Our immigration lawyer (David Cohen) has refused to represent

[rajnik1976]

Dear All,

I was thinking to apply for Canadian immigration through the famous immigration lawyer - David Cohen but he has refused to represent our case on the grounds that he is afraid that our application is likely to be refused.

We want to claim points as follow:

Principal applicant Age: 32 years            Points: 10
Education: Masters Degree                    Points: 25
English Language:                                Points: 12
Experience: more than 4 years               Points: 21 
Spouse education: Bachelors Degree       Points:   4
 
Total points: 72

The problem is with my work experience. I have worked with a College here in Ludhiana (India) as a Lecturer in Physical Education department during from August-1999 to Feb-2000 AND  from August-2000 to March-2001 on adhoc (temporary) basis. The college has issed me a work experience certificate stating:

"She has worked with us as a Lecturer - Physical Education during academic sessions 1999-2000 & 2000-2001 on temporary basis" 

Since they have not specified any dates on the letter instead they have mentioned I have worked with them for 2 academic sessions..........so Can I get through with this letter?

Mr. David Cohen has said NO because as per him CIC is enforcing this rule very tightly.

Seniors what do you think about this........please help. 

 















 
                           

[aanbaan]

i think you can get away with this. try it...

but, Davis Cohen is a very experienced lawyer. You must not take his word lightly.

My suggestion.. you really want to try... try... even if they reject, they will refund all the money... and you will not be in a worse position that what are in right now

[Fede]

But on your points calculation you are claiming more than 4 years experience. Maybe you could claim experience elsewhere.

[juanda78]

Hi,

I guess the problem is that you are claiming 4 years of continous work experience. Your own work experience letter states that you work on a temporary basis, for 7 months and then for 8 months. Why are you claiming 4 years? Your experience also needs to be "continuos". Like somebody said, if he thinks you are not eligible, maybe you are not right now. I personally don't think you are eligible either. But if you still want to apply, go ahead. Worst Case Scenario, Sidney will deny your application, and you will just have to wait for your refund for a couple of weeks.

Regards.

[rajnik1976]

Thanks for your comments friends.

Let me tell you all something why I am claiming 21 points.
Since April 2001 I am employed as Secondary teacher and Secondary teachers's are NOC 4141 and under skill type-A. My total work experience is around 10 years (including 1.5 years as a college lecturer) that is why I am claiming 21 points.

You are also right that I do not have one year continuos work experience but yet again the College has stated I worked for them for 2 academic sessions so perhaps this helps.

I am going to take my chance and apply with CIC - NS. Thanks guys.

[PMM]

Hi

quote author=rajnik1976 link=topic=21886.msg112328#msg112328 date=1247501500]
Thanks for your comments friends.

Let me tell you all something why I am claiming 21 points.
Since April 2001 I am employed as Secondary teacher and Secondary teachers's are NOC 4141 and under skill type-A. My total work experience is around 10 years (including 1.5 years as a college lecturer) that is why I am claiming 21 points.

You are also right that I do not have one year continuos work experience but yet again the College has stated I worked for them for 2 academic sessions so perhaps this helps.

I am going to take my chance and apply with CIC - NS. Thanks guys.




[/quote

Look at the dates that you list, you don't have 1 years continuous work in the NOC that you are claiming.  Cohen is probably right, but it is your time to waste.

PMM

[ADA]

Need 1 FULL CALENDAR year worth of experience..Otherwise it will be difficult

[Leon]

Time wasted or not, if you don't try you'll never know.  Other people have been told not to apply because they surely would be refused and they did and some of them did get refused but some got accepted.  Never know if you don't try.  If you are rejected, they refund your fees anyway so you have nothing to lose but time.  If it doesn't work out, get the 1 year continous experience and then try again.

[rupeshhari]

It looks like you need one year of continuous of full time work experience or equivalent in part time. I am not sure what the equivalent in part time means, does it mean 2 years of part time work experience with no break or does it mean two part time jobs in the same year where a person holds two jobs at the same time.

Anyway, the fact that you have a break in the middle makes it difficult. You can read up more on it here.
http://www.cic.gc.ca/EnGLIsh/resources/manuals/op/op06-eng.pdf

I would appreciate it if someone can tell me what exactly the equivalent in part time experience means. Can it be two years of non-stop part time work?

[BobbyB]

Time wasted or not, if you don't try you'll never know.  Other people have been told not to apply because they surely would be refused and they did and some of them did get refused but some got accepted.  Never know if you don't try.  If you are rejected, they refund your fees anyway so you have nothing to lose but time.  If it doesn't work out, get the 1 year continous experience and then try again.

rajnik1976,

If I were you, I would go with LEON's Version.
Sometimes you just have to "gamble", irrespective of the outcome, especially when your position is such that you do not loose your initial stake.

Please note that, I am neither challenging nor doubting Mr David Cohen's decision.
Good Luck.

[rupeshhari]

Rajnik, this might help. See oP6

be full-time work, which, according to R80(7), is equivalent to at least 37.5 hours of paid work
per week. Full-time work experience requirement may be met by the equivalent in part-time
paid work experience, e.g. two part-time jobs held simultaneously. Experience can be
calculated by adding up the number of weeks of full-time work, i.e. 37.5 hours per week in
one job or a total of at least 37.5 hours per week in more than one job, in one or more of the
NOC categories. Periods of work of less than 12 months during the 10 years immediately
preceding the date of the application may be added together and divided by 12 to calculate
the number of years.

The last sentence might give you some heart. This is for the work experience for points, perhaps the equivalency works for ministerial instructions too.

[PMM]

Hi

Rajnik, this might help. See oP6

be full-time work, which, according to R80(7), is equivalent to at least 37.5 hours of paid work
per week. Full-time work experience requirement may be met by the equivalent in part-time
paid work experience, e.g. two part-time jobs held simultaneously. Experience can be
calculated by adding up the number of weeks of full-time work, i.e. 37.5 hours per week in
one job or a total of at least 37.5 hours per week in more than one job, in one or more of the
NOC categories. Periods of work of less than 12 months during the 10 years immediately
preceding the date of the application may be added together and divided by 12 to calculate
the number of years.

The last sentence might give you some heart. This is for the work experience for points, perhaps the equivalency works for ministerial instructions too.

Nope, the Ministerial instructions are "continuous"

PMM

[jtob]

a lawyer who refuses to accept your money and represent you because he thinks your case is unwinnable is a good one. it means he's not only after the money.

[mbomuluh]

Well, I think so too...a bad lawyer will just take your money and deceive you that things can work out..anyway...you could try on your own but I am sure it might not go through!

[rupeshhari]

a lawyer who refuses to accept your money and represent you because he thinks your case is unwinnable is a good one. it means he's not only after the money.

This is true. This speaks volumes about his integrity.