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.

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

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?

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.

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.

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.

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.

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?

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.

Ooh your such a lawyer... But we still love you

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

or i guess you could reapply under the new system?

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

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!

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

I think it's Amy who is crazalicious