appeal through lawyer? I feel so bad.. Anyway, I want to share my experience here. Any suggestion would be much appreciated.

Sincerely,

xnolimited

Sir

Reapply , you were refused as you were short of points.
I am sure , you will be successful this time

Best of luck
Kind Regards

 

[namaste]

Well, it's clear for CIC's guidelines that the program has to be complete in order to get points for it. So I am not surprised that you didn't get points for your phd years since it is in progress. But, you did get points for your masters then? But it was not enough for you? From reading your initial post, it seemed that you didn't even get points for your masters.

Thanks namaste. I recevied my master in an one-year program.
My point is that it seems that they do not count years in an incompleted program.

 

[asbereth]

Hi xnolimited, I'm sorry that you have been rejected.

This topic has been discussed several times already on the PhD stream thread (since apparently, a lot of people were relying on these five points to qualify under the stream)

http://www.canadavisa.com/canada-immigration-discussion-board/applicant-from-phd-program-after-5-nov-2011-connect-here-to-get-status-t87348.7395.html

Several people have already gotten rejected since they have not completed a post-secondary program of two year duration in Canada, and they relied on these 5 points to get above 67. I would refer back to OP6B

Award five points if the applicant or accompanying spouse or common- law partner completed a program of full-time study of at least two years' duration at a post-secondary institution in Canada, if this occurred after the age of seventeen and with valid study permits.

(The person is not required to have obtained an educational credential for these two years of study in Canada to earn the points, but simply to have completed at least two years of study.

The reason why they did not give you the 5 points for your Master's degree was precisely because it was only a one-year program, and for these points to be awarded, you need to have completed a program of two year duration.

Under the new rule, though, you need not even have completed a program of study, just two years of study, to be awarded these 5 points, so it's something to keep in mind if you're thinking of re-applying (under the new rule, you will be eligible for the five points after two years of your PhD, without having completed the program).

 

[xnolimited]

Thank you all for your kind replies and suggestions. As a skilled worker decision can not be appealed, I am thinking of re-applying, maybe from a different category.

 

[Trick]

Hey,

Mark and email to Jason Kenney and appeal for reconsideration with all the documents and everything attached in an email.Just give it a try. At the same time reapply.