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

[anjuku]

Hi anjuku, I have already asked this question, and finally I got the answer, see below link:
http://www.canadavisa.com/canada-immigration-discussion-board/-t98464.0.html
hope this helps

@smallkick...so i'm assuming you included the 6 photos of just yourself and your spouse right??

 

[MapleDream]

Hi, I double-checked the adaptability points for the applicants (like us) having 2 or more years of study in PhD program in a Canadian university. We can definitely claim 5 points. It's written in the operational manual.

However, I was still wondering why MapleDream's case on claiming adaptability points was not accepted.

I obtained my Master Degree out of Canada. Now, this is my third year to PhD degree. But obviously, I was thought not to be eligible to get this 5 points. I copy the criteria here from CIC website. Could you tell me how you understand that, especially the sentence in brackets?
Do I appeal?

The following paragraph is copied from CIC document.
b) Previous study in Canada:
• Award five points if the applicant or accompanying spouse or common- law
partner completed a program of full-time study of at least two years’ duration
at a post-secondary institution in Canada, if this occurred after the age of
seventeen and with valid study permits.
(The person is not required to have obtained an educational credential for these
two years of study in Canada to earn the points, but simply to have completed at
least two years of study.)

 

[s.guo82]

I obtained my Master Degree out of Canada. Now, this is my third year to PhD degree. But obviously, I was thought not to be eligible to get this 5 points. I copy the criteria here from CIC website. Could you tell me how you understand that, especially the sentence in brackets?
Do I appeal?

The following paragraph is copied from CIC document.
b) Previous study in Canada:
• Award five points if the applicant or accompanying spouse or common- law
partner completed a program of full-time study of at least two years' duration
at a post-secondary institution in Canada, if this occurred after the age of
seventeen and with valid study permits.
(The person is not required to have obtained an educational credential for these
two years of study in Canada to earn the points, but simply to have completed at least two years of study.)

Hi Mapledream, I am just wondering how many adaptability points you claimed and how many you got, cos you have 2 applicants in ur application. Did they specifically tell you that you did not get this 5 points of adaptability? Do you mind telling us what the rep or email said exactly?

 

[TyrusX]

Hi Mapledream, I am just wondering how many adaptability points you claimed and how many you got, cos you have 2 applicants in ur application. Did they specifically tell you that you did not get this 5 points of adaptability? Do you mind telling us what the rep or email said exactly?

Yes, please post the letter so we can help you. You said in another thread that you got just 4 points on your Ielts, but I didn't understand if was 4 in each session of the CIC system or 4 IELTS points overall.

 

[Aaron2012]

I obtained my Master Degree out of Canada. Now, this is my third year to PhD degree. But obviously, I was thought not to be eligible to get this 5 points. I copy the criteria here from CIC website. Could you tell me how you understand that, especially the sentence in brackets?
Do I appeal?

The following paragraph is copied from CIC document.
b) Previous study in Canada:
• Award five points if the applicant or accompanying spouse or common- law
partner completed a program of full-time study of at least two years' duration
at a post-secondary institution in Canada, if this occurred after the age of
seventeen and with valid study permits.
(The person is not required to have obtained an educational credential for these
two years of study in Canada to earn the points, but simply to have completed at
least two years of study.)

I think that means simply studying for 2 years can earn this 5 adaptability points. I also double-checked from the intl student adviser (who is specialized in immigration cases) of our school about this. As you have studied as a PhD for 3 years, you should get the 5 adaptability points.

Would you mind telling us how many points you claimed for this adaptability score and what reason did the CIO email give for not accepting the 2-year study experience in Canada? More details will help us to discuss more about this.

 

[TyrusX]

I think that means simply studying for 2 years can earn this 5 adaptability points. I also double-checked from the intl student adviser (who is specialized in immigration cases) of our school about this. As you have studied as a PhD for 3 years, you should get the 5 adaptability points.

Would you mind telling us how many points you claimed for this adaptability score and what reason did the CIO email give for not accepting the 2-year study experience in Canada? More details will help us to discuss more about this.

Yes, we have discussed this here before, and that is pretty much our conclusion too. Like you said, It is in the operational manual 06. ALso, your are new here, have you applied already, if yes, can you post your information so we can update in the spreadsheet?

 

[Aaron2012]

Sure, CIO received my package on Feb 8th, CCed on Feb 29th. Waiting for the future news...

 

[Feb2004]

Can we claim adaptability points on the basis of other relatives staying in Canada like siblings, children etc.?

 

[MapleDream]

The following is a part of the letter. I lose points in the red part. The bold 'complete' is in the original letter. It is the official who wants me to notice this.

My wife has a vocational secondary certificate. But I didn't submit any document for this, since I thought my score was enough. Do you guys know this could earn 3 points for me or not?

########################################################
Your application was assessed based on the occupation(s) in which you requested assessment. The table below sets out the points assessed for each of the selection criteria:

Points assessed Maximum Age 10 10 Education 25 25 Official language proficiency 8 24 Arranged employment 0 10 Experience 21 21 Adaptability 0 10 TOTAL 64 100 You have obtained insufficient points to qualify for immigration to Canada, the minimum requirement being 67 points. You were assigned 25 points for your educational credential at the Master's degree level and at least 17 years of study. You were assigned 8 points for your official language proficiency. This assessment was based upon the language results on file. No points were assigned for your second official language. No points were assigned for arranged employment. You were assigned maximum points for work experience. No adaptability points were assigned for your accompanying spouse's education as there was insufficient evidence of a post-secondary school educational credential. No points were assigned for adaptability for work in Canada or Study in Canada as points are assigned for: (a) work in Canada if the work is performed under a work permit in accordance with R83(1)(c) and R83(4) of IRPA and (b) study in Canada is assigned points for having completed a full-time program of post secondary study of at least two year duration in a Canadian institution in accordance with R83(1)(b) and R83(3) of IRPA. No additional points were assigned for adaptability. You have not obtained sufficient points to satisfy me that you will be able to become economically established in Canada. 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 any other document may 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. Note: Any different or new information that you submit cannot be taken into consideration. ######################################################

 

[asbereth]

MapleDream, I and all of us really do appreciate you sharing this information. It is too bad that they don't really consider you having completed a program of two years study, despite the fact that you have completed more than two years of PhD in Canada. You can probably try contacting, telling them that you have completed more than two years of study at a post-secondary institution in Canada by trying to do the following:

http://www.canadavisa.com/canada-immigration-discussion-board/how-to-deal-with-an-unfair-ner-a-negative-eligibility-review-t67741.0.html

Tell them that, according to OP-6, and also the instruction guide, it was stated that there was no requirement that the degree be awarded, and one only needs to have completed two years of study after the age of 17 and using study permit.

On a positive note, you know for sure that at least the CIO considers the entirety of your 4 years or more of work experience (they assigned you 21 out of 21 points), so you won't have to worry much whether or not your work experience would be accepted, and that, with only 8 points for languages, and 0 adaptability point, you have 64 points already (which is impressive).

If you retake IELTS, and get better scores (at least 4 more points), then you know you'd get 68 points or 70 points (provided that everything else stays the same). My advice would be (if you have time obviously, and the financial means) to retake IELTS and try your best to get at least 12 points (or 14). I think if you do this as soon as possible, you can probably still make it before the cap is reached this year.

Good luck, and please do not give up just yet

For everybody else, we indeed now know that the CIO does more than just check the enrollment in PhD program and good academic standing. They actually DO check if you have enough points (at least according to their interpretation).

 

[s.guo82]

The following is a part of the letter. I lose points in the red part. The bold 'complete' is in the original letter. It is the official who wants me to notice this.

My wife has a vocational secondary certificate. But I didn't submit any document for this, since I thought my score was enough. Do you guys know this could earn 3 points for me or not?

########################################################
Your application was assessed based on the occupation(s) in which you requested assessment. The table below sets out the points assessed for each of the selection criteria:

Points assessed Maximum Age 10 10 Education 25 25 Official language proficiency 8 24 Arranged employment 0 10 Experience 21 21 Adaptability 0 10 TOTAL 64 100 You have obtained insufficient points to qualify for immigration to Canada, the minimum requirement being 67 points. You were assigned 25 points for your educational credential at the Master's degree level and at least 17 years of study. You were assigned 8 points for your official language proficiency. This assessment was based upon the language results on file. No points were assigned for your second official language. No points were assigned for arranged employment. You were assigned maximum points for work experience. No adaptability points were assigned for your accompanying spouse's education as there was insufficient evidence of a post-secondary school educational credential. No points were assigned for adaptability for work in Canada or Study in Canada as points are assigned for: (a) work in Canada if the work is performed under a work permit in accordance with R83(1)(c) and R83(4) of IRPA and (b) study in Canada is assigned points for having completed a full-time program of post secondary study of at least two year duration in a Canadian institution in accordance with R83(1)(b) and R83(3) of IRPA. No additional points were assigned for adaptability. You have not obtained sufficient points to satisfy me that you will be able to become economically established in Canada. 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 any other document may 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. Note: Any different or new information that you submit cannot be taken into consideration. ######################################################

Hi Mapledream, thanks a lot to share this. I am afraid I will fail cos of the same reason. One more question, when did you start your current phd study, any gap/leaving or changing school/programme during the study?

 

[Aaron2012]

Hi Mapledream, thanks a lot to share this. I am afraid I will fail cos of the same reason. One more question, when did you start your current phd study, any gap/leaving or changing school/programme during the study?

This does affect some people who rely on these 5 points.

 

[MapleDream]

Hi Mapledream, thanks a lot to share this. I am afraid I will fail cos of the same reason. One more question, when did you start your current phd study, any gap/leaving or changing school/programme during the study?

I started my study in Sep., 2009, no gap or leaving or changing

 

[asbereth]

My wife has a vocational secondary certificate. But I didn't submit any document for this, since I thought my score was enough. Do you guys know this could earn 3 points for me or not?

I missed this , but do you reckon the following would apply to your wife's credential?

A one-year diploma, trade certificate, apprenticeship or university degree, and at least 12 years of full-time or full-time equivalent studies: 3 points

 

[TyrusX]

I started my study in Sep., 2009, no gap or leaving or changing

I had a gap in my studies due to a leave of absence in 2010 due to a very serious illness. This should not interfere as long as you are in you third year + of phd.