+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

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

Htmehdi

Newbie
May 21, 2014
1
0
Dani1982 said:
Thank you guys!

Here is my story, after my rejection I tried several times to contact CPC-Ottawa to review my case, I tried to convince them that my research assistant work experience letter clearly stated the lead statement as well as the related duties, but I never got any response. Then I tried the MP and asked him to send a letter to Ottawa and ask for a clarification on my application. In response, FA01772 came up with the same reasoning as the refusal email. In February, I suddenly ran into a case in the Federal court with the similar refusal reason ( listed duties that do not match the actions of the lead statement for research assistant work experience ), then I decided to pursue my case in the Federal court. During the preparation, I talked to 2 lawyers and both of them told me that I can not do anything in the court and it is better to reapply. They also said that even if I can quash the officer's decision, there is no guarantee that they granted me the PR visa, they can easily reject me again for another valid reason. But I decided to do this anyway and file a leave and Judicial review application in the Federal court. There are several steps involved in filing a judicial review application in the Federal court, one stage before the hearing, the justice department at the Immigration office decided to settle a deal with me outside the court. The problem with my application was the delay, if you want to file a judicial review application in the federal court, you have to do it within 2 weeks of the refusal decision. Otherwise, you have to file the application with extension of time and justify why you are late(which is really hard)

Generally this is a time consuming procedure if you want to do it by you own. If you decide to hire a lawyer, you have to spend 5000-10000$. You have to be very careful and only if you are 100% sure that the officer erred in law and make a wrong decision, you can think about the federal court. The best way to be sure is to find a similar case. Canadian legal system is common law, it means that the judges's decision are treated like a written law, so you can cite them in your case. All of the previous cases in the Federal Court are either on-line or you can order them at the Federal court's registry office in your town. Here are some useful links in case you need:


you can search some keywords in the previous decisions to find the similar cases. The whole process will take about 10-12 months and at the best, you can only quashed the officer's decision and return your application back to the visa office to review by another visa officer.
Dear all,
Congratulation Dani.
I have a quick question. I just received reject letter. :(
If I want to appeal, is it possible for me to apply again as a skilled worker program or I should wait till they make new decision?
In previous application(PhD stream) my wife was main applicant and in new one I want to be main applicant and apply for engineering skilled worker.
We got 66 in our previous application.
 

arian_arian

Star Member
Mar 24, 2014
195
16
yahia.eldemerdash said:
I just want to tell you that I am finally get the main reason of not accepting my updated reference letter.
I went to the MP office, and the the MP assistant called the immigration and asked about my case. They mentioned that my ref. letter was not dated !!!! and the experience periods were not specific. However, I mentioned in the letter both the start and the end dates in month and year. The officer mentioned that I had to add the days also !!!!!!

What surprised me that there is no chance to make an appeal on the rejection anymore. The officer told the MP office that it is a final decision and no re-assessment request or appeal will be accepted.

The MP assistant was very helpful and went in a long debate with the officer but without any results.
Even in the SCHEDULE 3 form (Section 12) that we have to write our work experiences, there is no days! They are asking only for the year and the month!
 

arian_arian

Star Member
Mar 24, 2014
195
16
yahia.eldemerdash said:
I just want to tell you that I am finally get the main reason of not accepting my updated reference letter.
I went to the MP office, and the the MP assistant called the immigration and asked about my case. They mentioned that my ref. letter was not dated !!!! and the experience periods were not specific. However, I mentioned in the letter both the start and the end dates in month and year. The officer mentioned that I had to add the days also !!!!!!

What surprised me that there is no chance to make an appeal on the rejection anymore. The officer told the MP office that it is a final decision and no re-assessment request or appeal will be accepted.

The MP assistant was very helpful and went in a long debate with the officer but without any results.
By any chance do you know who was your officer? (the code for the officer)
 

The_Prince

Hero Member
Oct 3, 2012
300
7
Category........
Visa Office......
CPP-O
NOC Code......
4012
Job Offer........
Pre-Assessed..
App. Filed.......
31-12-2012
Doc's Request.
POF: 21-03-2014
Nomination.....
PER: 18-02-2013
IELTS Request
CELPIP (sent with application)
Med's Request
28-03-2014
Med's Done....
31-03-2014
Passport Req..
21-05-2014
VISA ISSUED...
05-06-2014
LANDED..........
13-06-2014
FINALLYYYY "PASSPORT REQUEST" :D :D :D :D few moments ago
 

hamed_hamed_hamed

Hero Member
Jan 20, 2013
346
11
Ottawa
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
14-03-2013 (Re-app)
Doc's Request.
07-08-2013 & 20-10-2013
Med's Request
06-05-2014
Med's Done....
20-05-2014
The_Prince said:
FINALLYYYY "PASSPORT REQUEST" :D :D :D :D few moments ago
Less than 2 months. Congrats, you are now graduated from CIC university.

I was thinking today to the whole steps and process we have to undergo for getting a permanent residency through the PhD stream.
And I thought we Phds in fact get two PhD degrees. One from a university and the other from CIC. If you know what I mean by this, we undergo nearly the same stress, and a lot of time we put into our applications. We get two PhDs.
 

The_Prince

Hero Member
Oct 3, 2012
300
7
Category........
Visa Office......
CPP-O
NOC Code......
4012
Job Offer........
Pre-Assessed..
App. Filed.......
31-12-2012
Doc's Request.
POF: 21-03-2014
Nomination.....
PER: 18-02-2013
IELTS Request
CELPIP (sent with application)
Med's Request
28-03-2014
Med's Done....
31-03-2014
Passport Req..
21-05-2014
VISA ISSUED...
05-06-2014
LANDED..........
13-06-2014
hamed_hamed_hamed said:
Less than 2 months. Congrats, you are now graduated from CIC university.

I was thinking today to the whole steps and process we have to undergo for getting a permanent residency through the PhD stream.
And I thought we Phds in fact get two PhD degrees. One from a university and the other from CIC. If you know what I mean by this, we undergo nearly the same stress, and a lot of time we put into our applications. We get two PhDs.
Thnx ! I totally agree with what u said. I am now about to get my first degree (the CIC one) which is in fact more stressful than the other degree I originally came here for :)
 

climate_modeller

Star Member
Feb 28, 2013
143
5
British Columbia
Category........
Visa Office......
CPC-O
NOC Code......
4012,4031,0121,0211
Job Offer........
Pre-Assessed..
App. Filed.......
08-Apr-2013
Doc's Request.
21-May-2014
AOR Received.
17-Jun-2013
IELTS Request
with application
File Transfer...
17-Jun-2013
Med's Request
22-05-2014
Med's Done....
28-05-2014
Interview........
waived
Passport Req..
not necessary
VISA ISSUED...
11-07-2014 (CoPR)
LANDED..........
26-07-2014
Just got notified today that we have passed eligibility. We received an RPRF request and an RCMP Criminal Record Check for my partner. They didn't ask for an RCMP Criminal record check from me.

BTW, we documented (one month) twice the minimum available funds at the time we applied, and a few months ago we told them that we now have even more as we sold a house in the USA. We offered to provide a sales record if they want it. They never asked for anything about the house sale or for verifying our funds.
 

Parkinson

Hero Member
Apr 12, 2013
236
8
Category........
Visa Office......
CPC-Ottawa
NOC Code......
4012
Job Offer........
Pre-Assessed..
App. Filed.......
29-Apr-2013
Doc's Request.
18-July-2013
AOR Received.
14-May-2013
Med's Request
5-Jun-2014
Passport Req..
27-Jun-2014
VISA ISSUED...
8-July-2014
climate_modeller said:
Just got notified today that we have passed eligibility. We received an RPRF request and an RCMP Criminal Record Check for my partner. They didn't ask for an RCMP Criminal record check from me.

BTW, we documented (one month) twice the minimum available funds at the time we applied, and a few months ago we told them that we now have even more as we sold a house in the USA. We offered to provide a sales record if they want it. They never asked for anything about the house sale or for verifying our funds.
Congratulations!
 

MAKSohag

Member
Apr 6, 2013
10
0
Canada
Category........
Visa Office......
CPC Ottawa
Job Offer........
Pre-Assessed..
LANDED..........
23-07-2014
Guys,

I have got RPRF request this morning, and paid the fee for me and my wife just now. Just to double check, I am not required to pay the RPRF for my recently born baby (born here in Canada)?

Thanks,

Sohag
 

climate_modeller

Star Member
Feb 28, 2013
143
5
British Columbia
Category........
Visa Office......
CPC-O
NOC Code......
4012,4031,0121,0211
Job Offer........
Pre-Assessed..
App. Filed.......
08-Apr-2013
Doc's Request.
21-May-2014
AOR Received.
17-Jun-2013
IELTS Request
with application
File Transfer...
17-Jun-2013
Med's Request
22-05-2014
Med's Done....
28-05-2014
Interview........
waived
Passport Req..
not necessary
VISA ISSUED...
11-07-2014 (CoPR)
LANDED..........
26-07-2014
MAKSohag said:
Guys,

I have got RPRF request this morning, and paid the fee for me and my wife just now. Just to double check, I am not required to pay the RPRF for my recently born baby (born here in Canada)?

Thanks,

Sohag
Probably best to email them and ask. You did notify them that you now have a new baby, right?
 

MAKSohag

Member
Apr 6, 2013
10
0
Canada
Category........
Visa Office......
CPC Ottawa
Job Offer........
Pre-Assessed..
LANDED..........
23-07-2014
climate_modeller said:
Probably best to email them and ask. You did notify them that you now have a new baby, right?
Yes, I also sent them his Canadian birth certificate and SIN.

Thanks,

Sohag
 

Parkinson

Hero Member
Apr 12, 2013
236
8
Category........
Visa Office......
CPC-Ottawa
NOC Code......
4012
Job Offer........
Pre-Assessed..
App. Filed.......
29-Apr-2013
Doc's Request.
18-July-2013
AOR Received.
14-May-2013
Med's Request
5-Jun-2014
Passport Req..
27-Jun-2014
VISA ISSUED...
8-July-2014
yahia.eldemerdash said:
The officer code is JH01572.
arian_arian said:
OK, Thanks.
Mine was DS01608.
It seems that FA01772 is not the rejecting officer anymore!!!