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Aaron2012 said:
Hi everyone,

My case was overturned to PER yesterday, saying it will be forwarded to visa office. I got NER at first beginning because of the 'well-known' adaptability point issue for previous study in Canada.

However, I got two questions:
1) Since I have sent my re-application package to CIO last week, what should I do now?
2) As I indicated Buffalo as visa office, will CIO automatically forward it to Ottawa?

Thanks very much.

1) Wait about 4 months until you hear from them again;
2) YES
 
Aaron2012 said:
Hi everyone,

My case was overturned to PER yesterday, saying it will be forwarded to visa office. I got NER at first beginning because of the 'well-known' adaptability point issue for previous study in Canada.

However, I got two questions:
1) Since I have sent my re-application package to CIO last week, what should I do now?
2) As I indicated Buffalo as visa office, will CIO automatically forward it to Ottawa?

Thanks very much.

Hi Aaron2012, congratulations!!! Can you give the breakdown of points by CIO on your NER? It's good to know that, even after several rejections by Ottawa last week, the CIO is still of the opinion that the 5 previous study adaptability points should be awarded to those who have completed 2 years, but not the program. Also, if you can share with us your timeline, that would be good. Thanks, man :)
 
asbereth said:
Hi Aaron2012, congratulations!!! Can you give the breakdown of points by CIO on your NER? It's good to know that, even after several rejections by Ottawa last week, the CIO is still of the opinion that the 5 previous study adaptability points should be awarded to those who have completed 2 years, but not the program. Also, if you can share with us your timeline, that would be good. Thanks, man :)

Thank you. Please add me to the timeline. I applied on 10 Feb and I got my NER on March 21st. I appealed on May 24th and my case was overturned on June 17th.

Hope we will hear the good news about the appeal process in Ottawa.
 
Aaron2012 said:
Thank you. Please add me to the timeline. I applied on 10 Feb and I got my NER on March 21st. I appealed on May 24th and my case was overturned on June 17th.

Hope we will hear the good news about the appeal process in Ottawa.

Hi Aaron, would you mind sharing how you appealed?
Thanks.
 
phdapplicant said:
Hi Aaron, would you mind sharing how you appealed?
Thanks.

I did pretty much the same as other people did, quoting the op-6b and say why I think we can get the 5 adaptability points.

I hope your appeal will be replied by Ottawa office asap.
 
Aaron2012 said:
I did pretty much the same as other people did, quoting the op-6b and say why I think we can get the 5 adaptability points.

I hope your appeal will be replied by Ottawa office asap.

Did you appeal via email?
 
Hi guys.

I have got an email from Nova Scotia today notifying me that my application was rejected. As it turned out, I misunderstood the requirement regarding work experience. It has to be continuous, whereas mine was not. I have got a question to the guys whose application was approved - how is it even possible to have a continuous work experience while being a PhD student? I was a teaching assistant for 5 years in Canada but in my university all teaching assistants work from September until April only, and not in summer. Maybe in other universities the practice is different?

Thanks!
 
phdapplicant said:
Update: My ecas account has been completely removed. I can no longer log in. And they have not contacted me yet regarding my appeal email and fax last week.

I remember that many of you has appealed successfully in CIO, Sydney. If possible, could you share with me how you did it? Like did you appeal via email, phone, fax, or regular mail? Or did you submit any documents to support your appeal.
Thank you in advance.
Mine is also disappeared, I think we have to be more patient, it actually took about 1 month for CIO to convert the NER to PER, this is a Visa office and I think it usually takes more. Besides I am not sure if our interpretation from this adaptability is correct, maybe they mean that applicants who finish their program but not obtaining their degree yet are eligible to earn this 5 points. Genrally, I think the purpose of this 5 points is to differentiate the people who are familiar with their culture and system with others, and we should get this 5 points, although it is really expressed in a vague and confusing way. Or maybe the CIO put the responsibility of rejecting on Visa office and by this, they can also make more money.
Anyway patience is what we need these days, I sent them an email, fax, and also mail my appeal. I think you can get some idea from the link below :
http://www.canadavisa.com/canada-immigration-discussion-board/how-to-deal-with-an-unfair-ner-a-negative-eligibility-review-t67741.0.html
 
temperatura said:
Hi guys.

I have got an email from Nova Scotia today notifying me that my application was rejected. As it turned out, I misunderstood the requirement regarding work experience. It has to be continuous, whereas mine was not. I have got a question to the guys whose application was approved - how is it even possible to have a continuous work experience while being a PhD student? I was a teaching assistant for 5 years in Canada but in my university all teaching assistants work from September until April only, and not in summer. Maybe in other universities the practice is different?

Thanks!

We suspect that only as a TA it will be very hard, due to the lack of continuity. But you can count your RA if you have/had one without problems, most people here have a combination of RA/TA and the RA guarantees the continuity of employment. Otherwise, you will need to have some previous work experience from before your PhD.
 
Aaron2012 said:
Thank you. Please add me to the timeline. I applied on 10 Feb and I got my NER on March 21st. I appealed on May 24th and my case was overturned on June 17th.

Hope we will hear the good news about the appeal process in Ottawa.

Can you post all the information please? work experience, nationality, credit card charge on etc?
 
TyrusX said:
Can you post all the information please? work experience, nationality, credit card charge on etc?

Applied: Feb 10th
CC cashed: Feb 27th
NER: March 21st
Overturned to PER: June 17th
Work experience: RA/TA
 
Dani1982 said:
Mine is also disappeared, I think we have to be more patient, it actually took about 1 month for CIO to convert the NER to PER, this is a Visa office and I think it usually takes more. Besides I am not sure if our interpretation from this adaptability is correct, maybe they mean that applicants who finish their program but not obtaining their degree yet are eligible to earn this 5 points. Genrally, I think the purpose of this 5 points is to differentiate the people who are familiar with their culture and system with others, and we should get this 5 points, although it is really expressed in a vague and confusing way. Or maybe the CIO put the responsibility of rejecting on Visa office and by this, they can also make more money.
Anyway patience is what we need these days, I sent them an email, fax, and also mail my appeal. I think you can get some idea from the link below :
http://www.canadavisa.com/canada-immigration-discussion-board/how-to-deal-with-an-unfair-ner-a-negative-eligibility-review-t67741.0.html

I hope you will get good results from Ottawa at least based on the following grounds:

1) We never heard people got rejected after early April from CIO, Sydney, for the 5 adaptability points for previous study in Canada. This means CIO already learned from us.

2) For those who appealed to Sydney, there may be a note put on the applications. For those who appeal in Ottawa but not appealed to Sydney, VOs will probably award the points for us.


I think an appeal to Ottawa would be faster as we can send a FAX, (http://www.cic.gc.ca/english/information/offices/canada/ottawa.asp), while CIO doesn't officially post a fax number, where we can only send emails/mails and wait for a long time.

Dani1982 or phdapplicant, did you send a fax anyway to Ottawa (if your visa office is Ottawa)?
 
@Dani1982: Thank you. I will compile a letter and mail it to Ottawa.

@Aaron2010: Thanks for the info. I sent a fax and an email to Ottawa last week.
 
temperatura said:
Hi guys.

I have got an email from Nova Scotia today notifying me that my application was rejected. As it turned out, I misunderstood the requirement regarding work experience. It has to be continuous, whereas mine was not. I have got a question to the guys whose application was approved - how is it even possible to have a continuous work experience while being a PhD student? I was a teaching assistant for 5 years in Canada but in my university all teaching assistants work from September until April only, and not in summer. Maybe in other universities the practice is different?

Thanks!

According to the note in Oversea Processing (OP), OP 6 - Federal Skilled Workers (version: 2011-06-17):
Section 7.2 Assessing applications against the Ministerial Instructions issued June 26, 2010
“Anticipated short breaks between jobs are acceptable. For example, if an applicant is employed in one occupation for a 4 month contract and before the end of that contract, has secured other employment that will begin shortly after the end of first contract, this break in continuity would be acceptable.”

I have summer break twoo, and I got PER.
 
Aaron2012 said:
Applied: Feb 10th
CC cashed: Feb 27th
NER: March 21st
Overturned to PER: June 17th
Work experience: RA/TA

Hi Aaron2012, thanks, but can you also tell us your eCas status and your nationality? Also, regarding the 5 adaptability points, I think Dani1982 brought a really good point. I suppose it's technically possible to have completed your program, and not be granted the degree yet, and this condition would probably fit the category they were describing for the previous study points, depending how you interpret that particular sentence.

The wording is obviously ambiguous, and in my opinion, even if you have yet to convocate, once you finish your degree requirements, you have obtained all of the educational credentials associated with that particular degree, and should be qualified for jobs that require that degree (for example, you can assume a position of a post-doc, as long as you have completed the PhD program, regardless whether or not you have the degree on your hand), so again, in my opinion, if you have completed your program, then you have obtained a credential, and it is not possible to complete the program, and yet, at the same time, not having obtained any credential since that's basically true by definition.

Let's take a look again at the wording in OP6B:

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.

That reads to me as: the person is not required to have completed the program yet, so long he has completed at least two years of a program (which automatically also imply that the program needs to be at least two years long), to earn these five points. The key word is 'credential'. Even if you have not obtained your degree yet on hand, you are still conferred all of the credentials and credibility that come with the completion of the program, therefore, not having to have obtained any credential should mean that you do not have to have completed your program, hence the (apparent) contradiction.