CIC response to appeal letter
#1
CIC response to appeal letter
Following our refusal letter in July I penned an appeal letter to London CIC.
This week we got a reply:
Dear XXXXX,
This refers to recent correspondence received at our office requesting reconsideration of your application for Permanent Residence in Canada as a Federal Skilled Worker.
I have reviewed the decision that was made in July 2013. I note that you have temporarily relocated to Canada and have obtained a work permit in January 2012 valid until 2014. To obtain points under the adaptability factor, however, Subsection 83(3) of the Regulations state state that an applicant must have engaged in work in Canada, under a work permit, for at least one year. While Subsection 82(2) also allows additional points for work in Canada, this must be done under the Arranged Employment programme, where an employer makes an indeterminate offer of employment, which is then approved by Human Resources and Skills Development Canada (HRSDC).
As neither of these situations apply to the application that you presented to this office, I am satisfied that no error was made in the administration of the Act when an officer assessed your application in May 2012 and your file was therefore not re-opened.
Since you are now working in Canada, however, you may wish to consider the Canadian Experience Class, or the Nova Scotia Provincial Nominee Programme, in which you may qualify.
Please be informed that while we understand that this decision will come as a disappointment to you, we are unable to respond to further requests to revisit it. Should you have different or new information, a new application with new fee will be required. We regret that we could not give you a more positive answer.
For up-to-date information on how to apply for permanent residence in Canada, visit the website at: http://www.cic.gc.ca/english/immigrate/index.asp <http://www.cic.gc.ca/english/immigrate/index.asp> .
Yours sincerely,
Immigration Officer (ISD/MCH)
Canadian High Commission | Haut-commissariat du Canada
1 Grosvenor Square
London W1K 4AB | Londres W1K 4AB
Government of Canada | Gouvernement du Canada
This week we got a reply:
Dear XXXXX,
This refers to recent correspondence received at our office requesting reconsideration of your application for Permanent Residence in Canada as a Federal Skilled Worker.
I have reviewed the decision that was made in July 2013. I note that you have temporarily relocated to Canada and have obtained a work permit in January 2012 valid until 2014. To obtain points under the adaptability factor, however, Subsection 83(3) of the Regulations state state that an applicant must have engaged in work in Canada, under a work permit, for at least one year. While Subsection 82(2) also allows additional points for work in Canada, this must be done under the Arranged Employment programme, where an employer makes an indeterminate offer of employment, which is then approved by Human Resources and Skills Development Canada (HRSDC).
As neither of these situations apply to the application that you presented to this office, I am satisfied that no error was made in the administration of the Act when an officer assessed your application in May 2012 and your file was therefore not re-opened.
Since you are now working in Canada, however, you may wish to consider the Canadian Experience Class, or the Nova Scotia Provincial Nominee Programme, in which you may qualify.
Please be informed that while we understand that this decision will come as a disappointment to you, we are unable to respond to further requests to revisit it. Should you have different or new information, a new application with new fee will be required. We regret that we could not give you a more positive answer.
For up-to-date information on how to apply for permanent residence in Canada, visit the website at: http://www.cic.gc.ca/english/immigrate/index.asp <http://www.cic.gc.ca/english/immigrate/index.asp> .
Yours sincerely,
Immigration Officer (ISD/MCH)
Canadian High Commission | Haut-commissariat du Canada
1 Grosvenor Square
London W1K 4AB | Londres W1K 4AB
Government of Canada | Gouvernement du Canada