spaceace

OK, need your views on this......

We were rejected because of a lack of points, 65 out of 67 fair enough

This means our application did not qualify for processing under the Ministerial Instructions...you need 67 points to qualify - yes?

To quote http://www.cic.gc.ca/english/pdf/kits/guides/EG7.pdf page 39 to 40

If your application does not qualify for processing under the Ministerial Instructions, you will be sent a letter that:
. provides details on the reason why your application is not eligible for processing, and
. confirms that a refund for the processing fee will be issued.

We did not receive a refund, and I believe we should have because we did not qualify for processing.

Thoughts please

lins and Stef McLachlan

Hi
Unfortunately as they had begun processing in order to find that you did not have enough points, you wouldn't be entitled to a refund, as you only get that before they look at it.

I would be interested to hear why you did not have enough points and I say this as we had to go to Federal Court when they took 5 points off us re education leaving us 2 points short. We had also not claimed enough points for adaptability. You only have 60 days from when you find out you have been refused......if you want more info, PM me
Stef

christmasoompa

^^^^ What she said. You only get a refund if you are refused at the first point (i.e. when they do the initial check at CIO Sydney). Once they've started processing your application via London you don't get a refund of processing fees I'm afraid.

spaceace

my only argument is they didn't check very well in Sydney now did they?

grrrr....LOL oh well thanks for the info, I'll just have to chalk that down to experience. I'm certainly not going to rock the boat with CIC at the moment anyway, as we are partially going through our 2nd application attempt (hence me spotting the text and the subject rearing it's ugly head again)

Ta very much

PMM

Hi

The only thing that Sydney checks is that the fee is correct, the application filled out and the NOC you claimed is eligible for processing. Everything else is done at the overseas office.

dasalcedo

I would say that CIO check if you have enough points to be accepted. CIC offices have to verify that you really meet the criteria such as Education, Work history and English points depending on the proof you have submitted.

Cheers

PMM

Hi


No they don't. They are not staffed for that function and therefor cannot make that decision.

christmasoompa

As PMM said, they definitely don't - if you read the application guide it does state very clearly what they check for at the CIO, and meeting the points is not one of those things.

crazy72

As others already said - CIO is not doing any assessment, only preliminary eligibility determination based on claims stated in the application forms. They have no evidence to look at, they only have applicant's claim, truthful or not.

It is the visa post that sees the evidence and makes another eligibility determination, this time based on evidence, before placing file into the assessment queue. And then it is the visa post that assesses the evidence and verifies applicant's claims and awards points in each verified factor. Until it is done nobody knows how many points case may or may not score.

Even if CIO determines that applicant is eligible to apply and forwards case to visa post the eligibility determination is not final until visa posts assesses the evidence.

It is all in the manual, it would be good idea to read it before posting guesses and/or untrue statements.

lins and Stef McLachlan

Hi
They don't check if you have enough points until it is in process and then there is no refund. It is not in process when it is received....but filed as is, without checking (under the old system). All they will check for in the first instance is that they have the fee and the paperwork needed, not what that paperwork says.

I know that is the case as ours was actually checked May 2008 (AOR Jan 2006) when we were asked to update docs, and refused when they took points off us re education....They were wrong to do so as found by Federal Court in our favour, so we were put back into process at the point we were kicked out.

Hope this helps to clarify. Hopefully under the new system discrepencies will be found much sooner as the process is faster.
Stef