What next? Can I do Appeal?

[ajnabee2]

Hi guys,

I have received mail from CIS as follow. Please have a look and tell me what should I do now? Can I go for appeal as they have wrongly calculated my years of work experience? I have total 4 years of experience and out of them, they have only calculated 1 year.


15 June 2011
 
Application: E0000*****


Dear ******:

I have now completed the assessment of your application for a permanent resident visa as a skilled worker. I have determined that you do not meet the requirements for immigration to Canada.

Subsection 12(2) of the Immigration and Refugee Protection Act (IRPA) states that a foreign national may be selected as a member of the economic class on the basis of their ability to become economically established in Canada. Subsection 75(1) of the regulations prescribes the Federal Skilled Worker class as a class of persons who are skilled workers and who may become permanent residents on the basis of their ability to become economically established in Canada.


Pursuant to the Immigration and Refugee Protection Regulations, 2002, skilled worker applicants are assessed on the basis of the requirements set out in subsection 75(2) and the criteria set out in subsection 76(1). The assessment of these requirements determines whether a skilled worker will be able to become economically established in Canada. The criteria are age, education, knowledge of Canada’s official languages, experience, arranged employment and adaptability.

Your application was assessed based on the occupation(s) in which you requested assessment. The table below sets out the points assessed for each of the selection criteria:


Points assessed ---Maximum
Age --- 10 out of 10
Education --- 25 out of 25
Official language proficiency --- 14 out of 24
Arranged employment --- 0 out of 10
Experience --- 15 out of 21
Adaptability --- 0 out of 10
TOTAL --- 64 out of 100



You have obtained insufficient points to qualify for immigration to Canada, the minimum requirement being 67 points.

You were assigned maximum points for Age and Education.

You were assigned 14 points for your official language proficiency. This assessment was based upon the language results on file. No points were assigned for your second official language.

No points were assigned for arranged employment.

You were assigned 15 points for 1 year work experience. The point assignment is based upon evidence of work experience. No points were assigned for any other work experience because your employment documentation did not provide sufficient evidence that you performed the actions described in the lead statement for the occupation or that you performed a substantial number of the main duties of the occupation as set out in the occupational description of the NOC, including all of the essential duties.

No points were assigned for adaptability.

You have not obtained sufficient points to satisfy me that you will be able to become economically established in Canada.

Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the regulations. The visa or any other document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. Subsection 2(2) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.

Following an examination of your application, I am not satisfied that you meet the requirements of the Act and the regulations for the reasons explained above. I am therefore refusing your application.

Note: Any different or new information that you submit cannot be taken into consideration.

Should you have different or additional information, you may wish to submit a new application. For up-to-date information on how to apply under the Federal Skilled Workers Class, please visit the website at: http://www.cic.gc.ca/english/information/applications/skilled.asp

There are many ways to immigrate to Canada. To learn more about your options, visit http://www.cic.gc.ca/english/immigrate/index.asp.

Thank you for the interest you have shown in Canada.

 

[sanity]

Can you give more information about your work experience and what was filled up in the form with supporting evidence? This will help in responding to the query

Sanity

 

[Cappuccino]

Reads to me as though you did not provide sufficient evidence of the other work experience. This evidence has to be work references on company headed paper clearly listing your length of service, salary and duties.

If you believe you provided enough evidence then I would contact CIC without delay to ask that your case is reconsidered, strongly listing all the evidence you provided and how you believe tihs evidence was sufficient.

If you omitted any of the work references I do not think you can appeal, since CIC will not accept any new evidence or documents once they have made a decision.

Best of luck,
Wayne.

 

[ajnabee2]

Thanks for your reply Cappuccino.

I have applied through an agent. I have already provided work experience letter with salary and list of duties on company's letter head along with length of service as well. I guess an agent did not take photographs of companies and mine working at company's office. Also, he did not ask about detail of company either. Did it matter?

 

[Cappuccino]

Thanks for your reply Cappuccino.

I have applied through an agent. I have already provided work experience letter with salary and list of duties on company's letter head along with length of service as well. I guess an agent did not take photographs of companies and mine working at company's office. Also, he did not ask about detail of company either. Did it matter?

You do not require photographys of you taken whilst working at the company, unless visa office ask for it (never heard of a case where they have - usually they just phone the employers to verify).

If you take a look here, CanadaJimmy has written an article on my blog explaining how to appeal an unfair NER (fax numbers etc):
http://get2canada.wordpress.com/how-to-deal-with-unfair-ner/


To have any chance of reconsideration you need to fax them ASAP. This assumes it's CIO stage - if it's the visa office stage then you need to contact the individual visa office.

Best of luck,
Wayne.

 

[sanity]

Wayne,

For my information please , if you provide employer reference/other docs to show the 'other' work experience not related to the NOC that the application is filed, is it necessary to mention it in the form 'Economic classes - Federal skilled worker' Question 11 , although it is not Skill 0, A or B ?

Can points be claimed for such experience?

Sanity