To decline or not the ITA

[jo4977]

Dear All

Please help with your valuable suggestions regarding declining My wife's ITA for EE which got drawn in 2/oct/2015.

We had 458 points, and our lawyer in Canada had made a mistake in her EE profile regarding her experience.
She have altogether experience about 1.5 years in two companies untill now.
In one company which is IME around 11 months and rest with Edmonton journal all in skill level A but different NOC code.
Our lawyer had entered 12 months with IME when she created the profile and didn't mention about Edmonton journal.
we had pointed out this earlier to the lawyer when we got ITA but the lawyer said its fine and she had done this wit other clients and its fine.
Now that we are almost about to apply she is telling it might be an issue and we may get our PR application refused due to this.So its better to decline and create a fresh one with accurate details.

Will that be an issue when we apply as she will be obviously getting more score than the ITA.?

we are really worried that our score is not so great and we might not get an invitation again.
Your suggestions are highly appreciated!!

 

[StAnger]

Dear All

Please help with your valuable suggestions regarding declining My wife's ITA for EE which got drawn in 2/oct/2015.

We had 458 points, and our lawyer in Canada had made a mistake in her EE profile regarding her experience.
She have altogether experience about 1.5 years in two companies untill now.
In one company which is IME around 11 months and rest with Edmonton journal all in skill level A but different NOC code.
Our lawyer had entered 12 months with IME when she created the profile and didn't mention about Edmonton journal.
we had pointed out this earlier to the lawyer when we got ITA but the lawyer said its fine and she had done this wit other clients and its fine.
Now that we are almost about to apply she is telling it might be an issue and we may get our PR application refused due to this.So its better to decline and create a fresh one with accurate details.

Will that be an issue when we apply as she will be obviously getting more score than the ITA.?

we are really worried that our score is not so great and we might not get an invitation again.
Your suggestions are highly appreciated!!

Misinterpretion will have serious consequences so my suggestion would be to refuse the ITA, enter correct information and wait for next invitation.

 

[MooseNBooze]

@jo4977 -

When you say "lawyer had entered 12 months", do you mean the "from" and "to" dates were incorrect? Keep in mind that EE profile only asks for mm/yyyy and not exact dates. If the months were incorrectly entered, and if you pointed that out to the lawyer and the lawyer said that's no biggie, then the lawyer ought to be sued for malpractice.

On the other hand, if the EE profile's "From" and "To" mm/yyyy entries match what you have in the specific LORs, then I don't see any issues. There's nowhere in EE profile where you enter months or years of experiences. Instead, what you enter are From and To dates (again, just the months and the year, not specific dates) for each NOC/job held, and CRS gets calculated accordingly. I don't quite understand what you mean by the lawyer entering 12 months for the work experience you mention, unless she entered the wrong From and To mm/yyyy in the EE profile.

But even if that's the case, then I don't think this counts as misrepresentation per se. First, this is your lawyer's error. Second, you seemed to have claimed points for 12 months of experience, while your post ITA forms will be claiming points for 1.5 years, per my understanding of your issue.

Tell you what, why don't you talk to your lawyer and ask her to fix this by putting in a LOE about the error (if indeed there was an error in the From and To dates) and that it was an unintentional oversight. With LORs from both the jobs, the CRS should be the same, even if your wife only had 11 months at the job entered while creating the EE profile which got her the ITA. My logic is that CIC should be okay as long as you can explain the situation and show them that the EE profile makes the cut made during the draw.

However, without knowing the specifics, and not being a Canadian lawyer (on top of not having any experience with post ITA forms and issues), I can only offer conjectures on how CIC is likely to view your issue.

I invite others with more knowledge to offer their views.

 

[MooseNBooze]

By the way, for what it's worth, refer to http://www.cic.gc.ca/english/immigrate/skilled/invitations.asp which states the following and may provide an insight into how CIC might view your issue -


"Changes to your personal situation
If your situation (or that of your spouse or partner) changes, you should re-calculate your score before applying online for permanent residence.

If your recalculated score is less than the lowest score in your round of invitations for an Invitation to Apply, you should decline the invitation.

Warning: In this case, if you decide to apply, we may refuse your application and will not refund your application fee.

Some examples of changes which could lower your score:

you no longer have a valid job offer
you no longer have a provincial nomination
your language test scores have expired, or you re-took them and they are lower
Find out how to re-calculate your score."

 

[One_Topsy]

Dear All

Please help with your valuable suggestions regarding declining My wife's ITA for EE which got drawn in 2/oct/2015.

We had 458 points, and our lawyer in Canada had made a mistake in her EE profile regarding her experience.
She have altogether experience about 1.5 years in two companies untill now.
In one company which is IME around 11 months and rest with Edmonton journal all in skill level A but different NOC code.
Our lawyer had entered 12 months with IME when she created the profile and didn't mention about Edmonton journal.
we had pointed out this earlier to the lawyer when we got ITA but the lawyer said its fine and she had done this wit other clients and its fine.
Now that we are almost about to apply she is telling it might be an issue and we may get our PR application refused due to this.So its better to decline and create a fresh one with accurate details.

Will that be an issue when we apply as she will be obviously getting more score than the ITA.?

we are really worried that our score is not so great and we might not get an invitation again.
Your suggestions are highly appreciated!!

This is a tough situation, but my recommendation as follows;
1. Calculate your scores (with correct information) yourself using crs tool http://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp
2. If your score is higher than the cut off for the draw you received ITA, then tell your consultant to accept ITA and add LOE about the error in your profile. Stating your real score is above cut off
3. If your score is lower than the cut off for the draw you received ITA, decline ITA and Fire your consultant.

If you want to have peace of mind, I must tell you your consultant sounds shady. So do the following;
1. Fire your consultant.
2. Become regular on this forum
3. Create EE profile yourself and wait for ITA or try and get provincial nomination

Good luck, God bless!

 

[jo4977]

Dear all many thankz for your valuable comments.

@MooseNBooze what you said is correct regarding the dates.... our issue is the lawyer had entered only one company that is NAI in her profile where as she worked in two companies during that period of one year canadian experience score we got.The lawyer didn't mention about the second company in her profile.

As far as i know there will be no change in the score

So looks like our only solution is to go ahead and justify the error made with LOE & LOR or to decline the invitation and wait for next draw which we are not sure,Will discuss with lawyer also.

If there are any other suggestions plz let me knw.

 

[eddie_in_NL]

Dear all many thankz for your valuable comments.

@MooseNBooze what you said is correct regarding the dates.... our issue is the lawyer had entered only one company that is NAI in her profile where as she worked in two companies during that period of one year canadian experience score we got.The lawyer didn't mention about the second company in her profile.

As far as i know there will be no change in the score

So looks like our only solution is to go ahead and justify the error made with LOE & LOR or to decline the invitation and wait for next draw which we are not sure,Will discuss with lawyer also.

If there are any other suggestions plz let me knw.

If I understand this correctly, she worked for TWO different companies in that period, but the lawyer declared ONLY ONE company ? The points may not change since the overall experience is still one year, but your lawyer knowingly put the wrong information in the system. (likely because he/she is too lazy to put two separate entries ?).

Honestly, there isn't much the lawyer can do in this process, but the ONE THING he/she must do is to be thorough. This is one of the very few things a consultant or lawyer can actually help you with, that is by thoroughly reviewing your information and preventing you from making mistakes in your application and ensuring there are no inconsistencies. If he/she is not doing that, and from my understanding, he/she is clearly not doing this, they there is nothing they would actually help you with. They would only make your life worse (and you're paying for it!). Get rid of him/her.

There are better consultants/lawyers out there that can help you if you really need. But you're willing to use this forum you probably don't need one.

Regarding the ITA, you're probably still ok to accept if the points don't reduce, but put the right information in and be thorough with all the supporting documentation.

 

[jo4977]

@eddie_IN_NL tnkx for your suggestion and you are correct...but at this last moment (our ITA will expire by 30/NOV) we just don't want another headache by fighting with the lawyer.so we decided to goahead with the same shithead.

 

[MooseNBooze]

If I understand this correctly, she worked for TWO different companies in that period, but the lawyer declared ONLY ONE company ? The points may not change since the overall experience is still one year, but your lawyer knowingly put the wrong information in the system. (likely because he/she is too lazy to put two separate entries ?).

Honestly, there isn't much the lawyer can do in this process, but the ONE THING he/she must do is to be thorough. This is one of the very few things a consultant or lawyer can actually help you with, that is by thoroughly reviewing your information and preventing you from making mistakes in your application and ensuring there are no inconsistencies. If he/she is not doing that, and from my understanding, he/she is clearly not doing this, they there is nothing they would actually help you with. They would only make your life worse (and you're paying for it!). Get rid of him/her.

There are better consultants/lawyers out there that can help you if you really need. But you're willing to use this forum you probably don't need one.

Regarding the ITA, you're probably still ok to accept if the points don't reduce, but put the right information in and be thorough with all the supporting documentation.

This is the correct response. Like I said earlier, the lawyer seems to be at fault here. I am a U.S. lawyer who's somewhat familiar with the Canadian legal system. The key thing is you probably are okay (this is not legal advice). I think you will be fine. Go ahead and submit your app with LOE regarding the discrepancy betwren the applicant's (your wife's) actual work experiences and what was entered n the EE profile. Since the EE profile data seems to be off just by a month, and since your wife has a longer experience than claimed in the profile, you should be fine. Unless, just to give you a caveat, your app gets reviewed by a really thick headed officer with an axe to grind.

Go ahead and apply. I am sending you good vibes. Your app doesn't deserve to be tossed out for such a simple and minor mistake. Best wishes to you.

 

[jo4977]

@MoozeNBooze..Thankx for your valuable comments.