qorax, PMM ,seniors and all please Help!!!!

[noolan]

Dear All,

My brother applied under NOC 3112 skilled worker category in November 2010. I used my Credit card to pay for his, his spouse and 2 kids application fee of $1400. My card was charged on 29th November 2010. my brother got a job in another country and was very busy with life in new country. Also, I was also busy with life in Canada. My brother got an email on 14th of July, saying that the assessment was done and the CIC Nova Scotia is refusing his application. my brother was awarded 63 points and it was mentioned that they are NOT giving him any points for Relative in Canada. The letter says

''No points were assigned for Relative in Canada as insufficient proof was submitted that ........... is your relative or that he is in Canada''.

I submitted my copy of My Permanent resident card, My landing Paper,My passport, my 3 months bank statements, my credit card statement, and also I was his representative, submitted the representative form mentioning I am his brother. Also my brother had to submit an official document from the government showing the family tree of our family. 
I am really surprised. its was a dream for all of us and now it has been shattered with no fault of us....
Can any one please help me as to what can be done to correct this error?  if they refuse the visa, they should have returned the 1400 dollars they deducted, but they have not done that. I am not worried about them, but would like to go to anywhere to correct this error......

please help and Thanks in advance to all......

[noolan]

The address on the email is my job's address in Canada, which i used as my mailing address as representative.
If his application and documents were incomplete or if he had not >67 marks to begin with, why they did not say it in November. 2010 and why the application processing fee was charged? because according to the new rules if you cannot make to 67 points, your application will be returned and your fee will also be refunded. but that was not done in November, 2010.
   

[mandiebraxton]

When did u submit the docs to CIO? Have you had any response? If ur brother did not submit sifficient evidence as proof of relationship in Canada, he won' get any point. The fact that u paid with ur CC is not sufficient evidence(if any at all) of relation. Point is if sufficient evidence was not provided at time or application, CIO won't revert their decision. The onus is on the applicant to proove beyond any reasonable doubt that they made a mistake in their assessment. Or ur bro shd just make a fresh application with all the evidence. They will return the pack and give u a refund. Time is of the essence here...u got to decide....Mandie

[noolan]

Thanks for your eply mandiebraxton,
 we submitted documents in November 2010.
This was the first response we got....

I submitted my copy of My Permanent resident card, My landing Paper,My passport, my 3 months bank statements, my credit card statement, and also I was his representative, submitted the representative form mentioning I am his brother. Also my brother had to submit an official document from the government showing the family tree of our family.

What else I could have showed to prove that I am his brother?? This is what they ask for.....as far as I know, and this is what we submitted....

[mandiebraxton]

Right, if the right evidence were submitted with initial appl then u shd push for a reconsideration cos CIO err in thier assessment as well. When did u contact them abt the NER? There is a thread by Kan2008 abt unfair NER, that might help u to understand how people's negative decisions were reverted. This might be informative. Wait for CIO's response to decide the next action...Mandie

[shaikh sahib]

Thanks for your eply mandiebraxton,
 we submitted documents in November 2010.
This was the first response we got....

I submitted my copy of My Permanent resident card, My landing Paper,My passport, my 3 months bank statements, my credit card statement, and also I was his representative, submitted the representative form mentioning I am his brother. Also my brother had to submit an official document from the government showing the family tree of our family.

What else I could have showed to prove that I am his brother?? This is what they ask for.....as far as I know, and this is what we submitted....

go for appeal immediate without any delay. it was may be overlooked by the visa officer

[PMM]

Hi

go for appeal immediate without any delay. it was may be overlooked by the visa officer

He didn't submit any documents it would appear that show that they have the same father or mother.  So without that, no proof of the relationship.

[noolan]

Thanks sheikh sahib,

mandiebraxton told me about the NER and I will call cic tomorrow, and will ask if anything could be done. Also i am looking into going to court.

Any help will be appreciated....

go for appeal immediate without any delay. it was may be overlooked by the visa officer

[noolan]

Thanks PMM,

what about my passport copy having our father name which I submitted? it also have the same permanent address.  FORM B, a legal document in most common wealth countries as a proof of family configuration? Also in the application he gave all the details and addresses of brother and sisters? mentioning my name. DOB and address as Canada?
I dont know what else could prove that i am his brother? how difficult it would be for immigration people to verify from my permanent resident card/landing paper that what my brother submitted is correct ?

Hi

He didn't submit any documents it would appear that show that they have the same father or mother.  So without that, no proof of the relationship.

[PMM]

Hi

Thanks PMM,

what about my passport copy having our father name which I submitted? it also have the same permanent address.  FORM B, a legal document in most common wealth countries as a proof of family configuration? Also in the application he gave all the details and addresses of brother and sisters? mentioning my name. DOB and address as Canada?
I dont know what else could prove that i am his brother? how difficult it would be for immigration people to verify from my permanent resident card/landing paper that what my brother submitted is correct ?

Nope, you would need both your and your brothers birth certificates showing the same father or  each 10+ showing the father's name.  Passports are not proof of relationship. His writing down your name and address as his brother is not proof of anything.  It is not CICs job to prove the relationship, it is up to your brother to prove the relationship if he wanted the 5 points.

[qorax]

Dear All,

My brother applied under NOC 3112 skilled worker category in November 2010. I used my Credit card to pay for his, his spouse and 2 kids application fee of $1400. My card was charged on 29th November 2010. my brother got a job in another country and was very busy with life in new country. Also, I was also busy with life in Canada. My brother got an email on 14th of July, saying that the assessment was done and the CIC Nova Scotia is refusing his application. my brother was awarded 63 points and it was mentioned that they are NOT giving him any points for Relative in Canada. The letter says

''No points were assigned for Relative in Canada as insufficient proof was submitted that ........... is your relative or that he is in Canada''.

I submitted my copy of My Permanent resident card, My landing Paper,My passport, my 3 months bank statements, my credit card statement, and also I was his representative, submitted the representative form mentioning I am his brother. Also my brother had to submit an official document from the government showing the family tree of our family.  
I am really surprised. its was a dream for all of us and now it has been shattered with no fault of us....
Can any one please help me as to what can be done to correct this error?  if they refuse the visa, they should have returned the 1400 dollars they deducted, but they have not done that. I am not worried about them, but would like to go to anywhere to correct this error......

please help and Thanks in advance to all......

Oh no no - the fault was yours indeed!

Pls read my thread on Proof of Canadian Relatives... Did u submit:
- Your salary stubs - till the last date/month?
- Your utility bills [cable, internet, phone, hydro etc.]?
- Your employment contract?
- Your last Tax Return?

There was the key.

Qorax

[mandiebraxton]

I couldn't agree more with Qorax! The onus is on the apicant to prove at the initial stage that indeed be has relation one and he is in Canada two. If he doens't do so from the beginning and gets NER, even you go to highest court on the land u r just gonna waste ur time  CIC's, another applicant's and money (if applicable) cos u did follow the rules to the letter...Mandie

[noolan]

Thanks Qorax, PMM and Mandie for clearing. I will give them a all anyway to see what they say.