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Appeal letter - please read and share your thoughts

Appeal letter - please read and share your thoughts

Old Nov 18th 2007, 10:38 pm
  #1  
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Default Appeal letter - please read and share your thoughts

Read - please guys this is the letter i will send to CIC about reconsidering our refusal based on points too low. i welcome any comments you have - good or bad - advice or anything i could add to make it better or indeed some things may need removing - thanks in advance guys.

Dear CIC,

Please can you reconsider the refusal on our PR skilled worker application.

To our calculations we had 70 points of which 5 points were allocated for having a relative in Canada in the adaptability section. The Visa officer on our case was Robert Miller.

The points for having my wife’s uncle in Canada were not included in the end result – I have no idea why so I have again included my uncle’s details confirming he is my wife’s dad’s brother who has been a PR in Canada for the past 18 years.

Please can our file be reconsidered on that basis and then we could pass the points to above 67 to 70 and fulfil our dream of moving to Canada.

I have summarised our application explaining why certain we took the steps we did as time progressed :


We applied for Skilled Worker PR application in September 2004 and received AOR in October 2004 stating a waiting of 18 months. We received delay letter in April 06 stating further delays.

Me and my wife went on a research trip in June 2006 and had interviews and very positive feedback from potential employers and chose one to apply for LMO and tempory work permit.

I wanted to fast track our case so I applied for tempory work permit and got the positive LMO from Canada in July 2006. I had received a job offer from the employer who applied for the LMO and got the 2 year work visa in August 2006 which was valid until August 2008.

As my children were 3 and 6 yrs old at the time I decided it was best for our family to move to Canada by myself and live the uncle I mentioned above. I didn’t want them to leave schools and my wife her job until we had the PR application fully approved as I wasn’t sure we would pass medicals due to my Hydatid Cysts condition.

I left the UK in September 2006 and CIC London emailed me stating my case would be fast tracked because I had the job in Canada and permit to work and job offer from employer.

I worked in Canada from Sept 2006 to Dec 12th 2006. I had arranged to fly back to the UK so I could see my family over Christmas and attend a hospital appointment with my specialist doctor at UCL tropical diseases hospital in London.

When I left in Sept 2006 I had already booked flights to back in Dec 2006 and then return on the 1st January 2007, I can show tickets/inventory if needed.

We received medical requests on 22nd Dec 2006 so in light of this I decided to stay in the UK with my family until the medicals were done in January 6th 2007 and the results sent via the DMP in Handsworth Wood in Birmingham.

I was very worried about the medicals as I have Hydatid Cysts in my stomach and on medication. I was worried the application would be declined on medical grounds.

In Early 2007 we received a letter from CIC London asking for additional reports from my doctor concerning the medical condition. I sent the reports and within a few weeks CIC sent another letter saying I had to give further reports after my CT Scan in May 2007.

After my CT Scan I had to wait to see my specialist doctor again in London (every 6 months). I saw Professor Chiodini in June 2007 but at the time he did not have the CT Scan results which were to come from a hospital in Birmingham. I explained to him that I was applying for Immigration to Canada and that I needed the report on that scan urgently.

2 months passed of me asking for the medical report and finally on 19th Aug 2007 I went to pick up the from the London doctor.

As I was in London I decided to personally deliver the report on the 20th Aug 2007.
I wanted to speak to a visa officer but was told by the receptionist that enquires about the case were no longer available. I filled out an enquiry form confirming I had sent additional updated information and the medical report and asking CIC if any further documents were required.

I also sent work permit, LMO, job offer, wage slips etc in Sept 2007.

The next letter from CIC was the refusal on not enough points and stating I could not establish my family in Canada. I was shocked at this as I thought I proved I could get a job and work permit in 2006. I know I couldn’t get the extra 10 points as I didn’t carry on living and working in Canada. I was not aware that I didn’t have enough points otherwise I would have done everything possible to pass.

In view of all the above can you please reconsider the decision – I will attach to this letter, all the information I can about my spouse’s uncle. This would hopefully take us over the required 67 points to 70.

Thank you
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Old Nov 19th 2007, 2:11 am
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Default Re: Appeal letter - please read and share your thoughts

Sunny, have you contacted Andrew yet with your letter?? I know you have spent £££ but its all wasted unless you sort this out, and so its worth speaking to him privately as he suggested before you go ahead independently.
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Old Nov 19th 2007, 2:26 am
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Default Re: Appeal letter - please read and share your thoughts

Originally Posted by Sunny Dulai
Read - please guys this is the letter i will send to CIC about reconsidering our refusal based on points too low. i welcome any comments you have - good or bad - advice or anything i could add to make it better or indeed some things may need removing - thanks in advance guys.

Dear CIC,

Please can you reconsider the refusal on our PR skilled worker application.

To our calculations we had 70 points of which 5 points were allocated for having a relative in Canada in the adaptability section. The Visa officer on our case was Robert Miller.

The points for having my wife’s uncle in Canada were not included in the end result – I have no idea why so I have again included my uncle’s details confirming he is my wife’s dad’s brother who has been a PR in Canada for the past 18 years.

Please can our file be reconsidered on that basis and then we could pass the points to above 67 to 70 and fulfil our dream of moving to Canada.

I have summarised our application explaining why certain we took the steps we did as time progressed :


We applied for Skilled Worker PR application in September 2004 and received AOR in October 2004 stating a waiting of 18 months. We received delay letter in April 06 stating further delays.

Me and my wife went on a research trip in June 2006 and had interviews and very positive feedback from potential employers and chose one to apply for LMO and tempory work permit.

I wanted to fast track our case so I applied for tempory work permit and got the positive LMO from Canada in July 2006. I had received a job offer from the employer who applied for the LMO and got the 2 year work visa in August 2006 which was valid until August 2008.

As my children were 3 and 6 yrs old at the time I decided it was best for our family to move to Canada by myself and live the uncle I mentioned above. I didn’t want them to leave schools and my wife her job until we had the PR application fully approved as I wasn’t sure we would pass medicals due to my Hydatid Cysts condition.

I left the UK in September 2006 and CIC London emailed me stating my case would be fast tracked because I had the job in Canada and permit to work and job offer from employer.

I worked in Canada from Sept 2006 to Dec 12th 2006. I had arranged to fly back to the UK so I could see my family over Christmas and attend a hospital appointment with my specialist doctor at UCL tropical diseases hospital in London.

When I left in Sept 2006 I had already booked flights to back in Dec 2006 and then return on the 1st January 2007, I can show tickets/inventory if needed.

We received medical requests on 22nd Dec 2006 so in light of this I decided to stay in the UK with my family until the medicals were done in January 6th 2007 and the results sent via the DMP in Handsworth Wood in Birmingham.

I was very worried about the medicals as I have Hydatid Cysts in my stomach and on medication. I was worried the application would be declined on medical grounds.

In Early 2007 we received a letter from CIC London asking for additional reports from my doctor concerning the medical condition. I sent the reports and within a few weeks CIC sent another letter saying I had to give further reports after my CT Scan in May 2007.

After my CT Scan I had to wait to see my specialist doctor again in London (every 6 months). I saw Professor Chiodini in June 2007 but at the time he did not have the CT Scan results which were to come from a hospital in Birmingham. I explained to him that I was applying for Immigration to Canada and that I needed the report on that scan urgently.

2 months passed of me asking for the medical report and finally on 19th Aug 2007 I went to pick up the from the London doctor.

As I was in London I decided to personally deliver the report on the 20th Aug 2007.
I wanted to speak to a visa officer but was told by the receptionist that enquires about the case were no longer available. I filled out an enquiry form confirming I had sent additional updated information and the medical report and asking CIC if any further documents were required.

I also sent work permit, LMO, job offer, wage slips etc in Sept 2007.

The next letter from CIC was the refusal on not enough points and stating I could not establish my family in Canada. I was shocked at this as I thought I proved I could get a job and work permit in 2006. I know I couldn’t get the extra 10 points as I didn’t carry on living and working in Canada. I was not aware that I didn’t have enough points otherwise I would have done everything possible to pass.

In view of all the above can you please reconsider the decision – I will attach to this letter, all the information I can about my spouse’s uncle. This would hopefully take us over the required 67 points to 70.

Thank you
Sunny, I am sure you must be beside yourself. I totally agree with the advise given, Andrew Miller is a very knowledeable man and seems so very straight talking and helpful. Don't waste time on being angry and frustrated. This will only make yourself feel helpless. Go ahead and do everything you can to help yourself and send this letter off to Andrew for his expert advise.

All the best.
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Old Nov 19th 2007, 3:52 am
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Default Re: Appeal letter - please read and share your thoughts

The letter alone means nothing. Evidence being submitted with it, evidence submitted prior to refusal, it's presentation and few other factors will dictate what and how should be written in the letter.

Sunny, please don't be offended, but answering your question without analyzing evidence is impossible and providing full, proper advice on the matter is well beyond free advice other experts and myself provide in this forum.

I already explained to you what can and should be done as well as your options in reply to your email sent to me the other day and I offered my assistance. Obviously you don't want it.

I really hope you'll win this one. Good luck.

Last edited by Andrew Miller; Nov 19th 2007 at 3:59 am.
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Old Nov 19th 2007, 6:16 am
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Smile Re: Appeal letter - please read and share your thoughts

If it were me I would absolutely not be mentioning your health condition in the letter. You've obviously passed the medical so why bring it up. The problem here lies with the lack of points allocated re the relative in Canada so I would stick with that issue, just in case a new officer then uses your condition as another reason not to issue you a visa.
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Old Nov 19th 2007, 8:19 am
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Default Re: Appeal letter - please read and share your thoughts

Sunny,
If you are serious about your application and emigrating to Canada, then please follow Andrew's suggestions and use his help and services.

He is an extremely knowledgeable and respectable member of this forum. Not many people with his level of knowledge would volunteer the kinds of information he does - especially those who make a living from immigration consultancy. This factor i do know through my own personal experience.

Ruby
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Old Nov 19th 2007, 9:42 am
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Default Re: Appeal letter - please read and share your thoughts

Reading through the letter, i wouldnt bring your medical condition up as this is not what the cic has said.

Better to use Andrew Miller or another consultant at this stage.
If your case is simple then DIY is good, but this is your future, i would risk the next out come without a consultat by my side

Gill
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Old Nov 19th 2007, 12:57 pm
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Default Re: Appeal letter - please read and share your thoughts

Hi Sunny,

Please do not take this the wrong way, your letter is long, rambling and after mentioning the additional information regarding your wife's uncle, goes on to cover things that are irrelevant to you being refused a visa.

The visa officers have all of this information, it is in your file. The refusal was based on not enough points and not any medical condition, mentioning this makes no sense to me. The need for you to get someone at CHC to understand how you feel and read your story has overtaken the purpose of the letter, that is to identify and correct what you see as a mistake in the assessment of your application.

You have clearly been given advice by someone qualified to do so and should therefore let Andrew Miller, or another immigration expert assist you. Yes you will have to pay for that assistance but the likelihood is you will only get one shot at sorting this out (if it can be sorted) and the last thing you will want is to be sitting somewhere in 12 months time, disgruntled about your situation and kicking yourself for not having gone about this in the most effective way.

I hope you manage to get this sorted and I wish you good luck.

John
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Old Nov 19th 2007, 3:07 pm
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Default Re: Appeal letter - please read and share your thoughts

hi - thanks for your reply john

i am glad people are giving me their opinion and will take in account any factors that make sense - as i said this is only a draft letter and will certainly change over the next few days

the main reason i went on about other things and the medical stuff was to give details to CIC as to why i did the things i did at the time.

i could have gone back in Jan 07 to work there and still been there now but i didn't want to leave my family any longer - if i knew only the points were not enough i may have stayed on the work there.

i had medical requests in Dec 06 so i thought we were past the points stage and the main hurdle was the medicals.
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Old Nov 19th 2007, 4:51 pm
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Default Re: Appeal letter - please read and share your thoughts

Originally Posted by Sunny Dulai
hi - thanks for your reply john

i am glad people are giving me their opinion and will take in account any factors that make sense - as i said this is only a draft letter and will certainly change over the next few days

the main reason i went on about other things and the medical stuff was to give details to CIC as to why i did the things i did at the time.

i could have gone back in Jan 07 to work there and still been there now but i didn't want to leave my family any longer - if i knew only the points were not enough i may have stayed on the work there.

i had medical requests in Dec 06 so i thought we were past the points stage and the main hurdle was the medicals.

Sunny, do get some professional advice here. At this stage you could harm your case rather than help. You need a professionally drawn up letter by someone who knows the system, so CIC can see that they have to go by the book. Do contact Andrew or someone to help
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Old Nov 20th 2007, 1:48 pm
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Default Re: Appeal letter - please read and share your thoughts

i think its best for u if u apply through buffalo again instead wasting any time on appeal because u were admitted till august 2008 so u r eligible to apply from buffalo, u can apply by urself to save money because according to me its no use appealing and taking the risk of rejection anyways even if u appeal i donot think before 1 year u will get ur pr and nowadays buffalo cases have become very fast, best of luck whatever decision u take.
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Old Nov 20th 2007, 1:53 pm
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Default Re: Appeal letter - please read and share your thoughts

DO NOT DO AN APPEAL WITHOUT PROFESSIONAL HELP

Let a lawyer or consultant handle it.
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Old Nov 20th 2007, 4:01 pm
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Default Re: Appeal letter - please read and share your thoughts

Sunny,

If you are appealing on your own with no professional help you are taking a HUGE risk, whatever result you get its going to change the rest of your life, and if the result is not what you wanted your going to regret not having paid a little more extra.

If I was in your shoes I would certainly do everything I could to get the funds together to get the result I wanted.

Then if the appeal fails you know you done everything you could. But with professional help I personally think you could win this appeal.
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Old Nov 20th 2007, 6:33 pm
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Default Re: Appeal letter - please read and share your thoughts

Originally Posted by lace
Sunny,

If you are appealing on your own with no professional help you are taking a HUGE risk, whatever result you get its going to change the rest of your life, and if the result is not what you wanted your going to regret not having paid a little more extra.

If I was in your shoes I would certainly do everything I could to get the funds together to get the result I wanted.

Then if the appeal fails you know you done everything you could. But with professional help I personally think you could win this appeal.

My case is similar to sunny. My file was refused.
I explained the whole thing to Mr. Andrew.
He suggested what documents need to be submitted and appealed.
Now we won the case, i got marks for " Relation in canada".

Initially every one said once CIC rejects no chance.

But Mr. Andrew understood the problem correctly and took my case.

Professional experience always helps.
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Old Nov 20th 2007, 8:06 pm
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Default Re: Appeal letter - please read and share your thoughts

Sunny, you've tried to do the application yourself and failed. Please learn something from this. If you're serious about a move to Canada then get professional help for an appeal.
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