90 days...critical period of life

[rizwanali]

Hello every one,

The strange situation occur since last 3 weeks and I am still confuse what to do...

I submitted my application in Jul 2008 and receive the response from immigration office to submit the full documentation. I was happy but shocked. As I planned for 4 years for this, my points are not above 67 b/c my masters will be completing in Dec 2009 and my experience will be of 2 years on Dec 2009 on category 0213. Infact, the amount which I have mention, I have only 20% of it as my plan to make it 100% in next 3 to 4 years. Do they check the transactions or they just see the last account balance?

What should I do? Should i withdraw my application or send it over (with mentioning of completing the points till Dec 2009) and let them take the decision.

Regards,
Riz

 

[AlberMex]

You have to have the total points by the time of submitting the application. You won´t get points of what you did not have in July.

 

[BobbyB]

Maybe for the new rules, I am not sure, but for the pre Feb 2008 rules, I beg to differ, because, put in a layman's language your Experience will continue to increase.

Federal Skilled Workers

In (B), this continuous part-time employment could be made up of two part-time jobs held
simultaneously or of one part-time job held over the equivalent of one year of full-time
employment.

Once the qualifying year has been established, further experience in one or more occupations
can be calculated by adding up the number of months spent in full-time and/or part-time work in
one or more of the NOC categories.

Officers must:

• take into account both paid full-time work and paid part-time work (equalizing part-time work
to full-time years) (R80(1));

• consider only those occupations which the applicant has specified and for which the applicant
has provided the four-digit NOC code on their application form (R80(6));

Note: While the Regulations clearly place responsibility on applicants to undertake research of the NOC
and provide the NOC coding for the occupations in which they claim qualifying experience, officers
are expected to exercise discretion where applicants may have made minor errors or omissions in
correlating work experience and NOC coding.

• not take into account whether the applicant meets the “Employment requirements”
description set forth in the NOC for the occupation(s) listed;

• award points only if the applicant has performed the actions described in the lead statement
of the particular NOC description and has performed at least a substantial number of the
duties described in the “Main Duties” summary – including all the essential duties (R80(3));

Note: Neither the NOC nor the Regulations distinguish between “essential” and “non-essential” duties or
provide guidance as to what constitutes a “substantial number”. This is left as a matter for
assessment on a case-by-case basis. If officers have concerns about whether or not the applicant has
carried out “a substantial number of the main duties...including all of the essential duties,” they should
give the applicant an opportunity to respond to these concerns.

• take into account any years of experience that occur between application and assessment,
and for which the applicant has submitted the necessary documentation (R77).

 

[rupeshhari]

Do you know if it is the case for the post nov-2008 rules. Sounds like the applicant comes under the post nov-2008 rules. Even if he could get his experiential years counted, his education won't be counted until it is completed so may still not have 67 points still.

Bobby - let me know what you think

rizwanali - did you have 67 points at the time of your application? If yes, is there a reason why it went down? or were you planning it such that you will have 67 points by the time they assess it. With the faster assessing under the new rules, its hard to have many months of new experience counted.

 

[BobbyB]

Regards Rupeshhari.

I think the OP should give us a breakdown of how he has calculated his points.OP seems to have @ least a Bachelor's degree, which should earn him about 20 points at the least.

He is post-2008. (Applied in July2008 according to him)

Rizwanali, can you do that, or you may want to send Rupeshhari a PM.

 

[rupeshhari]

no PMs please. I have blocked everyone from PMing me.

 

[BobbyB]

LOL.

 

[ainteh]

My case was pending in delhi office since jan-2004 , they have requested me to submit fresh documents in 90 days in month of July-08, i ask them for extention as I was in USA at that time and I have to take fresh pcc from india and usa too. I submitted all my documents to them in month of oct-08 but my IELTS score was not present in that and I requested them that I am coming back to India and I will submit that too. I appeared on 20-nov-08 and my result was declared on 3-dec-08 . I got married on 7-dec-08 and all these changes in my status and my IELTS score I send it on 12-jan-09.. In month of Feb-09 I am getting my refusal letter in my email .

Reason for refusal is not getting full marks..my assessment was as
EXP-21
Education-25
Age---10
Language--8

they have given me 64 marks and visa officer commented that as IELTS was not present they are giving me 8 marks but my IELTS score was 7 all( 7, 6, 6.5, 8) . I send request letter to them to reconsider their decision and they refused it on ground that we have taken decision on your file on 18-dec-2008 but you sent your IELTS on 12-Jan-2009.

Is there any way that I can challenge their decision....Need advise and if any one knows good lawyer who can appeal in this case will be helpful...

 

[rupeshhari]

i am getting confused with Ainteh and Rizwanali.

Ainteh, You sent IELTS 3 months after their deadline. Two things to think about, whether lawyer can appeal it for you (which you have asked and i dont know the answer). Is the cost going to be worth it and would you rather be better off applying under the new rules, that is, if you qualify under the new rules.

 

[BobbyB]

Good suggestion from Rupesh.
I think because he has already received a "N0" from the CIC, would it be worth spending money on an Immigration Expert after that?. Would it not be cost effective and at least guaranteed, if he reapplies under the new rules, of course, provided the OP's occupation is on the "magic38 List".

 

[BobbyB]

Again,
Did you notice what the CIC have given him for the English language proficiency even though he had not submitted IELTS result nor proved it otherwise.

Can it be concluded that if you require less than 8 points to attain the minimum 67 points then you don't need to do IELTS? Hhmmm....

 

[rupeshhari]

wow, good observation. It probably means that if you are from a country that has education in english, etc, you could claim 8 points easily. I don't think a Russian who lived in Moscow all their lives could claim those 8 points but someone in India or Pakistan probably could.

Wait, i just noticed he lived in the US too. So perhaps if you are from a country that has education in english and you lived in US, Canada, etc, you could claim 8 points for sure. Anyone with 'lower' experience may not be able to.

Great observation. I need 11 points, so maybe that is somewhat positive for me too since I have lived most of my life in the english speaking world.

 

[BobbyB]

I am in the same shoes.(LOL).
I may however be able to get away with it as I require less than 8 Points to get the 67.(in IELTS)

 

[rupeshhari]

nice. i am sure you are safe.

 

[foreverwaiting]

You guys would be taking a BIG risk if you don't appear for IELTS. If one visa officer has alloted 8 points for English, it doesn't mean every visa officer will follow the same track. The beauty of providing IELTS score is that you know beforehand your English points. You lose this advantage if you do not appear for IELTS as now English points will be at the discretion of the visa officer (and perhaps on your luck!!).