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Refusal of PR

PRIYANKA MAHENDRU

Full Member
Nov 29, 2018
20
1
i.Yes, My work experience in NOC B ( Electrical & Electronics Engineer) NOC 2133
ii My English is CLB 7
IELTS Score Writing :6, Reading :6,Speaking :6.5 and writing : 7.

iii.All the documents to prove it are readily available with me and can be despatched immediately. I have Master's qualification and Electronics Engineer teaching Electronics Engineering to B.Tech ( Electronics Engg.) studends in an AICTE approved,ISO 9000 certified, NBA Accredied and affiliated to Dr AK Technical University ( Govt of UP University). I have more than 11 years of experience and the present post is Assistant Professor (Electronics & Communicationn Engg.)
 

Ahmed74

Star Member
Feb 13, 2018
104
11
Category........
QSW
Visa Office......
LVO
App. Filed.......
14-07-2017
AOR Received.
02-11-2017
File Transfer...
15-11-2017
Med's Request
02-11-2018
Med's Done....
8-11-2018
Time is running out. Can you advise me? What should I do?
In my opinion you need to hire a good attorney who specializes in Canadian Immigration. I think there are a few within Canada who may be able to help you.
 

scylla

VIP Member
Jun 8, 2010
92,835
20,492
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
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
It's an appeal to the Federal Court. You will need to hire a lawyer to represent you at the hearing.
 

TommySan

Hero Member
Aug 18, 2017
279
221
Ontario
Oh boy... Sad. Okay, a lot to say:

It appears that you meet the requirements. Did you validate your studies thrgout ECA agencies (WES, ICAS, University of Toronto and etc.)?
Did you get the provincial nomination as engineer or teacher?
Right now, to the readers like me, it seems that you got the nomination as an engineer, but proved experience as a teacher. But I'm not sure because you didn't point where you think they made a mistake or you made a mistake. A side made a mistake, that is for sure.

Advices:

If you have the chance to submit documents now, the only advice is making your defence clear. As I said, the English looks weird, and consider that people are not specialists in your area of expertise, and write in a way that communicates with a border/visa officer. For instance:

iii.All the documents to prove it are readily available with me and can be despatched immediately. I have Master's qualification and Electronics Engineer teaching Electronics Engineering to B.Tech ( Electronics Engg.) studends in an AICTE approved,ISO 9000 certified, NBA Accredied and affiliated to Dr AK Technical University ( Govt of UP University). I have more than 11 years of experience and the present post is Assistant Professor (Electronics & Communicationn Engg.)


In bold are things that are either wrong in English, or does not make sense to us, like AICTE, NBA (other than the basketball league), Dr. AK would be "doctor AK", we don't know what UP is (we know what up is) and so on. Imagine someone telling you he is a Phleb., M.D., & D. Clin. Micr. from CMVA and CPO approved university, current member of CMA and IPA. If all an immigration officer knows are immigration requirements, I would not know how that person meets the requirements. They make mistakes, and we, unfortunately, pay for that.

Make sure you translate your qualifications to a layperson, a regular government employee. Imagine that person with a pile of documents with a deadline to meet and no time to figure what you wanted to say or what those acronyms mean.

And if you have no chance to appeal easily, but just in court, and are absolutely certain you are right and they are wrong, then you may go to court.

------
HOWEVER...
------

If you are skilled, experienced, and have enough points for the express entry, and are willing to immigrate to Canada, and this loss means just an unfortunate momentary delay, I would highly recommend starting a new application.

It would be faster and cheaper.

Hiring a lawyer in Canada for that would start at 5k Canadian dollars at least, easily reaching 10k, and a family of 2 would still need a settlement funds of about 114k.This path would take 1-3 years, and you could lose.

On the other hand, starting over is cheaper and faster.

Starting a new application would require from you the fees and funds and you get your ITA, then PR in 6 months (EE) or 15-19 months (paper based provincial nomination). And you will not have to deal with layers that may make mistakes to your application. Note that they will always say your victory is certain, even if your loss is certain. You lose the money, they get richer, and next day they move on predating someone else.

And there are always other ways, like coming as a worker or student, and you could avoid the need for settlement funds if you are settled and employed in Canada. So if this is your dream, do not give up and keep working for it.
 

vensak

VIP Member
Jul 14, 2016
3,868
1,016
124
Category........
Visa Office......
Vienna
NOC Code......
1225
Job Offer........
Pre-Assessed..
the problem is clearly in his NOC. What he had described is not understood as Electrical engineer. As his primary duties are not there with some very occasional training (based on his seniority). Instead he is focused on certifications and training (also it is done with Electrical engineering and he needs to have the background for it), he is not seen as such.

So you need to recheck your NOC properly. You need to seek also for NOC that do trainings, certifications and evaluations.

And avoid to use that strange looking shortcut for cumulative - it means something completely different.
 
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TommySan

Hero Member
Aug 18, 2017
279
221
Ontario
the problem is clearly in his NOC. What he had described is not understood as Electrical engineer. As his primary duties are not there with some very occasional training (based on his seniority). Instead he is focused on certifications and training (also it is done with Electrical engineering and he needs to have the background for it), he is not seen as such.

So you need to recheck your NOC properly. You need to seek also for NOC that do trainings, certifications and evaluations.

And avoid to use that strange looking shortcut for cumulative - it means something completely different.
I agree.

But this is what puzzles me:

http://www.ontarioimmigration.ca/en/pnp/OI_PNP_EE_CAPITAL_WHO.html

According to OINP Express entry, he/she should qualify under FSW. The province then issued an EOI based on the way he/she stated the qualifications.

Because they cannot see the documents before EOI -> ITA -> process, I wonder if all this misunderstanding could be solved by checking something like "post secondary educator", what would still qualify for FSW. If so, why didn't they give the candidate a chance to correct minor stuff, contact OINP office or send additional docs? I'm not on EE, so I do not know for sure.

This candidate just lost $1500 to the province + federal processing fee, non refundable... That may mean a lot of money depending on currency conversion!
 
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vensak

VIP Member
Jul 14, 2016
3,868
1,016
124
Category........
Visa Office......
Vienna
NOC Code......
1225
Job Offer........
Pre-Assessed..
I agree.

But this is what puzzles me:

http://www.ontarioimmigration.ca/en/pnp/OI_PNP_EE_CAPITAL_WHO.html

According to OINP Express entry, he/she should qualify under FSW. The province then issued an EOI based on the way he/she stated the qualifications.

Because they cannot see the documents before EOI -> ITA -> process, I wonder if all this misunderstanding could be solved by checking something like "post secondary educator", what would still qualify for FSW. If so, why didn't they give the candidate a chance to correct minor stuff, contact OINP office or send additional docs? I'm not on EE, so I do not know for sure.

This candidate just lost $1500 to the province + federal processing fee, non refundable... That may mean a lot of money depending on currency conversion!
Ontario also states, that last word is by federal procedure. What most likely happened is, that they did not check your NOC in detail during your nomination (simple human mistake).
So now you need to recheck your NOC again and find the one that is suitable for you. And attention, not all teachers are under A or B. Some are under C as well.
And be aware that you cannot suddenly change your job description. However you can make it a bit more clear and more explicit in certain areas in order to hit a proper NOC.
So you need to contact Ontario ASAP regarding that and regarding your mistake in NOC, that will have to be corrected. You will also need nomination under new profile in order to get ITA again.
And just to be sure, check your GCSM notes as well.
 

vensak

VIP Member
Jul 14, 2016
3,868
1,016
124
Category........
Visa Office......
Vienna
NOC Code......
1225
Job Offer........
Pre-Assessed..
And one more advice to your NOC.
According to rules your first work experience under that NOC has to be either 12 consecutive months for full time or 24 months for part time. Otherwise it would not count.
For example something like:
01/2010 - 11/2010 - Teacher
01/2011 - 11/2011 - Teacher
01/2012 - 11/2012 - Teacher
01/2013 - 11/2013 - Teacher

Such thing would not count at all. But:
01/01/2010 - 31/12/2010 Teacher
01/2011 - 11/2011 - Teacher
01/2012 - 11/2012 - Teacher
01/2013 - 11/2013 - Teacher

This one would give you full 3 years.
And also attention whenever you are switching to another NOC you need to have first 1 year work experience in that NOC as well. (and yes you can have different NOC during your work experience).
 

PRIYANKA MAHENDRU

Full Member
Nov 29, 2018
20
1
3.Can any body advise me the authority i.e VISA Officer etc and his address where I can address my representation? I am positioned in India and the refusal was communicated on 14th Oct'18. I trust IRCC and want to respect and abide by their decision.But I certainly want to represent and seek justice.

PRIYANKA MAHENDRU
 

PRIYANKA MAHENDRU

Full Member
Nov 29, 2018
20
1
2.I am teaching undergraduate ( Bachelor of Technology- B.Tech. ) Electronics Engineering students. I have continuous 11 years of experience of teaching Electronics Engineering, Research & Development, Planning, Testing, Evaluation, Lab demonstration, Classroom Conduction and Project guide. I have more than 8 International/National publications with presence in NASA digital Library.In my opinion I very much meet the experience requirements of NOC 2133.
 

PRIYANKA MAHENDRU

Full Member
Nov 29, 2018
20
1
1.I do not want to go federal court. I want to represent my case to IRCC to get redressal of my grievance as I am an Electronics Engineer with Master's degree ( M.Tech), teaching Electronics Engineering in All India Council for Technical education ( AICTE-A statutory body) under the Govt. of India.
 

bimale4bipeople

VIP Member
Apr 15, 2018
4,627
1,674
1.I do not want to go federal court. I want to represent my case to IRCC to get redressal of my grievance as I am an Electronics Engineer with Master's degree ( M.Tech), teaching Electronics Engineering in All India Council for Technical education ( AICTE-A statutory body) under the Govt. of India.
Have you got your Masters Degree and or Bachelors Degree evaluated by WES: https://www.wes.org/ca/
 
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