Previous incorrect NOC problem; All seniors plz guide, PMM , rupeshhari, MarkCan

[deep9]

Hi all

I had previously applied for PR but had used incorrect NOC so my application was returned.

The letter from NS that I had received then, stated the following:
"We have assessed your declared occupations against the list of eligible occupations identified by the
Minister of Citizenship, Immigration and Multiculturalism and published in the Canada Gazette on 28
November 2008.Your occupations do not correspond to any of the eligible occupations.

As your occupations are not included on the list of eligible occupations, we are unable to process your application.

The fees that you have paid are refundable.........."



In the PR application they ask the following question:

Have you been refused refugee status in, or an immigrant or permanent resident visa or visitor or temporary resident visa to ,canada or any other country, or have been refused a Certificat de selection du Quebec to Quebec?


So do you think this will be considered as visa refused? I mean will the answer to the above question be a 'yes'??

Please help.
Thanks and regards.

 

[rupeshhari]

Re: Previous incorrect NOC problem; seniors plz guide PMM , rupeshhari, MarkCan

I am not sure.
For the safest bet, say yes and write a letter saying that your application for PR was declined at the CIO stage due to incorrect filling of forms.

That is what I would do. I am not sure if that is the right thing to do

 

[deep9]

Re: Previous incorrect NOC problem; seniors plz guide PMM , rupeshhari, MarkCan

I am really confused as I don't understand if this is visa refused or simply application declined?? ???

 

[Aruma]

Re: Previous incorrect NOC problem; seniors plz guide PMM , rupeshhari, MarkCan

I am really confused as I don't understand if this is visa refused or simply application declined?? ???

You are refused

 

[rupeshhari]

what is the difference between refused and declined? You are not refused for some hard reasons like terrorism so it is best to tell them why you were declined or refused.

The other way to think about it is whether your application was refused or they declined to look at your application, which is different from saying refused vs. declined. Kindof.

 

[deep9]

Yeah I know my the choice of words was not correct ....so you can see I am really confused

But this is what I read on another website:
"If the CIO determines that the application does not meet the eligibility criteria under the Instructions, the CIO will send a letter providing the reason(s) why the application is not eligible and will confirm that a refund for the processing fee will be issued."

This is what makes me feel its not actually visa refusal. What's your take on it??

what is the difference between refused and declined? You are not refused for some hard reasons like terrorism so it is best to tell them why you were declined or refused.

The other way to think about it is whether your application was refused or they declined to look at your application, which is different from saying refused vs. declined. Kindof.

 

[rupeshhari]

maybe you can say you were not refused and write a letter to say your case.

 

[Albularyo]

Hi all

I had previously applied for PR but had used incorrect NOC so my application was returned.

The letter from NS that I had received then, stated the following:
"We have assessed your declared occupations against the list of eligible occupations identified by the
Minister of Citizenship, Immigration and Multiculturalism and published in the Canada Gazette on 28
November 2008.Your occupations do not correspond to any of the eligible occupations.

As your occupations are not included on the list of eligible occupations, we are unable to process your application.

The fees that you have paid are refundable.........."



In the PR application they ask the following question:

Have you been refused refugee status in, or an immigrant or permanent resident visa or visitor or temporary resident visa to ,canada or any other country, or have been refused a Certificat de selection du Quebec to Quebec?


So do you think this will be considered as visa refused? I mean will the answer to the above question be a 'yes'??

Please help.
Thanks and regards.

Yes, you have been refused of a PR application. state the reasons on the space provided in the form.

hth

 

[djking]

Does the letter from CIC say anywhere that you have been declined?
Your application was not further processed, ur VISA was never denied. I am not sure, but I think it would not go under refusal.

 

[deep9]

Wouldn't incorrect NOC be considered as error in application rather than visa refusal??

Yes, you have been refused of a PR application. state the reasons on the space provided in the form.

hth

 

[PMM]

Hi

Wouldn't incorrect NOC be considered as error in application rather than visa refusal??

Whenever CIC doesn't process your application it is a refusal.

PMM

 

[MarkCan]

Re: Previous incorrect NOC problem; All seniors plz guide, PMM , rupeshhari, Mar

Deep9:

You have not stated when you previously applied for PR. If it was under the old rules, then a lot of folks who do no fall under the new 38 NOC categories listed by CIC (under new rules) have been denied admission. It is kind of unfortunate if you fall under this category, but you have to accept CIC's decision.

Now with regards to your current application, say YES to "Have you ever been refused....". It is your safest bet. Also, do explain to CIC why you were refused a PR by CIC when you applied earlier. As long as you are honest in your answers, CIC will not count it against you in any way. It is no crime to have your PR refused by any country as long as you have NOT been refused as a result of criminal record or felony.

Mark