My Application for Immigration got REJECTED

[reddy1234]

I Have applied for Immigration to canada in October 2009, I have received my file number in December 2009.

I had 120 days to submit all my documents, when i forst submitted my documents i was not married, when i submiotted my second set of documents i got married and have sent the delhi office all the set of papers, passport, educational documents, marriage certificate and bank and others.

On 20/11/2010 I received a letter from delhi office saying that i do no meet the required points and the application is rejected.

Whe I appliedc for my visa i had 69 points according to their calculator on web site.

age 10
education 25
work experience 21
english 10
adaptability ( spouse) 3

total 69 poinhts

based on the points then only i have applied for my visa and sent them the visa for my wife.

The letter i received on 20/11/2010 says

age 10
education 25
work experience 21
english 10
adaptability ( spouse) 0
total 66 points and you are not qualified for the immigration to canada

am really surprised, confused and disapointed with the service they are providing, when i have 69 points how can they say i only have 66 points this is unfair.
i dont know what to do now, whom should i contact for justice, i have spent lot of money for this visa and been waiting for god news for last one yr, i cannot afford to loose this one, it will shatter my dreams.

please someone advice me how to approach anyone or whom to contact and what i should do to get my visa back....please help me.

[saki]

Hi

Sorry to hear that , when you sent your full docs did you sent your spouse education documents ? the rejection is because they are not giving you the points of your spouse qualification which could either you didnt submit your spouse educational docs or something else.

Cheers
Saki

[reddy1234]

I have sent all the educational documents of my spouse , work exprience, passport photocopy, application fees for my wife, police clearance from india.

after sending all the documents they should have added points to my spouse.

dont know why did they do that to me.

[saki]

Hi,

I think you have a case to appeal,  but remember if you appeal it will take 1 yr to get a decision and will cost you $3000 CAD as well, contact the visa office and send them a request in writing to re-open your case as they have made a mistake in counting your points.

Cheers
Saki

[reddy1234]

Thanks for the advice i will call the visa office on monday and ask them the formalities to reopen the case, thanks a lot.

[fernendez]

How are you claiming 3 points for spouse?

[reddy1234]

my spouse had done her Intermidiate, wehich is 10 + 2, under the canadaian web site it says if spouse have 12 yrs of full time study they will get 3 points

if they have 15 yrs education they will get 4 points

if they have 16 yrs education they will get 5 points

if they have 10 yrs of education they will get 2 points

[saki]

my spouse had done her Intermidiate, wehich is 10 + 2, under the canadaian web site it says if spouse have 12 yrs of full time study they will get 3 points

if they have 15 yrs education they will get 4 points

if they have 16 yrs education they will get 5 points

if they have 10 yrs of education they will get 2 points

That is the mistake you cant claim 3 points , to claim three points she needs to have

A one-year diploma, trade certificate, apprenticeship, or university degree and at least 12 years of full-time or full-time equivalent studies: 3 points

And your spouse just have 10 + 2 = 12 no diploma.

Cheers
Saki

[reddy1234]

in india 12 yrs of study is called intermidiate which is equals to 12 yrs of full time study

am pretty sure on this as one of my friend got three points for his spouse, she also have 12 yrs of education which is intermidiate and he got his medicals

ok even if they dont consider that 12 yrs, they can consider her schooling which will fetch her 2 points as the schooling is for 10 yrs full time

that way also i should get my visa as i will get 68 points in that case

[saki]

in india 12 yrs of study is called intermidiate which is equals to 12 yrs of full time study

am pretty sure on this as one of my friend got three points for his spouse, she also have 12 yrs of education which is intermidiate and he got his medicals

What i have quoted is directly from CIC guide lines and as it says one should have 12 + either a diploma or a university degree to claim 3 points. Your friend must have shown a diploma or he just got lucky to get away with it.

Cheers
Saki

[wxyz123]

What i have quoted is directly from CIC guide lines and as it says one should have 12 + either a diploma or a university degree to claim 3 points. Your friend must have shown a diploma or he just got lucky to get away with it.

Cheers
Saki

i think saki is correct

[maran1976]

Hi Reddy,  you have misunderstood the clause

A one-year diploma, trade certificate, apprenticeship, or university degree and at least 12 years of full-time or full-time equivalent studies: 3 points

It means that the basic requirement is a 1yr diploma or trade certificate or apprenticeship or univ degree  AND atleast 12yrs FT

Its not 'Or' there is an 'AND'   , so you need to have atleast one of the things before the 'AND' alng with 12yrs FT.
In your case, your wife has only 12yrs FT and neither has a TC, App, Univ Deg etc... So, no points !

[ajay4nicky]

hi reddy,

it is very sad to hear that your file got rejection on ground of point based system.

but, my dear according to the cic website you can claim three points on behalf of your wife's education if she had done 12year full study and having a university degree or any trade diploma.
bye

ajay

[reddy1234]

ok i will agree with you all, however she had 10 yrs of education as per the cic she can get 2 points for that, cic never considered any points in her case and it is showing 0, they didnt even mentioned that you cant claim points on your wifes education.

[Dr.Hasib]

ok i will agree with you all, however she had 10 yrs of education as per the cic she can get 2 points for that, cic never considered any points in her case and it is showing 0, they didnt even mentioned that you cant claim points on your wifes education.

No, she will not get 2 points from her 10 years(secondary) education. Even 12 years (10+2) is not enough without a diploma. The booklet (EG7) clearly stated:
Spouse or common-law partner's level of education
 Secondary school (high school) diploma or less: 0 points
                                   http://www.cic.gc.ca/english/information/applications/guides/EG72.asp
I know , you are broken hearted, but i must say, your rejection was right decision made by VO.
Dont go for appeal, if your NOC is under current eligibility list then apply again will higher IELTS score (12 points from IELTS will make 67 for you)
Wish your good luck.