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Post June 26 Application refused. Need advice.

Post June 26 Application refused. Need advice.

Old Jul 6th 2011, 7:30 am
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Default Post June 26 Application refused. Need advice.

Hi,

My application has been refused. Reason being, I sent them results for IELTS Academic version.

I applied in August last year and positive Initial assessment email was received in December last year.

They sent an email in February to sent results of General training module. The email was never received, I also check my Junk mail regularly.

Now what should I do? I tried replying to the email I received, and seems like email can not be sent to that email address.

How to contact them, I can send them Ielts General training in one month, would they consider it now? I am so frustrated. I was thinking of getting a medical request and instead got this email.

Please guide me if you can.

Regards,
Balla

Last edited by balladaku; Jul 6th 2011 at 7:32 am. Reason: typo
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Old Jul 6th 2011, 7:57 am
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Default Re: Post June 26 Application refused. Need advice.

Originally Posted by balladaku
Hi,

My application has been refused. Reason being, I sent them results for IELTS Academic version.

I applied in August last year and positive Initial assessment email was received in December last year.

They sent an email in February to sent results of General training module. The email was never received, I also check my Junk mail regularly.

Now what should I do? I tried replying to the email I received, and seems like email can not be sent to that email address.

How to contact them, I can send them Ielts General training in one month, would they consider it now? I am so frustrated. I was thinking of getting a medical request and instead got this email.

Please guide me if you can.

Regards,
Balla
Hi.

I am sorry to hear of your application's rejection But as far as I am aware since June 2010 Academic IELTS results have never been acceptable and only the General Training is acceptable.

Emails from CIO cannot be replied to at the address they come from. You can try:
[email protected]

Or I believe there is a case-specific online form on the CIO website.

My suspicion is that they will not reopen the case. From their point of view they received an ineligible application since the General Training IELTS results were not included. As per standard practice they sent an email asking for GT IELTS and from their point of view they did not receive them.

The best you might manage is to get them to prove they sent it - but I do not think after sending it they will accept any responsibility if it gets lost after that.

Did your draft get cashed/credit card charged? If so, your application passed the completeness test which means it failed at the CIO eligibility review. So if this is the case I do not think you will get your application back, only a refund of the processing fees.

Which NOC did you apply under? If it wasn't 1122, 3152 or 3131 then there's still a good chance you can re-gather your documents, this time including a General IELTS test, and reapply this year. Those three NOCs are likely to fill up quickly but the remaining NOCs should take a while. Please note that for July2011 to July2012 there is a 500 cap on each NOC (it was 1000 last year).

With all this I am assuming you applied under FSW cat 1.

Wayne.
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Old Jul 6th 2011, 2:48 pm
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Default Re: Post June 26 Application refused. Need advice.

Originally Posted by Waggle
Hi.

I am sorry to hear of your application's rejection But as far as I am aware since June 2010 Academic IELTS results have never been acceptable and only the General Training is acceptable.

Emails from CIO cannot be replied to at the address they come from. You can try:
[email protected]

Or I believe there is a case-specific online form on the CIO website.

My suspicion is that they will not reopen the case. From their point of view they received an ineligible application since the General Training IELTS results were not included. As per standard practice they sent an email asking for GT IELTS and from their point of view they did not receive them.

The best you might manage is to get them to prove they sent it - but I do not think after sending it they will accept any responsibility if it gets lost after that.

Did your draft get cashed/credit card charged? If so, your application passed the completeness test which means it failed at the CIO eligibility review. So if this is the case I do not think you will get your application back, only a refund of the processing fees.

Which NOC did you apply under? If it wasn't 1122, 3152 or 3131 then there's still a good chance you can re-gather your documents, this time including a General IELTS test, and reapply this year. Those three NOCs are likely to fill up quickly but the remaining NOCs should take a while. Please note that for July2011 to July2012 there is a 500 cap on each NOC (it was 1000 last year).

With all this I am assuming you applied under FSW cat 1.

Wayne.
Thank you Wayne for your reply and providing the email address. I've sent them an email but I dont think I'll get a response soon.
What Form are you refering to on the CIO website?
I applied as under NOC 3112.
So strange, they sent Positive Initial assessment email and after almost one year the application is refused because the IELTS was not of correct type. They did not send email as they claim they did, as I mentioned earlier I check my email daily (including junk emails). Not sure what to do...Can a lawyer be of any help?

Thanks,
Balla
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Old Jul 6th 2011, 3:09 pm
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Default Re: Post June 26 Application refused. Need advice.

Originally Posted by balladaku
Thank you Wayne for your reply and providing the email address. I've sent them an email but I dont think I'll get a response soon.
What Form are you refering to on the CIO website?
I applied as under NOC 3112.
So strange, they sent Positive Initial assessment email and after almost one year the application is refused because the IELTS was not of correct type. They did not send email as they claim they did, as I mentioned earlier I check my email daily (including junk emails). Not sure what to do...Can a lawyer be of any help?

Thanks,
Balla


By Positive Initial assessment are you talking about their self-assessment test? Or they actually mailed you a positive initial assessment after receiving your full docs?

A lawyer IMO will only be of help if you can prove that CIC did not send the email. In a legal case it would probably be fairly easy for them to prove they sent it from their email server logs, and they'd argue they are not responsible if it didn't get to you.

Last year NOC 3112 only had 950 total applications for the entire year, so under the next year which has already started (when the cap is 500) one would expect the cap to be filled after 5 or 6 months.

I think under the circumstances rather than wasting your efforts trying to sue the CIC, when it is probably quite easy for them to prove that from their point of view they were in the right, I would be looking at resubmitting a new application.

Get a General IELTS test booked asap, and you should easily be able to get a fresh application in this year before the 500 cap is reached.

It is of course up to you, but that's what I'd do!

Best of luck,
Wayne.
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Old Jul 6th 2011, 8:35 pm
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Default Re: Post June 26 Application refused. Need advice.

Originally Posted by Waggle
By Positive Initial assessment are you talking about their self-assessment test? Or they actually mailed you a positive initial assessment after receiving your full docs?

A lawyer IMO will only be of help if you can prove that CIC did not send the email. In a legal case it would probably be fairly easy for them to prove they sent it from their email server logs, and they'd argue they are not responsible if it didn't get to you.

Last year NOC 3112 only had 950 total applications for the entire year, so under the next year which has already started (when the cap is 500) one would expect the cap to be filled after 5 or 6 months.

I think under the circumstances rather than wasting your efforts trying to sue the CIC, when it is probably quite easy for them to prove that from their point of view they were in the right, I would be looking at resubmitting a new application.

Get a General IELTS test booked asap, and you should easily be able to get a fresh application in this year before the 500 cap is reached.

It is of course up to you, but that's what I'd do!

Best of luck,
Wayne.
Hello Wayne,

By initial positive assessment i mean the following:

Based on a review of the information you have provided, your application has received a positive final determination of eligibility for processing on the basis of:

X Work experience in an occupation specified in the Instructions issued by the Minister of
Citizenship, Immigration and Multiculturalism and published in the Canada Gazette on
June 26, 2010.


Now I am not sure why they sent this email initially if IELTS was that much big of an issue.

Anyways, you are probably right, its better to applay afresh. But I've lost enitre year of processing (rather a year of my life—just waiting)

Thanks a lot anyway Wayne.

Other suggestion? Anyone?

Regards,
Balla

Last edited by balladaku; Jul 6th 2011 at 8:35 pm. Reason: italic
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Old Jul 7th 2011, 7:12 am
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Default Re: Post June 26 Application refused. Need advice.

Originally Posted by balladaku
Hello Wayne,

By initial positive assessment i mean the following:

Based on a review of the information you have provided, your application has received a positive final determination of eligibility for processing on the basis of:

X Work experience in an occupation specified in the Instructions issued by the Minister of
Citizenship, Immigration and Multiculturalism and published in the Canada Gazette on
June 26, 2010.


Now I am not sure why they sent this email initially if IELTS was that much big of an issue.

Anyways, you are probably right, its better to applay afresh. But I've lost enitre year of processing (rather a year of my life—just waiting)

Thanks a lot anyway Wayne.

Other suggestion? Anyone?

Regards,
Balla

Ah. I seem to remember from our thread on canadavisa.com there was a brief time when they were granting people PER's (positive eligibility review confirmation) and then sending another email asking for general IELTS.

In short, CIC cocked up, then realised their error in allowing academic IELTS results through to eligibility review (really these applications should have failed the completeness test if acceptable results were not included).

Soon after this they were asking for general IELTS without first sending the PERs.

Whatever happens, you are going to need a general IELTS test.

So what I would do:

1) Send a case-specific email to CIO informing them that you never received their request for general IELTS. Enclose a copy of your positive eligibility review saying that's the last communication you had from them, so as far as you were aware all your documents were in order, including your IELTS results. Inform them that you are scheduling the general IELTS test as very soon as possible and ask if they will re-open your case to give you time to send it.

2) Do the same via FAX as well, since this is more likely to be read. All the details for fax can be found as outlined by CanadaJimmy on my blog:
http://get2canada.wordpress.com/how-...th-unfair-ner/

When you do your IELTS I believe you can request more than one copy of the results to be sent (you might have to send duplicate results to an organisation rather than yourself - find a work colleague to send the 2nd copy to or something). This can't be done after the fact, but only at the time you take the test.

If you get at least 2 copies you can persue your mercy-plea with CIO with one copy, and prepare a new application with your other copy. Since you failed the eligibility review you won't be getting your application back anyway so it's not a waste trying to get a second set of documents together.

Call it Plan A and Plan B if you will.

Even if CIO won't re-open your case, it takes only 1 month or so at CIO to get a fresh PER. That might be a bit longer at the monent because of the large intake on 1st July but still my guess is it will be no longer than 2 months.

As I have said, your NOC fortunately is one which will probably take at least 5 or 6 months to fill up, so time is on your side.

Best of luck!
Wayne.
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Old Jul 7th 2011, 3:40 pm
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Default Re: Post June 26 Application refused. Need advice.

Originally Posted by Waggle
Ah. I seem to remember from our thread on canadavisa.com there was a brief time when they were granting people PER's (positive eligibility review confirmation) and then sending another email asking for general IELTS.

In short, CIC cocked up, then realised their error in allowing academic IELTS results through to eligibility review (really these applications should have failed the completeness test if acceptable results were not included).

Soon after this they were asking for general IELTS without first sending the PERs.

Whatever happens, you are going to need a general IELTS test.

So what I would do:

1) Send a case-specific email to CIO informing them that you never received their request for general IELTS. Enclose a copy of your positive eligibility review saying that's the last communication you had from them, so as far as you were aware all your documents were in order, including your IELTS results. Inform them that you are scheduling the general IELTS test as very soon as possible and ask if they will re-open your case to give you time to send it.

2) Do the same via FAX as well, since this is more likely to be read. All the details for fax can be found as outlined by CanadaJimmy on my blog:
http://get2canada.wordpress.com/how-...th-unfair-ner/

When you do your IELTS I believe you can request more than one copy of the results to be sent (you might have to send duplicate results to an organisation rather than yourself - find a work colleague to send the 2nd copy to or something). This can't be done after the fact, but only at the time you take the test.

If you get at least 2 copies you can persue your mercy-plea with CIO with one copy, and prepare a new application with your other copy. Since you failed the eligibility review you won't be getting your application back anyway so it's not a waste trying to get a second set of documents together.

Call it Plan A and Plan B if you will.

Even if CIO won't re-open your case, it takes only 1 month or so at CIO to get a fresh PER. That might be a bit longer at the monent because of the large intake on 1st July but still my guess is it will be no longer than 2 months.

As I have said, your NOC fortunately is one which will probably take at least 5 or 6 months to fill up, so time is on your side.

Best of luck!
Wayne.
Thanks a heap Wayne. Appreciate your help.
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