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Refusal of PR

Discussion in 'Provincial Nomination Program Immigration' started by PRIYANKA MAHENDRU, Nov 29, 2018.

  1. Der Sir,
    Greetings of the day!!
    My problem is stated below.
    I was nominated by Ontario state under the PNP of their their state. I was the Express Entry pool under NOC 2133
    I have been refused PR by IRCC for the following reason:
    " I do not appear to meet Federal Skilled Worker (FSW) program minimum requirements as per R75(2)"

    The experience of Electrical and Electronics Engineer calls for
    " Electrical and electronics engineers design, plan, research, evaluate and test electrical and electronic equipment and systems. They are employed by electrical utilities, communications companies, manufacturers of electrical and electronic equipment, consulting firms, and by a wide range of manufacturing, processing and transportation industries and government"

    I think that my experience includes the duties of an Electronics Engineer.
    My job is design, plan, research, evaluate, guiding research and test electrical and electronic equipment and systems apart from the teaching assignments in Electronics, IT and Electrical branches of undergraduate students of Engg. I am attaching herewith three career episodes of my life that clearly illustrate my performance as ELECTRONICS ENGINEER" I have been working for the last more than 11 years of Professional Career as Electronics and Communication Engineer.,consisting of Research & Development, teaching Electronics Engineering in an ISO 9000 certified, NBA accredited, AICTE approved and affiliated to Dr AK Technical University, Lucknow, Engineering College.I am Planner, Researcher as substantiated by my research publications and University Evaluator and tester in Electronics Laboratories as substantiated by career episodes. I do all the duties of Electronics Engineer. They are employed by Engineering colleges too otherwise who will produce "ELECTRONICS ENGINEER"? For example, a cancer specialist can join Hospital, Dispensary , Cancer Research Center, own clinic, government, and Medical College etc


    2. I have 05 Publications in International Journals and three in National conferences.

    3. One of my Papers got place in NASA Digital Library.

    4. I am Associate Member of the Institution of Engineers (India) as Electronics Engineer (AM100616-1) based upon my experience as


    Electronics Engineer and Teacher in Electronics Engineering.

    5.Based upon my experience, I am recognized as Electronics Engineer and nothing else.


    6. As per IRCC requirements even today I meet the minimum entry criteria of FSW ( Federal Skilled Worker ( E001283168).


    7. I am Electronics Engineer Cum Teacher. I am doing all the duties of Electronics Engineer


    8.My experience letter is attached herewith. In most of the big establishments standard experience letter is issued briefly giving the period and job of his employment. No specific details are mentioned.
    [​IMG]
    9. I with all humility request you to consider my submissions above since I am hardcore Electronics Engineer and meet the requirements of NOC 2133.

    Kind regards,

    PRIYANKA MAHENDRU
     
  2. #2 zardoz, Nov 29, 2018 at 10:22 AM
    Last edited: Nov 29, 2018
    Here is a link to IRPR 75(2). Check for yourself if you meet the minimum requirements.

    https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/page-17.html#h-46

    Note that this forum is not run by or part of IRCC. We can make suggestions and help you to understand but we are not in a position to affect IRCC decisions.

    You can order your GCMS notes to help you discover why you are rejected. The reason why should be explained in the notes.
     
  3. At what stage did they reject you?
     
  4. #4 TommySan, Nov 30, 2018 at 8:52 PM
    Last edited: Nov 30, 2018
    Hello, check the requirements here:
    https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/economic-classes/federal-skilled-workers/assessing-applications-against-minimum-requirements.html

    Then check the common mistakes and see if any is your case:

    - Work experience haven't been proved
    - Work XP is not within last 10 years
    - Diploma wasn't validated through Educational Credential Assessment institutions
    - IELTS General or CELPIP general wasn't provided to assess English level
    --- NOC A or 0 must have CLB 7 or more
    --- NOC B must have CLB 5 or more
    - English test provided is no longer valid (>2 years)​

    About English:
    https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/language-requirements.html


    Basically, the FSW has another points system.


    If that is the reply letter you intend to send them, I suggest you review it for English. Some parts are not understandable, and point 7 has... "cum" in it.

    Then focus your reply only on the requirements of the FSW, which are basically work experience, education (validated), and English (or French) and all has to be proved. If you meet the criteria, you meet the criteria and PERIOD, and you don't have to beg them to review your documents, you prove they are wrong and unfair, which in turn will make then afraid of denying your application through a process called procedural fairness and they would be in trouble.

    If the company only issues a standard letter and does not State the job duties, ask them a more specific one, provide phones and emails they can use to call and check. If the company is too big and you can't contact anyone, but if you held other jobs that also fit the description for >1 year, try the other companies. But insist with your employer and explain your situation, as they usually arrange that for you (I have seen Cargill's HR deny everything to a friend in Canada, though, so some companies simply don't care). If talking to HR doesn't work, perhaps you could use a general job description they provide in a job posting for a certain position, like "tech engineer II" and prove by the job posting that those are the functions of the "tech engineer." Attach the job posting to your referral letter.

    Make sure that the duties fit the noc, and not the degree. A college teacher who is a physician and is teaching public health, hygiene, etc., and even emergency/intensive care, might not be able to claim a physician NOC since not employed by a hospital doing intensive care, but instead, is employed by the college, teaching. In this case, the noc would be "teacher" or something, and duties are just teaching, not intensive care. The degree allows for intensive care pathways, but the employer and duties are not related to anything other than teaching. If the duties are mixed, then you have to explain.
     
  5. Hi,

    Greetings!!
    They rejected me at the final stage after all the documents were submitted. I had cleared the Medical, Police Clearance, got the nomination from Ontario state and the the Procedural Fairness Check etc.

    PRIYANKA MAHENDRU
     
  6.  
  7. Hi,
    I was informed about refusal on 14th Oct'18. I am positioned in India. Is there any limit to the period, I have to submit my review application?
    Kindly let me know "where to" and "whom to" submit and address to the review and reconsideration application.An early reply shall greatly oblige.

    Kind regards,

    PRIYANKA MAHENDRU
     
  8. Do you have any review rights?
     
  9. I do not know. In their refusal letter , they have not stated anything about review etc. I have not been barred. I have not been punished. I am able to enter my profile again under the Express entry. I should have the right for review as a normal human being.

    PRIYANKA MAHENDRU
     
  10. I can totally feel your pain but CIC doesn't. Absolutely you can resubmit your application but with a different NOC which needs to be more closely related to your experience. Good luck!
     
  11. Do you mean to say that there is no provision for review for me?
     
  12. You can officially appeal the refusal but you only have a limited number of days to submit the appeal from the time you were refused. What does your refusal letter say? This will tell you how long you have to appeal. It may already be too late. You're looking into all of this a bit late given you were refused more than a month and a half ago.
     
  13. According to my information, I can submit my appeal for review within 60 days. Can you advise "where to" and "to whom " the appeal is to be lodged preferably email. I would not like to go to any court. Kind regards,

    PRIYANKA MAHENDRU
     

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