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urgent:CEC refused by IMMIGRATION OFFICER's mistake

kissesem

Newbie
Jun 16, 2011
2
0
My CEC has been refused!!by a visa officer's mistake!!!The VO think my IELTS is not enough,and directly made decision to refuse. I just got the letter......so lost.............the only reason the VO mention on the refused letter is my IELTS is not good. But based on the IMMIGRATION GUIDELINE my IELTS is good.

I send the fax and email to the visa office, detroit-im-enquiry @ international.gc.ca

What to do ????Anyone can help??????I cannot afford 4000$ to appeal on court!!!

My IELTS is

S:6.5

R:6

L:6.5

W:5.5


Using NOC 0611(sales and promotions coordinator) and NOC 1221(Administrative officer)

What to do?anyone?
 

Leon

VIP Member
Jun 13, 2008
21,950
1,319
Job Offer........
Pre-Assessed..
Your IELTS is good, according to the application guide at http://www.cic.gc.ca/english/pdf/kits/guides/5609E.PDF

It says:
If you have qualifying Canadian work experience at Skill Type 0 or Skill Level A of NOC, your test results must match the CLB/NCLC below (see chart):
o 7 or higher for each of the language abilities, or
o 6 for any one of the language abilities, 7 or higher for any other two of those abilities and 8 or higher for the remaining ability,
The table is here:

NOC CLB Test results for each ability
Levels Speaking Listening Reading Writing
0,A 8 6.5 7.5 6.5 6.5
0, A 7 6.0 6.0 6.0 6.0
0,A,B 6 5.5 5.5 5.0 5.5
B 5 5.0 5.0 4.0 5.0
B 4 4.0 4.5 3.5 4.0

Send them a copy of the table where you have highlighted your scores and the text above and tell them that they must have made a mistake because according to this, your IELTS is ok.
 

kissesem

Newbie
Jun 16, 2011
2
0
Im send them email/fax, i dont if someone will make it right , anyone has experience before? WIll they make it right to reopen my case?


If I appeal in court, and I win, am I still at risk the Visa officer chose something else to refuse me, like working experience,etc.

So lost,,,,,,please advise me.
I cant sleep every night....
 

Pouce

Star Member
Apr 17, 2011
184
4
123
BC
Category........
Visa Office......
Seattle
NOC Code......
science
Job Offer........
Pre-Assessed..
App. Filed.......
03-May-2010
AOR Received.
03-Aug-2010
File Transfer...
03-Mar-2011
Med's Request
21-Sep-2011
Med's Done....
16-NOv-2011
Interview........
waived
Passport Req..
09-July-2012
VISA ISSUED...
02-Aug-2012
LANDED..........
12-Aug-2012
Hi
in the website says,
If you have qualifying Canadian work experience at Skill Type 0 or Skill Level A of NOC, your test results must match the CLB/NCLC below (see chart):
o 7 or higher for each of the language abilities, or
o 6 for any one of the language abilities, 7 or higher for any other two of those abilities and 8 or higher for the remaining ability,

it means, you are just qualified to apply for CEC but not guarunteed your english skill is good enough to do as a manager? maybe? they decided that for the person in skilled 0 and A need more English proficiency? i dont know. bringing to the court? i dont think you will win this case.
 

rjessome

VIP Member
Feb 24, 2009
4,354
213
Job Offer........
Pre-Assessed..
This is text from the Operational Manual regarding CEC:

 For applicants with qualifying Canadian work experience at Skill Type 0 or Skill
Level A of NOC [R87.1(2)(b)(i)], they must obtain a benchmark of:
 7 or higher for each of those abilities; or
 6 for any one of those abilities, 7 or higher for any other two of those abilities and
8 or higher for the remaining ability.
 For applicants with qualifying Canadian work experience at Skill Level B of NOC
[R87.1(2)(b)(ii)], they must obtain a benchmark of:
 5 or higher for each of those abilities; or
 4 for any one of those abilities, 5 or higher for any other two of those abilities and
6 or higher for the remaining ability.
If an applicant has work experience in both NOC 0 or A and NOC B, the applicant must
satisfy the officer that they meet the minimum language requirement for the skill
type/level in which they have obtained most (i.e., more than half) of their work experience
[R87.1(3)(g)].

From what you have written, you are using work experience from jobs in Skill levels 0 and B. You must meet the language benchmarks for the job where you worked the MOST hours. If the majority of your work was in a Skill level 0 position, you need IELTS scores of 6 or higher in ALL of the categories OR 5.5 or higher in 1 ability (except reading where a 5.0 will give you the equivalent of a 6 for the Canadian Language Benchmark - CLB), 6 or higher in 2 of these abilities (for a CLB score of 7) and 6.5 or higher in 1 ability (for a CLB score of 8) EXCEPT in reading where you need an IELTS score of 7.5 to get an 8 for CLB.

It looks to me like you made it. Send a fax immediately to the visa office, Attention: Program Manager and request a reconsideration of the decision explaining how you HAVE met the language requirements for BOTH skill levels. Mark it URGENT as you don't have much time to get them to take another look at this. Make sure this letter is well written and explains things clearly.
 

ae03yy

Hero Member
Oct 6, 2010
781
24
Canada
Category........
Visa Office......
Seattl
Job Offer........
Pre-Assessed..
VISA ISSUED...
Oct 18, 2011
i think you can fax VO a letter where you clearly demonstrate that you have what it takes in terms of language according to the Guide and Operational Manual and the reason of refusing you PR doesn't make sense. I would even quote what they both say and explain your test results met those criterias. Send it quickly to the manager of Immigrattion section. Ask them if they can review your file so as to understand your claim and ccontact you again.
 

prilo

Member
Jul 7, 2010
14
0
It seems like they are keep making this mistake. This mush be a new VO and she might be confused by CLB and IELTS score.
I heard this before and that guy get it corrected. So i think you will be ok once you send the request to the program manager .
 

L_L

Newbie
Jul 16, 2011
4
0
Hi kissesem, is your case ressolved?
My overall IELTS test score is 6.5 for Skill Type A (NOC 5124 Communications Specialist), and each is:
S: 7
W: 6.5
R: 6.5
L: 6

My lawyer said the evaluation is like black/white: you either meet the criteria or you don't; there is no higher or lower score. That's why I submitted my application.
But your case raised my concern since my job title sounds like requiring high language proficiency but I just didn't do really well on the test.

Now I think I'd better re-send my higher score obtained after my application (S:7, W:6, R:7, L:7) to CIC once I receive my File Number.

Best of luck to you!