i just receive a refusal letter

[tertera]

dear friends ,
i need some one to help me .i had applied in 12-2005 as a skilled worker in Cairo office .my file was updated in 2-2010.my brother in law (husband brother )has received his Canadian pr in 12-2007.i received a refusal letter in 14-9-2010.i got only 63 point in the assessment   .
the assessor assessment is
              Points assessed   Maximum possible
AGE                         10                             10
EDUCATION                   20                      25
LANGUAGE               8                     24
EXPERIENCE            21                     21
ADAPTABILITY            4                      10
Arranged employment      0                     10
TOTAL                       63                      100


If you please I like bring to your attention:  
AGE                                10
EDUCATION                      20
LANGUAGE                        8
EXPERIENCE                21
ADAPTABILITY                4
RELATIVE IN CANADA  
      (BROTHER IN LOW)         5
TOTAL                         68

as you see the assessor dose not add the five points for the relative in Canada according to  the rules of the immigration at the site of the cic.i send an inquiry to the office in 14-9-2010  and followed by another on in 19-9-2010 but until now i did not receive any reply .i do not know what to do .thanx for your help  

[wxyz123]

i think brother in law doesnt count. only real brother or sister counts

[canada_dream100]

i think brother in law doesnt count. only real brother or sister counts

brother-in-law is spouse real brother, and if spouse is part of application, then can applicant count those points?
may be seniors can share better answer.

[wxyz123]

brother-in-law is spouse real brother, and if spouse is part of application, then can applicant count those points?
may be seniors can share better answer.

i think spouse didnt apply in this case

[canada_dream100]

i think spouse didnt apply in this case

you are 100% correct, but account statement of spouse is accepted as POF (in that case also spouse is not applicant).
Sometimes legal advice/information of seniors like PMM shows hope when all doors seems shut. I intend to seek their view.

[Skeptic]

brother-in-law is spouse real brother, and if spouse is part of application, then can applicant count those points?
may be seniors can share better answer.

Seems like it to me:

Relatives in Canada
You, or your accompanying spouse or common-law partner, have a relative (parent, grandparent, child, grandchild, child of a parent, sibling, child of a grandparent, aunt or uncle, or grandchild of a parent, niece or nephew) who is residing in Canada and is a Canadian citizen or permanent resident.

From http://www.cic.gc.ca/english/immigrate/skilled/factor-adaptability.asp

[Sisifo]

Taken from the EG72010 manual on the CIC site

E. Relatives in Canada:
 You or your accompanying spouse or common-law partner has a relative, i.e., parent, grandparent, child, grandchild, child of a parent, (sibling), child of a grandparent, (aunt/uncle), or grandchild of a parent, (niece or nephew), who lives in Canada and is a Canadian citizen or permanent resident.

So your spouses brother would qualify for additional 5 points.

However it is possible that you are being assessed on the basis of your initial 2005 application when you did not have a relative in Canada. CIC rules do state that you need to have the required points at the time of initial application. So should your processing have started then you would have been rejected right away for lack of points. That could be the reason why it has been rejected now.

Having said that , you have nothing to lose to keep querying by email/fax your visa office about why your brother-in-law was not taken into consideration in your case and that he would have provided the required points.

cheers

[canada_dream100]

I think I missed important point, applicant applied in 2005, their relative got PR in 2007 & case got rejected in 2010.
When application was filed that time, they most probably did not referenced their relative as PR holder (in 2005), so VO did not count those points.
Applicant might become eligible, if they appeal for reconsideration [this is wild guess]. Legal view of seniors might be helpful.

[saedmahraan]

I  think   he  has  the  right  to  add 5  points   

simply    language    points  may  vary   from initial application 


if  not   
what is  the  importance   of  updating  documents  ?

[tertera]

i did not mention that i had send an e- mail to the visa office in 2 2008 telling them about my husband brother and the following was there reply  (Yes. Please send evidence of relationship with relative, proof of his residence in Canada and a copy of his Canadian passport or PR card.
 
Regards,
Visa Section  )

[fernendez]

Did you get to the medical stage?
I think you need to send them an email as well as a letter quoting *You, or your accompanying spouse or common-law partner, have a relative (parent, grandparent, child, grandchild, child of a parent, sibling, child of a grandparent, aunt or uncle, or grandchild of a parent, niece or nephew) who is residing in Canada and is a Canadian citizen or permanent resident*, it has to be strongly worded though as i have read that they changed a decision in the past.If you need help, i don't mind helping you with constructing your email. You do not necessarily need a lawyer as they will charge you and it might be alot.

[Sisifo]

Did you send them the evidence as requested ??

If you still have the copy of that email , include that in your reply to CIC as it is proof that they have acknowledged that you can include it.

More importantly is your brother-in-law working in Canada ??

[jignesh79]

i think spouse didnt apply in this case

But, I think in form it is asked as DO YOU OR YOUR SPOUSE HAVE ANY RELATIVES IN CANADA? But, that member should be PR or Citizen.

[asyousuf]

dear friends ,
i need some one to help me .i had applied in 12-2005 as a skilled worker in Cairo office .my file was updated in 2-2010.my brother in law (husband brother )has received his Canadian pr in 12-2007.i received a refusal letter in 14-9-2010.i got only 63 point in the assessment   .
the assessor assessment is
              Points assessed   Maximum possible
AGE                         10                             10
EDUCATION                   20                      25
LANGUAGE               8                     24
EXPERIENCE            21                     21
ADAPTABILITY            4                      10
Arranged employment      0                     10
TOTAL                       63                      100


If you please I like bring to your attention:  
AGE                                10
EDUCATION                      20
LANGUAGE                        8
EXPERIENCE                21
ADAPTABILITY                4
RELATIVE IN CANADA  
      (BROTHER IN LOW)         5
TOTAL                         68

as you see the assessor dose not add the five points for the relative in Canada according to  the rules of the immigration at the site of the cic.i send an inquiry to the office in 14-9-2010  and followed by another on in 19-9-2010 but until now i did not receive any reply .i do not know what to do .thanx for your help  

You need Blood relation

[igbehinadara]

THIS IS REALLY SAD AFTER WAITING FOR MORE THAN 4YRS.I THOUGHT WE ARE GIVEN THE OPPORTUNITY TO UPDATE BECAUSE OF THINGS LIKE THIS.I AM 2005 FEB FROM NIGERIA AND THIS HAS REALLY GOT ME WORRIED.THE IELTS TEST HAS BEEN TAKEN AND GOT 7.5,ARE WE NOW SUGGESTING THAT,THE TEST WILL NOT BE TAKEN INTO CONSIDERATION?WHEN WE APPLIED IN 04 NOV,WHAT WAS OBTAINABLE IS AN EXPLANATION TO SHOW YOU HAVE BEEN TAUGHT ENGLISH.i WONDER WHAT THAT IS GOING TO SCORE US.

age 10

work experience 21

adaptability 4
language ?
education 22

People let me know your take on this.


Ig