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Author Topic: Can we get refund after 120 days of documentation if not enough IELTS score?  (Read 882 times)
FTICS
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« on: July 23, 2009, 01:17:12 am »

Just wondered whether any one of you have idea about the refunding policy of the immigration right after 120 days documentation time frame? My problem is that I couldnot get sufficient IELTS score to make 67 but i have already forwarded my documents with IELTS report. The 120 days time frame has been crossed.

Thanks

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aanbaan
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Posts: 1065
Ratings: +2
Category........: FSW1
Visa Office......: New Delhi
NOC Code......: 0213
App. Filed.......: 17-Apr-2009
Doc's Request.: 14-May-2009
AOR Received.: 09-Jul-2009
Med's Request: 30-Aug-2009
Med's Done....: 05-Sep-2009
Interview........: NA
Passport Req..: 30-Aug-2009
VISA ISSUED...: 24-Feb-2010
LANDED..........: 08-Aug-2010

« Reply #1 on: July 23, 2009, 01:20:43 am »


yes.. there's a bright possibility that you money will be refunded
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My timelines: trackitt.com/member/aanbaan

I am not an expert. I have learnt from www.cic.gc.ca, EG7, OP6 and this forum. Use these resources and take your decisions.

Regards,
aanbaan
rely
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« Reply #2 on: July 23, 2009, 01:46:29 am »

First visa officer will check again on the basis of documents whether you fulfil requirement of Ministerial Instructions or not.If NOT your money will be refunded and application returned back to you.If you fulfil requirement of MI then further processing will start and at this stage your application will be refused for NOT scoring 67 pass marks becoz you have scored less in IELTS.MONEY WILL NOT BE REFUNDED IF REFUSED AT THIS STAGE.
rely

Just wondered whether any one of you have idea about the refunding policy of the immigration right after 120 days documentation time frame? My problem is that I couldnot get sufficient IELTS score to make 67 but i have already forwarded my documents with IELTS report. The 120 days time frame has been crossed.

Thanks


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aspire
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Posts: 987
Ratings: +16
Category........: FSW1
Visa Office......: London
NOC Code......: 3152
Job Offer........: Yes
App. Filed.......: 22-02-2009
File Transfer...: 29-03-2009
Med's Request: 21-01-2011
Med's Done....: 17-02-2011
Interview........: waived
Passport Req..: 30-03-2011(pspt submitted 09-04-2011)
VISA ISSUED...: 09-05-2011 (passport received 17-05-2011)
LANDED..........: 26-06-2011

« Reply #3 on: July 23, 2009, 04:27:22 am »

If you passed the initial asssessment stage which is done in Nova Scotia, you will no longer receive a refund of your application fee, if you decide to withdraw after that stage.

I suggest you take IELTS again, this time try to seek professional help from experts that can help you achieve a higher score.
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"Not my will but God's will be done..."
jtob
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« Reply #4 on: July 23, 2009, 05:24:17 am »

sorry guys, but i disagree, i think the processing of his application has not officially started yet until he has passed the visa office eligibility review. so his application fee is still refundable.
if he's found to be ineligible at the visa office review, his application will not be processed.therefore  will get a refund.
it says so in the AOR from the visa office, that they are reviewing the application and if found eligible, they will start to process the application and the 6 to 12 months as they promised will begin.
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FTICS
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« Reply #5 on: July 23, 2009, 05:43:44 am »

Thanks guys for your views.....

Cheers
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pgt
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« Reply #6 on: July 23, 2009, 05:52:26 am »

Take one  more attempt dear, Or you can request an extension also. Apply for an extension and start preparing for the exam, dont give up

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rajnik1976
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« Reply #7 on: July 23, 2009, 06:10:09 am »

jtob is right....atleast this is what OP6 says as well.
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zednought
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Posts: 48
Ratings: +1
Category........: FSW1
Visa Office......: London
NOC Code......: 0213
App. Filed.......: 07-11-2008
Doc's Request.: 16-06-2009
Med's Request: 17-11-2009
Med's Done....: 08-12-2009
Passport Req..: 04-01-2010
LANDED..........: 14-06-2010

« Reply #8 on: July 23, 2009, 07:08:36 am »

jtob isn't quite right. The process is as follows:

The local visa office conduct a paper-based review to ensure all the submitted documents meet the ministerial instructions (basically are you in the list of 38).
If not your application is rejected and a refund is issued. If YES, you're placed into processing and an AOR is issued. You have small window of opportunity to with withdraw your application at this stage and get a full refund. If FTICS does not request a withdrawal he/she will not obtain a refund.

The paper-based review does not assess points, medical, security or any other requirement of immigration. So if you later don't make the language grade and are rejected you will NOT get a refund.
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jtob
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« Reply #9 on: July 23, 2009, 08:18:38 am »

zednought,
if you have received your AOR from the visa office. i'm sure it says that " we have received your application and we are assessing your eligibility and if you are eligible we will start processing your application" or something like that.

they will give you an AOR even before they have assessed your application for eligibility. if you have not reached the required 67 points because of a low score in IELTS they will find you ineligible for processing therefore will return your application and fee.

once they have found you eligible they will start processing and will proceed to the background check, medicals and security checks, and this is where your application fee is now non refundable.
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zednought
Full Member
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Posts: 48
Ratings: +1
Category........: FSW1
Visa Office......: London
NOC Code......: 0213
App. Filed.......: 07-11-2008
Doc's Request.: 16-06-2009
Med's Request: 17-11-2009
Med's Done....: 08-12-2009
Passport Req..: 04-01-2010
LANDED..........: 14-06-2010

« Reply #10 on: July 23, 2009, 04:01:06 pm »

jtob,

I thought OP 6 was clearer on this matter, having re-read it I have to say it isn't. However, my interpretation remains the same.
If the paper based review is positive the visa office will mark your file PSDEC 1, you're in processing and an AOR will be issued. Alternatively, the visa office mark
your file PSDEC 2 and a refund is issued. Beyond this point CIC get to keep your money regardless of the outcome unless you withdraw your application.

I have to concede though that your view may well be right. They don't make this easy do they?



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Leon
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« Reply #11 on: July 24, 2009, 03:19:45 am »

It depends on when CIC considers "processing" to have started.  Is it at the point the file was transferred to the visa office or is it later, like when they get your documents.  This depends on CIC's definition.  I don't know the answer to that.  Did anybody here cancel an application during the 120 days or let the 120 days expire and got the processing fee back?
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PR=Permanent resident - TFW=temporary foreign worker
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PMM
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« Reply #12 on: July 24, 2009, 02:09:31 pm »

Hi

sorry guys, but i disagree, i think the processing of his application has not officially started yet until he has passed the visa office eligibility review. so his application fee is still refundable.
if he's found to be ineligible at the visa office review, his application will not be processed.therefore  will get a refund.
it says so in the AOR from the visa office, that they are reviewing the application and if found eligible, they will start to process the application and the 6 to 12 months as they promised will begin.

Nope soon as they look at the application, it is processed after the 120 days, if the OP didn't qualify, s/he shouldn't have submitted the application, and withdrew it.  IMHO s/he is not getting a refund..

PMM
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PMM
jtob
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« Reply #13 on: July 25, 2009, 04:48:21 am »

here's what i read from the OB120 dated june 15, 2009 egarding refunds.

These refund procedures are triggered by one of the following events:

   1. Applicant submits a request to withdraw the application (before processing begins);
   2. Applicant does not submit complete application package (including supporting documents) within the 120 s and visa office determines the application is NOT eligible for processing;
or
   3. Visa office determines the application is NOT eligible for processing upon review of applicant's submission.

Reviewed: Applicant was provided with 120 s to submit complete application kit and supporting docs. 120 s have elapsed and applicant has not submitted complete kit. Based on review of info available, not satisfied appn is eligible for processing. Processing has not begun. Applicant is eligible for refund of processing fees. Refund request sent to CIO-Sydney.

so definitely processing has not started until you have passed the visa office eligibility review..

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