Visa Rejection
 

We started our skilled worker application in October 2007.
Got ourselves an immigration lawyer to assist us in the process.

Last year we were advised that our application had been selected to be part of group to be assessed in a trial Processing Pilot in Ottowa.

We have recently been advised that our application has failed, due to my 'failure' to provide enough "independent evidence of the employment duties", and we have no recourse for appeal.

We have approached the solicitor and been advised that there is no chance to introduce any further evidence at this point.

The question is.............What Do We Do Now?

We still want to make the move.

Re: Visa Rejection
 

Hi sorry to hear of your rejection. Where were you hoping to move to? What sort of employment were you hoping to move into?

There are a number of different routes to PR visas and one option could be a Provincial Nomination (PNP) A number of provinces offer this and some streams allow the application without skilled worker status or job offers. (Usually the less populated areas)

JD :)

Re: Visa Rejection
 

I would be asking the lawyer why he sent my pack in without the correct documents to back up our claim. What occupation were you applying under and what evidence did you supply?

Re: Visa Rejection
 

Hi

I think you mean you paid for the services of an immigration professsional who failed in providing you suitable advice.

I am surprised you have no route to appeal. I would not take the lawyer's word for it.....it aint been so good so far by the sounds of it.

Oh yeah thats why you are asking on the forum. I hope someone comes along with some experience on this.

I would be asking the lawyer for the money back as a start!

Cheers

JB

PS just to let you know what we did on our 2007 application for work duties etc, I provided contracts (x2) and references from the two companies (headed note paper and HR signitures) which include job description.......I had added this so you can compare to what you sent.

Re: Visa Rejection
 

Hi

1. There is no appeal to the Immigration Appeal Division for FSW.
2. You can file "leave to appeal" to the Federal Court of Canada if there was an error made, but it is not cheap. You have 60 days to file the leave.

Re: Visa Rejection
 

This doesn't appear to be the usual run of the mill FSW application though, or should I say it was not processed in the accepted manner anyway.

What's to say that the 'trial Processing Pilot' in Ottawa. wasn't flawed in some way?

After all if it was a trial maybe appealing via the federal court might produce a positive result in this instance.

Re: Visa Rejection
 

I agree and even though they state there is no process to appeal - if you feel you HAVE provided the correct documentation and they do show the correct duties as listed in the NOC then I would have the lawyer contact them to state this fact and ask them to re-open your file and continue with your application.

The amount of things that CIC get wrong and once prodded, they back down, is actually a lot more than you would ever think.

Re: Visa Rejection
 

I note that everyone has been quick to blame your lawyer. What info did you supply? Why do you believe it was insufficient? Did your lawyer indicate to you that it was likely to be insufficient? Why were you not able to supply the appropriate information at the outset?

Re: Visa Rejection
 

I agree with AmyDavid what sort of an immigration professional would have you send unsatisfactory documents to back up the most important part of the "skilled worker" application?

I'd be all over that "professional" for my money back.

Best of luck going forward though- I hope if works out in the end.

Re: Visa Rejection
 

Ooh your such a lawyer...:rofl: But we still love you :wub:

Re: Visa Rejection
 

sometimes things happen for a reason..so give it up :thumbup:

or i guess you could reapply under the new system?

Re: Visa Rejection
 

Why would you give it up? That seems crazalicious advice?

Re: Visa Rejection
 

As a fellow rejectee I really do feel your pain especially after such a long wait.

We briefly considered appealing on our decision but felt the cost vs outcome was way too risky....we probably had no grounds tho tbh.

There are other ways to get here. I hit the job market hard and landed a job, got a TWP and we are now currently waiting for PR again.

It actually worked out better this way all round despite loosing our initial $1400

Good luck!

Re: Visa Rejection
 

simple.. sometimes things aren't meant to be and the reason becomes apparent later on..im just looking at this from a different angle thats all

Re: Visa Rejection
 

I think it's Amy who is crazalicious :rofl:

Re: Visa Rejection
 

Watch it..! I just know that CIC DO make mistakes - all the time - am currently working on a mistake they made today - I always chase them up on them and 9 times out of 10 they will accept their mistakes.

So depending on what REALLY happened for the OP, it may be worth seeing if they will re-consider.

Re: Visa Rejection
 

now I'm scared...do what ^she^ says :)

Re: Visa Rejection
 

What I meant was that there may have been a valid reason why such a deficient application was sent in. I simply cannot understand why someone would not send documents in that they had access to. Something smells.

Re: Visa Rejection
 

:rofl:

Re: Visa Rejection
 

You are indeed correct - something is not quite right and I can only assume that the documents they did send in did not correspond with the relevant duties stated under the NOC code.

Maybe it was a "lets see if we can squeeze under this NOC even though we didn't really do 100% of those duties".

Re: Visa Rejection
 

Thanx for all the replies.

We're looking at going through the whole rigmarole again. I'm speaking with another professional, who has been pointed my way by a friend in Calgary, to see what we can do and how we should proceed.

The thing that looks to have sunk our application was not having any independent proof of my carrying out the roles I have stated in our application. As I hadn't mentioned our plans to migrate to anyone at work, I was unable to get confirmation from my employer of the duties outlined.:thumbdown:

Let's see if we can get it right this time.

Re: Visa Rejection
 

If my memory serves me right, from what I read on here, weren't there quite a few applications chosen for the Ottawa trial which didn't make it through? What is the trial? A more severe way of processing? Would these have made it through the London office more easily I wonder.

Anyway, good luck and I hope you find another way to Canada.

Re: Visa Rejection
 

So, did your lawyer say that you needed this?? When we applied years ago before the new system we had to supply copies of contacts, job descriptions and references from our employers.

Also, our immigration consultant would not have charged a fee if our application was rejected - apart from for medical reasons.

Re: Visa Rejection
 

I didn't tell the immediate team I was working that I had applied to emigrate to Canada. When I had to provide proof, I approached HR and firstly ask for a confidential meeting and then at the meeting I asked for a Corporate Reference which included my roles. We agreed that my latest performace review would be used as the source of the role description element of the reference. The performence review included a "Description Of Role" box. HR were happy that as the performance review was written by my boss so it was a true representation of my work.

Re: Visa Rejection
 

Not sure if it helps now, but when we applied my husband simply asked his HR department for a reference letter outlining his duties - he didn't tell them what it was for, and they didn't ask. Even if they do ask, couldn't you just say it's for a mortgage application or something?

Re: Visa Rejection
 

If we get that far next time, it may be the way to go. Using hindsight, it would have been better than the route I took last time.

I was advised that should I be unable to get an official letter of reference, then I should personally write a letter outlining the duties I had carried out in any roles over the last 10 years. After 6 pages I thought I'd got everything covered. Alas, I should have gone cap in hand to personnel and tried that option.

As a rule, my company haven't normally given out letters of reference. They have, in the past confirmed employment duration, attendence and sickness records. The reputation of the company, Ex ICI, was usually good enough as a reference in the chemical/petrochemical industry.

Re: Visa Rejection
 

hi can i ask which immigration lawyer you used?

Re: Visa Rejection
 

i just asked my employers outright that i had decide to emmigrate and wanted a reference letter..they were more than happy to outline my role and all the projects i had undertaken..i also went on to carry on working for them another 2 years.