Applicant from PhD program after 5 Nov, 2011 connect here to get status

[Uwindsor2009]

Sorry to hear rejection of esi110 and Aidina

 

[smallkick]

Those who got medical or document update, did you have your reference letter signed by your supervisor or who?

Yes, it should be signed by your employer according to the CIC's requirement.

 

[smallkick]

hello All,
I just got my rejection letter. It is such a foolish process, I have shown about four years of work experience including RA/TA and they rejected me for not meeting one year requirement. The rejection email is as follows:
"I have now completed the assessment of your application for a permanent resident visa as a skilled worker. I have determined that you do not meet the requirements for immigration to Canada.

Subsection 75(2) of the Immigration and Refugee Protection Regulations states that a foreign national is a skilled worker if:
a) within ten years preceding the date of their application for a permanent resident visa, they have at least one year of continuous full-time employment (37.5 hours/week) experience, or the equivalent in continuous part-time employment in one or more occupations, other than a restricted occupation, that are listed in Skill Type 0 Management Occupations or Skill Levels A or B of the National Occupational Classification matrix;
b) during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification; and
c) during that period of employment they performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties.

I am not satisfied that you meet these requirements. Your letters of reference from your employers did not list job duties or responsibilities that match the actions described in the lead statement and a substantial number of the main duties described in the NOC codes you selected. As such, you failed to demonstrate that your periods of work experience met the requirements listed above.

Subsection 75(3) states that if a foreign national fails to meet these requirements, the application shall be refused and no further assessment is required. I am not satisfied that you meet these requirements.

Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. Subsection 2(2) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.

Following an examination of your application, I am not satisfied that you meet the requirements of the Act and the regulations for the reasons explained above. I am therefore refusing your application.

Thank you for the interest you have shown in Canada."
I am totally pissed off. Do you think using a lawyer for appealing is useful?

Sorry to hear your rejection.
I don't think appeal would work as it will take too much time and you can't wait for it.
The most feasible solution in my opinion is to prepare the a new application and submit it ASAP before the new rules take effect in may.

 

[hooman2012]

Sorry to hear your rejection.
I don't think appeal would work as it will take too much time and you can't wait for it.
The most feasible solution in my opinion is to prepare the a new application and submit it ASAP before the new rules take effect in may.

Still I am not sure what is wrong with the new rules.
Also I really need to know what should we write on the reference letter, because our reference letter does not have problems,Mine is very similar to NOC 4012. if they reject that, I do not know what I have to offer for the next one.

 

[neuron]

hello All,
I just got my rejection letter. It is such a foolish process, I have shown about four years of work experience including RA/TA and they rejected me for not meeting one year requirement. The rejection email is as follows:
"I have now completed the assessment of your application for a permanent resident visa as a skilled worker. I have determined that you do not meet the requirements for immigration to Canada.

Subsection 75(2) of the Immigration and Refugee Protection Regulations states that a foreign national is a skilled worker if:
a) within ten years preceding the date of their application for a permanent resident visa, they have at least one year of continuous full-time employment (37.5 hours/week) experience, or the equivalent in continuous part-time employment in one or more occupations, other than a restricted occupation, that are listed in Skill Type 0 Management Occupations or Skill Levels A or B of the National Occupational Classification matrix;
b) during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification; and
c) during that period of employment they performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties.

I am not satisfied that you meet these requirements. Your letters of reference from your employers did not list job duties or responsibilities that match the actions described in the lead statement and a substantial number of the main duties described in the NOC codes you selected. As such, you failed to demonstrate that your periods of work experience met the requirements listed above.

Subsection 75(3) states that if a foreign national fails to meet these requirements, the application shall be refused and no further assessment is required. I am not satisfied that you meet these requirements.

Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. Subsection 2(2) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.

Following an examination of your application, I am not satisfied that you meet the requirements of the Act and the regulations for the reasons explained above. I am therefore refusing your application.

Thank you for the interest you have shown in Canada."
I am totally pissed off. Do you think using a lawyer for appealing is useful?

Sorry to hear it again. Did you only claim 4012?

 

[hooman2012]

I have a serious question here. How to write a RA reference letter? what should we have to include for main duties?

 

[esi110]

Sorry to hear it again. Did you only claim 4012?

I claimed both 4012 and 1122.

 

[aidina]

I have a serious question here. How to write a RA reference letter? what should we have to include for main duties?

It is my question as well. As I interpret from my rejection e-mail, the officer had even found my 2nd one insufficient while it had all the information.
What kind of vital information we need to have on the letter that we do not see it? BTW, generally speaking, the process is foolish.

Hooman, when did you apply? You should hear soon from them.

My E-cas is still in process. What an efficient system indeed .

 

[N_O]

It is my question as well. As I interpret from my rejection e-mail, the officer had even found my 2nd one insufficient while it had all the information.
What kind of vital information we need to have on the letter that we do not see it?

Send them an email to make sure that they considered it, they may received it but the didn't accept it, as it was sent without any request!
It seems they were acknowledged with yours and Hamed's letters but they didn't consider them.

 

[aidina]

Send them an email to make sure that they considered it, they may received it but the didn't accept it, as it was sent without any request!
It seems they were acknowledged with yours and Hamed's letters but they didn't consider them.

I think so. I sent them an e-mail immediately after rejection to see what happens. I am preparing my new application and will mail it within 2 weeks.

 

[hooman2012]

It is my question as well. As I interpret from my rejection e-mail, the officer had even found my 2nd one insufficient while it had all the information.
What kind of vital information we need to have on the letter that we do not see it? BTW, generally speaking, the process is foolish.

Hooman, when did you apply? You should hear soon from them.

My E-cas is still in process. What an efficient system indeed .

I do not know in which university you are studying. But I would suggest to print the E-cas and give it to them , otherwise they are gonna ask you for an update soon and if you do not have one, you have to pay international tuition. I did that today. they extended it for another semester. Hopefully by the end of summer I will have my PR OR another In Process status. I am not sure if they accept it after rejction and re-apply again

 

[kg.jadu]

I just got my rejection letter. It is such a foolish process, I have shown about four years of work experience including RA/TA and they rejected me for not meeting one year requirement.

Sorry to hear about your rejection. Would you mind posting the part of your reference letter regarding the duties you performed to help us understand their reasoning?

 

[neuron]

Sorry to hear about your rejection. Would you mind posting the part of your reference letter regarding the duties you performed to help us understand their reasoning?

this forum makes people who are under pHD stream more and more nervous, we do not know how to write letter. I thought, from some people's discussion, they may not consider a letter if we describe you are really like a student, e.g. a letter showing you are doing things towards a degree. Research assistant may not be the same as PhD thesis work as we think. That may be one reason that we have somebody who wrote a very detailed letter, but they still did not accept, because the more you wrote, the more detail they can see, and tell that this job duty is not what they need....

 

[aidina]

this forum makes people who are under pHD stream more and more nervous, we do not know how to write letter. I thought, from some people's discussion, they may not consider a letter if we describe you are really like a student, e.g. a letter showing you are doing things towards a degree. Research assistant may not be the same as PhD thesis work as we think. That may be one reason that we have somebody who wrote a very detailed letter, but they still did not accept, because the more you wrote, the more detail they can see, and tell that this job duty is not what they need....

We really do not know what we should write!

 

[neuron]

We really do not know what we should write!

I agree, even supervisors do not know, VO only refers NOC descriptions, they are also not academic guys... THe PhD categary shoud be independently considered...other than under skilled worker.