FORUM MEMBER PLEASE GUIDE

[sherydesire]

I applied in Jan, 2010 ( FEDERAL SKILLED WORKER CLASS)
1st AOR on March, 2010
FULL DOCS visa office LONDON Oct, 2010
IN PROCESS FEB, 2011
NOC 4131: college and other vocational instructor

I am very sad, Today on 03 april, 2012 i recieved an email from visa office london in which i received the electronic copy of the letter, which has still not arrived by post as yet after more than a month. In this letter i am intimated that my case is accessed based on which i am not eligible for processing. The reason mentioned are

a) The main duties that you listed do not indicate that you performed the actions described in the lead statement for the occupation, as set out in the occupational descriptions of the NOC or that you performed all of the essential duties and a substantial number of the main duties, as set out in the occupational descriptions of the NOC 4131.

b)You have indicated that you have work experience in (an) occupation(s) with
the following NOC code(s): NOC 4131 - College and other vocational instructor. Although the NOC code(s) correspond(s) to the occupations specified in the Instructions, you do not have a minimum of one year of  continuous full-time, or equivalent part-time, paid work experience in the occupation(s) in the last ten years.

so you do not meet the requirements of the Ministerial Instructions and your application is not eligible for processing.

My PLEA AGAINST THE ASSESSMENT

I feel to have strong pleas against the assessment a) and b)

a) My duties were actually quite relevant to the lead statement of the occupation at least 70% match

b) At the time of application i had 2.5 years of experience of the relevant noc job, i am quite confused how had the visa office evaluated my experience letter. Now i have more than 4 years of experience which totally relevant.

QUESTIONS FOR FORUM MEMBERS

Q1 ) Do you people suggest me to appeal against visa office assessment and if yes to whom and if any precedent is available
 
Q2) What does case not eligible for processing means. Have they never started processing on my case, after recieving 2nd AOR in Feb 2011 on which i think the processing starts.

[sherydesire]

ANOTHER QUESTION

A) CAN I REQUEST FOR RECONSIDERATION SINCE I HAVE NOT RECEIVED LETTER AS YET BUT THE DATE OF ISSUANCE WAS 15 FEB MORE THAN A MONTH

[saahil]

Sherry,

Donot give up... if you think you are eligble and have performed the duties well...
shoot an email explaining to them... your situation.... mine was also rejected... but later on
my consultant sent them valid details along with proper explanation.. and iv heard
so many cases reconsidered.... after giving the right explanation... don worry....
do what best you can do..... be positive.. things will work.. have faith in god


saahil

[jnathan]

This is where it would be hard to demonstrate that you performed the duties that VO would believe you actually performed. 

[sherydesire]

thanx a lot i have certain more queries

Q) should i mail the reconsideration letter or deliver it my email at londoninquiry email because i came to know that all my docs are in corrier on the way back to pakistan.

Q) If i would have to mail the letter should i mail all the documents returning to me again

[info-gc]

They must have explained if their decision can be appealed and how.

In case the decision was final, the file will be closed and your only viable option would be to reapply, pay the processing fee again and again wait for them to process the new application.

[starme]

They must have explained if their decision can be appealed and how.

In case the decision was final, the file will be closed and your only viable option would be to reapply, pay the processing fee again and again wait for them to process the new application.

buddy, if u thinking of challenging the decision.

find, if therez some mistake made by the officer.

1. you cant challenge the decision BUT u can only challenge the way the findings which lead to refusal has been done.


gud luck.

[Rahul78]

thanx a lot i have certain more queries

Q) should i mail the reconsideration letter or deliver it my email at londoninquiry email because i came to know that all my docs are in corrier on the way back to pakistan.

Q) If i would have to mail the letter should i mail all the documents returning to me again

I will not even use the word challenge anywhere, I mean ANYWHERE..If you like your case to be "reconsidred", please send a polite detailed email back to the address from which you recieved the NER. Explain why do you think it should not be a PER and request them for a kind reconsideration. A good way to do this is to create a table with the following headers

1.S.No
2. NOC Applied
3. Your Duties
4. Year of Experience
5. Corresponding duties from the list of duties of that specific NOC
6. How it matches - common areas of work

Once you make this table and clearly outline what you intend to say, it should make more sense to the visa officer. A lot of times ( Including mine ) , an NER is primarily becasue of certain words/ jobs responsibilities that we use which are not in sync with what responsibilities of that particular NOC specifies. For eg: Business Solution Architect does the same work as what a Management consultant does. However Business SOlution Architect is not specified anywhere as a responsibility in the list of duties of that NOC but management consultant it. So you will write Business Solution Architect in Column No. 3 and Management in Column no.4 ( as stated above for the table ) and then you will need to articulate that its just a different word that you used but its the same work responsibility as stated in the list of duties for that NOC. By the grace of SAI BABA, I recieved PER after requesting reconsideration. I did the table thing.

Again, this is not a sureshot formula but I am sharing what worked for me and Wish and pray that it works for you too.

HOWEVER, we are standing in April and its just two more months before the MI3 ends. I am not sure which NOC you are applying but it may have already reached its CAP or may be not, I dont know. If it has not, PLEASE GO ahead and request RECONSIDERATION. But, if you are sure that your NOC might be in the revised list for NOCs in MI4 which will be July 2012, just wait 2 more months and preapre a SOLID Application this time and resend

You choose but in my mind, you can do either of the option

AGAIN GOD BLESS and all the best

[jnathan]

as starme and rahul said, you must have considerable and logical grounds for them to reopen your case.
there is actually no standard formula of getting the applications accepted. Its neither Pepsi nor Coke. this system has turned into more like a Lottery these days.