Got Refusal Letter

[gulmit]

Dear Members & Seniors,

Yesterday I collected my letter sent by LVO,,,and unfortunately the letter is refusal and the reason mentioned in the letter is JD mismatch...very disappointing because I was June, 2010 applicant.

Now I want to apply again, but the profession Finance is no more in the required professional list.

Please guide me what should I do for reapply??????????

Seniors plzzzz guide. ???????????????????????????????

 

[hoquejamal]

what was your e-case showing before refusal... in-process or decision made?

 

[gulmit]

what was your e-case showing before refusal... in-process or decision made?

It was showing DM in April and than it changed to Received by Visa Office

 

[manjuachar]

Dear Sirs,
Last year I applied for FSW category. I received acknowledgement for that in the month of December 2012. But in June 2012 I received the letter from Immigration visa officer that my application is rejected due to education points is lesser. They gave the points as below for my application assessment

Age l 0 - l 0
Education l 5 - 25
Experience 21 - 2 l
Arranged employment 0 - l 0
Offi cial languagep rofic iency 12 - 24
Adaptability 4 - l 0
TOTAL 62 - 100

But my education is:

SSC + HSC + Diploma(3 years)

Primary & secondary school - 10 years (full time) +
Pre-university college - 2 years (full time) and
Diploma in Mechanical Engineering - 3 years (full time)

So, I have total 15 years FULL TIME education.

But I received the reason for refusal from the Visa Office is:

You have not obtained the minimum number of points, currently 67, required for a permanent resident
visa. I awarded1 5 pointsf or your education.Y ou presenteda Diploma in MechanicalE ngineeringf rom
the Board of TechnicalE ducationK arnataka.T o attaint his, your highestl evel of education,r equiredi 3
years of full time study as higher secondaryi s not a requirementf or admissiont o this program of studies.
You have therefore not satisfied me that you will be able to become economically established in Canada.
Subsection 1l(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 requirementso f this Act. Subsection2(2)s pecifiest hat unlesso therwisei ndicated,r eferencesi n the
Act to "this Act" include regulations made under it.
Following an examinationo f your applicationI, am not satisfiedth at you meett he requirementso f the
Act and the regulations for the reasons explained above. I am therefore refusing your application.
[/color][/color]

So I want to know whether the Visa Office of Canada immigration decision is it correct? If not what can be done to request for re-consider the application.

Please advise me in this regard.


manjuachar

 

[adeel41]

Dear Sirs,
Last year I applied for FSW category. I received acknowledgement for that in the month of December 2012. But in June 2012 I received the letter from Immigration visa officer that my application is rejected due to education points is lesser. They gave the points as below for my application assessment

Age l 0 - l 0
Education l 5 - 25
Experience 21 - 2 l
Arranged employment 0 - l 0
Offi cial languagep rofic iency 12 - 24
Adaptability 4 - l 0
TOTAL 62 - 100

But my education is:

SSC + HSC + Diploma(3 years)

Primary & secondary school - 10 years (full time) +
Pre-university college - 2 years (full time) and
Diploma in Mechanical Engineering - 3 years (full time)

So, I have total 15 years FULL TIME education.

But I received the reason for refusal from the Visa Office is:

You have not obtained the minimum number of points, currently 67, required for a permanent resident
visa. I awarded1 5 pointsf or your education.Y ou presenteda Diploma in MechanicalE ngineeringf rom
the Board of TechnicalE ducationK arnataka.T o attaint his, your highestl evel of education,r equiredi 3
years of full time study as higher secondaryi s not a requirementf or admissiont o this program of studies.
You have therefore not satisfied me that you will be able to become economically established in Canada.
Subsection 1l(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 requirementso f this Act. Subsection2(2)s pecifiest hat unlesso therwisei ndicated,r eferencesi n the
Act to "this Act" include regulations made under it.
Following an examinationo f your applicationI, am not satisfiedth at you meett he requirementso f the
Act and the regulations for the reasons explained above. I am therefore refusing your application.
[/color][/color]

So I want to know whether the Visa Office of Canada immigration decision is it correct? If not what can be done to request for re-consider the application.

Please advise me in this regard.


manjuachar

There is no need to worry about it, I had received same kind of letter.They had given us less points for education. Then I apply for reconsideration with the help of some of the forum members and thanks to God now my case is re-opened.
I can strongly advice you to write reconsideration letter to Programme Manager of your respective Visa Office, In that letter humbly request them to reconsider your case, also explain every thing in detail regarding your diploma.If possible provide link of the website from where you have obtained this diploma as an evidence that it was a 3 years full time study.

I hope your case will be re-opened soon but for sure no one can say anything about it

Regards,
Ad

 

[jevan]

Dear Sirs,
Last year I applied for FSW category. I received acknowledgement for that in the month of December 2012. But in June 2012 I received the letter from Immigration visa officer that my application is rejected due to education points is lesser. They gave the points as below for my application assessment

Age l 0 - l 0
Education l 5 - 25
Experience 21 - 2 l
Arranged employment 0 - l 0
Offi cial languagep rofic iency 12 - 24
Adaptability 4 - l 0
TOTAL 62 - 100

But my education is:

SSC + HSC + Diploma(3 years)

Primary & secondary school - 10 years (full time) +
Pre-university college - 2 years (full time) and
Diploma in Mechanical Engineering - 3 years (full time)

So, I have total 15 years FULL TIME education.

But I received the reason for refusal from the Visa Office is:

You have not obtained the minimum number of points, currently 67, required for a permanent resident
visa. I awarded1 5 pointsf or your education.Y ou presenteda Diploma in MechanicalE ngineeringf rom
the Board of TechnicalE ducationK arnataka.T o attaint his, your highestl evel of education,r equiredi 3
years of full time study as higher secondaryi s not a requirementf or admissiont o this program of studies.
You have therefore not satisfied me that you will be able to become economically established in Canada.
Subsection 1l(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 requirementso f this Act. Subsection2(2)s pecifiest hat unlesso therwisei ndicated,r eferencesi n the
Act to "this Act" include regulations made under it.
Following an examinationo f your applicationI, am not satisfiedth at you meett he requirementso f the
Act and the regulations for the reasons explained above. I am therefore refusing your application.
[/color][/color]

So I want to know whether the Visa Office of Canada immigration decision is it correct? If not what can be done to request for re-consider the application.

Please advise me in this regard.


manjuachar

dear what were total bands acieved in IELTS?
Best Regards.
Jevan.

 

[SenoritaBella]

"T o attain this, your highest level of education, requiredi 3 years of full time study as higher secondary is not a requirement for admission to this program of studies."

The VO is trying to say that higher secondary(pre-university studies) is not a requirement for admission to the Diploma of Mechanical Engineering. In other words, it is possible to be accepted straight from Secondary school. The VO probably did not count the 2 yrs, giving you 13 years of formal education instead.

You have to explain why it was necessary to take pre-university studies for 2 years. Were your secondary school grades low and you needed the courses to improve your marks? If this is the case, include it in your re-consideration letter.

 

[!! KING OF THE KINGS !!]

no worry.

Regards,
!! KING OF THE KINGS !!

 

[jnathan]

gulmit

wait till January 2013

 

[rsb2010]

Dear Members & Seniors,

Yesterday I collected my letter sent by LVO,,,and unfortunately the letter is refusal and the reason mentioned in the letter is JD mismatch...very disappointing because I was June, 2010 applicant.

Now I want to apply again, but the profession Finance is no more in the required professional list.

Please guide me what should I do for reapply??????????

Seniors plzzzz guide. ???????????????????????????????

hi gulmit
What is your initial applicatoon date?
Did u apply yourself or thru some consultant?
Whats ur ecas status when u got refusal letter?

Where r u working now bank or finance dept of some company?

 

[computergeek]

If you still wish to come to Canada, you have three options:

(1) You can request reconsideration. If you do so, it does not reset the timers on your other options UNLESS the visa office responds (in which case it then extends the deadline for review)
(2) You can file in Federal Court of Canada for judicial review of the decision. This must be STARTED no later than 60 days from the date of the decision. There is a $50 fee to start this and then there is a filing deadline for the application 30 days after the reasons for the decisions (CAIPS/GCMS notes) are submitted to the court. This option effectively requires working with an attorney experienced in Federal Court practice.
(3) You can attempt to refile again in the future.

I am sorry - getting a refusal letter is always very discouraging. The BEST option now is to request reconsideration. Federal Court is a difficult road (my own application for JR of my refusal was just granted, seven months after the refusal) and expensive (so far $5k for the legal fees and costs for me). Who knows what the rules will be like in 2013 when they resume the FSW program.

Good luck, regardless of what you decide to do.

 

[gulmit]

If you still wish to come to Canada, you have three options:

(1) You can request reconsideration. If you do so, it does not reset the timers on your other options UNLESS the visa office responds (in which case it then extends the deadline for review)
(2) You can file in Federal Court of Canada for judicial review of the decision. This must be STARTED no later than 60 days from the date of the decision. There is a $50 fee to start this and then there is a filing deadline for the application 30 days after the reasons for the decisions (CAIPS/GCMS notes) are submitted to the court. This option effectively requires working with an attorney experienced in Federal Court practice.
(3) You can attempt to refile again in the future.

I am sorry - getting a refusal letter is always very discouraging. The BEST option now is to request reconsideration. Federal Court is a difficult road (my own application for JR of my refusal was just granted, seven months after the refusal) and expensive (so far $5k for the legal fees and costs for me). Who knows what the rules will be like in 2013 when they resume the FSW program.

Good luck, regardless of what you decide to do.

Thank yo so much for such a wonderful comment...I will attempt to refile again in future hopefully. Because no one is getting any response for reconsideration...especially in the case of JD mismatch...

Thanks and God bless U

 

[gulmit]

Thank you for your application for permanent residence in Canada as a Federal Skilled Worker. I have now completed the assessment of your application and have determined that you are not eligible for processing in this category for the reasons noted below.

The Minister of Citizenship and Immigration issued instructions which where published in the Canada Gazette on Nov. 28, 2008. These instructions specify that only applicants who have arranged Employment Offers, who are legally residing in Canada and have been there for at least one year as Temporary Foreign Workers or International Students, or who have work experience in certain listed occupations are eligible to be processed in FSW class.

You have indicated that you have work experience in an occupation with the following NOC code: 0111 (Financial Manager)

Although the NOC code corresponds to the occupations specified in the instructions, the main duties that you listed do not indicate that you performed all of the essential duties and a substantial number of the main duties, as set out in the occupational descriptions of the NOC. I am therefore not satisfied that you are an Financial Manager.

Since you did not provide satisfactory evidence that you have work experience in any of the listed occupations, you do not meet the requirements of the Ministerial Instructions and your application is not eligible for processing......

Above is the wording of the refusal letter I received today. Seniors please advice me for any further action.

 

[shy_shine75]

I also received the same. Got a refusal letter with the same standardized format for my NOC 4131 - College and Other Vocational Instructors application inspite having five years solid experience at a state university. Because of that my consultancy firm advised me to apply for an appeal with the relevant case processing office and/or a court appeal. I applied for both of them already.The former still on process (no updates yet) and the latter, I have already received the copy of the Application for Leave and Judicial Review from my lawyer and was asked to furnish an affidavit to support the case. But the latter's procedure is so expensive. Have already paid almost 7k aed for that aside from the consultancy and processing fees I have paid before for my skilled worker applicaiton which was rejected.

It is already costing me so much already in doing this appeal. A lot of my family and friends are already against this saying that it is a timeconsuming pocedure aside from awaste of money and effort. But I really wanted the Canadian dream for my kids. Hope what I am doing will turn out positive somehow. I am keeping my fingers crossed.

 

[nashe_31]

I also received the same. Got a refusal letter with the same standardized format for my NOC 4131 - College and Other Vocational Instructors application inspite having five years solid experience at a state university. Because of that my consultancy firm advised me to apply for an appeal with the relevant case processing office and/or a court appeal. I applied for both of them already.The former still on process (no updates yet) and the latter, I have already received the copy of the Application for Leave and Judicial Review from my lawyer and was asked to furnish an affidavit to support the case. But the latter's procedure is so expensive. Have already paid almost 7k aed for that aside from the consultancy and processing fees I have paid before for my skilled worker applicaiton which was rejected.

It is already costing me so much already in doing this appeal. A lot of my family and friends are already against this saying that it is a timeconsuming pocedure aside from awaste of money and effort. But I really wanted the Canadian dream for my kids. Hope what I am doing will turn out positive somehow. I am keeping my fingers crossed.

Hi,

Tried to send u a PM but ur inbox is full!

U can do a couple of things, just check the hrdc website and main duties of 4131 according to it.

Compare these duties with ur job descriptions mentioned in the Exp letter u submitted earlier. Find similarities/compatibly and send them the same as reconsideration letter once again.

You can also get some recommendation letters from ur colleagues and seniors/Incharge that u have been doing the same duties (as mentioned i the HRDC's website). Do it, as u dont have anything to loose!

Please also contact the forum members who have been refused, appealed and got positive response from VO. I know Pa55ion a forum member, who got his case reconsidered and is very helpful, contact him.

Do whatever u can at this stage but dont pay the consultant anymore.