refusal letter, what can I do? please help

[meh_99]

Hi guys I am new here,
I just got a letter after 5 years waiting saying that they have refused my case. up until now I thought I had a very strong case and this comes as a surprise.

the letter says:
your app was transferred to warsaw, poland for processing to expedite the processing
I have not completed the assessment of your application for a perm. res. visa as a skilled worker. I have determined that you do not meet the req. for immig. to canada.

subsection 75(2) of the immig. and refugee protection regulations states that a foreign national is a skilled worker if .....

you have failed to provide detailed letters of references from all past and current employers which clearly list the duties performed and projects completed by you during your employment. This info was requested from you by letter of nov. 08


Given the failure to provide the info I am not satisfied that you meet the second or thirs part of requirements mentioned above for stated occupation of a translator ,...."



Anyhow, I am really down with this after 5 yrs of waiting. Can I appeal this or make any changes to this to put it back on track. there is no info on appeal on this. The job info they want is for my wife since she is the primary applicant. can I change the application to my name and I become the primary applicant or can I send them the info they want?

Please somebody help, I would really appreciate it.

thanks

 

[boltz]

I am sorry to hear about this meh_99;

"you have failed to provide detailed letters of references from all past and current employers which clearly list the duties performed and projects completed by you during your employment. This info was requested from you by letter of nov. 08"

Did you provide ALL the employer reference letters for principal applicant (your wife)? or do you think you did NOT provide them?

Provide additional information; so that you can get the help in this regard.

Also, in my view, you might have the option to appeal, if at all you have any option. You CANNOT change the primary applicant to yourself as part of this application - however you can file a separate application, if you choose to do so!

 

[singh123]

Dear Meh_99 sorry to hear your situation.

1)You will not be able to swap place with your wife to become the principal applicant.

2) From your post it appears that you did update your documents on request from CHC but did not provide the employer reference letter(s) with duties. How many employer(s) did the principal applicant have...? Did you provide all employer reference letter(s) without duties?

3) Regarding appeal it can be made within 60 days of the date of rejection letter on a point of law that too in Canada only. However If you write and provide more detail someone in the forum might be able to suggest what options you may have. You may still be able to write to the Program Manager if you think they made a mistake or missed out on some relevant document(s) or information you provided.

4)Please share your AOR?

Disclaimer: I am not an immigration lawyer/consultant. The above is my personal opinion expressed in goodfaith and to the best of my knowledge and ability.

 

[meh_99]

Sorry guys for the late reply, I am very busy trying to find a way out of this.

Apparantly, they denied it for either not including daily duties of my wife's job or could be also because she wrote she worked 44 hours a week but our translator at the time, translated it to 24 hours a week, which was a mistake. Now I am left with how to correct this after they have made their decision. I am not sure where to start and who to take the appeal to, as there is no instructions for appeal in the letter.

my wife only has one employer and we included that info but we didn't put specific duties though.

Anyone knows how to make the appeal, especially if it's needed to be made from canada?

How do I write to the program manager as you suggested, specially now that the case is moved to poland. is the case manager the person who wrote the refusal letter??

We received the letter last week, but it was dated for earlier in july. Would that be my AOR?


please help, any info is appreciated

 

[iateapple]

Get Professional advise rather than doing it yourself - my 2 cents

 

[rupeshhari]

i have heard of a case where a person provided an employment AEO and the IO did not count the points for that and hence the applicant got refused. He appealed and got his case reinstated. But of course, this time, it was the IO's mistake.

It means there is a way to appeal and open up the file, but not sure if they will consider it when it is not the fault of the IO. Best is to get professional advice and figure out what to do.

BTW does your or your wife's job fall in the 38 job list for the new process. If yes, then it might be better to apply through there. However, you have to make sure that your jobs fall in that list.

 

[singh123]

Your AOR is acknowledgement of receipt this is a first letter that you get from CHC when you applied acknowledging the receipt of your application. It tells you the approximate time that your application will take to get processed. It bears a date of issue which is your AOR.

As the information you provide it seems that not mentioning duties of the principal applicant and the wrong translation is what seems to have got you in this situation. But it is strange why they did not give you a chance to correct the information on your file. I mean an interview etc. It may be probably that they do not bother if they do not find the work documents in order.

Lets wait for more information from senior members and ultimately as others have suggested you may have to go in for professional advise.

 

[rupeshhari]

CIC might not have thought that it is a wrong translation but something that makes a person ineligible. You should write to them I guess.

 

[shanbaba]

this may help u
visit trackkit.com for that
shanbaba


"Posted by ojasdatt on 29 Jan 2009
Immigration estimated 66 points but didnt consider my HRSDC / LMO Work permit. Once i got the rejection i mailed them explaning what the situation was, they reassesed my case and granted me 76 points."