What is the appeal procedure in case of rejection for FSW applications?

[googleman]

Hi guys..
Any idea, as to how to contact the program manager???

By mail, I suppose. I thought your app was moving pretty fast. I guess there was too much gap between your internships, right?

 

[prcanada]

Actually no gaps.. It was continuous 1 year

 

[googleman]

Actually no gaps.. It was continuous 1 year

But 1 yr in two nocs? And you should also have worked for at least 1950 hrs.

 

[prcanada]

Yes actually it was 2 jobs in different NOCs, but I did both the jobs without any gap, i.e continuously for 1 year.. I think that should be any problem, since CIC accepts 2 NOCs, as long as it is continuous

 

[googleman]

Yes actually it was 2 jobs in different NOCs, but I did both the jobs without any gap, i.e continuously for 1 year.. I think that should be any problem, since CIC accepts 2 NOCs, as long as it is continuous

It isn't that important to work continuously for 1 year, because CIC allows short breaks between part time jobs, but what's important is how many hrs you worked and whether it adds up to approximately 1950 hrs. Often Canadian graduate teaching or research assistantships are a part time job of ten hrs per wk, which means you have to work for 4 to 5 yrs to have one yr full time work experience. The visa office checklist has recently changed, now specifically asking applicants to list weekly work hours on work experience letters. Yes, it's a little confusing. CIC advises us that there's no need to hire immigration consultants but it provides no help. It should provide at least a better guideline, especially for part time student workers who can't afford to hire consultants.

 

[chem.engineer]

Re: What is the appeal procedure in case refusal of FSW applications?

Hi all,
I have applied under FSW Program NOC 2134. On April 03 2014 my application has refused by CIO immigration officer due to total points scored 66. I made my application in December 2013 and my four years experience has completed in February 2014. Based on the date at which I made application, officer gave me 11 points for three years experience instead of 13 points for four years experience.

Keeping in view following facts, please tell me that can I appeal to get 13 points.
1). NOC 2134 capped date is 11 February 2014 (please verify also), if he reconsider my application made date in February 2014. I may get 13 points for four years experience.
2). I am still on same job and my experience was four years and one month on the date he made decision of my application. Also I may have more than 4.5 years experience on the date of visa issuance.
3). My aunt and cousin's family is in Canada to support me financially and socially, so there will be no problem for me to become economically stable in Canada.

What is the procedure to appeal against FSW application refusal, and what are chances of success ?


Regards,

 

[zardoz]

Re: What is the appeal procedure in case refusal of FSW applications?

Hi all,
I have applied under FSW Program NOC 2134. On April 03 2014 my application has refused by CIO immigration officer due to total points scored 66. I made my application in December 2013 and my four years experience has completed in February 2014. Based on the date at which I made application, officer gave me 11 points for three years experience instead of 13 points for four years experience.

Keeping in view following facts, please tell me that can I appeal to get 13 points.
1). NOC 2134 capped date is 11 February 2014 (please verify also), if he reconsider my application made date in February 2014. I may get 13 points for four years experience.
2). I am still on same job and my experience was four years and one month on the date he made decision of my application. Also I may have more than 4.5 years experience on the date of visa issuance.
3). My aunt and cousin's family is in Canada to support me financially and socially, so there will be no problem for me to become economically stable in Canada.

What is the procedure to appeal against FSW application refusal, and what are chances of success ?


Regards,

So, in fact, the refusal was correct. On the date that your application was submitted/received, you only had three complete years. On what legal basis do you consider the refusal to be incorrect?

 

[chem.engineer]

Re: What is the appeal procedure in case refusal of FSW applications?

So, in fact, the refusal was correct. On the date that your application was submitted/received, you only had three complete years. On what legal basis do you consider the refusal to be incorrect?

Following are some points to be considered.

1). NOC 2134 capped date is 11 February 2014, if officer reconsider my application made date in February 2014. I may get 13 points for four years experience.
2). I am still on same job and my experience was four years and one month on the date he made decision of my application. Also I may have more than 4.5 years experience on the date of visa issuance.
3). My aunt and cousin's family is in Canada to support me financially and socially, so there will be no problem for me to become economically stable in Canada.
4). Officers have rights of substituted evaluation.

 

[zardoz]

Re: What is the appeal procedure in case refusal of FSW applications?

Following are some points to be considered.

1). NOC 2134 capped date is 11 February 2014, if officer reconsider my application made date in February 2014. I may get 13 points for four years experience.
2). I am still on same job and my experience was four years and one month on the date he made decision of my application. Also I may have more than 4.5 years experience on the date of visa issuance.
3). My aunt and cousin's family is in Canada to support me financially and socially, so there will be no problem for me to become economically stable in Canada.
4). Officers have rights of substituted evaluation.

1) They will only work with the original date of the application. This is the way CIC deals with all applications. See http://www.cic.gc.ca/english/resources/manuals/op/op06c-eng.pdf - Section 11.3
2) See the answer to 1)
3) If you can't claim adaptability points for this, it's probably irrelevant.
4) Yes, they do. However, they would have already have considered this before issuing the refusal.
You could order your GCMS notes to find out what was taken into consideration.

 

[scylla]

I agree with zardoz - you were correctly refused. There's nothing to appeal.

 

[chem.engineer]

Re: What is the appeal procedure in case refusal of FSW applications?

1) They will only work with the original date of the application. This is the way CIC deals with all applications.
2) See the answer to 1)
3) If you can't claim adaptability points for this, it's probably irrelevant.
4) Yes, they do. However, they would have already have considered this before issuing the refusal.
You could order your GCMS notes to find out what was taken into consideration.

Thanks, can you kindly tell me what are GCMS notes and how can I order them.
Also can I hope for reopening of NOC 2134 requirement in May 2014.

 

[zardoz]

Re: What is the appeal procedure in case refusal of FSW applications?

Thanks, can you kindly tell me what are GCMS notes and how can I order them.
Also can I hope for reopening of NOC 2134 requirement in May 2014.

If you search the forum, you should be able to find the instructions for ordering the notes.
There is no evidence that there will be a new May 2014 FSWP. CIC may wait until EOI starts in January 2015.