Skilled Worker Application Denied - Options?
Apr 26th 2006, 9:11 am
#16
Leavin' on a jet plane!
Joined: Apr 2006
Location: Northern Ireland
Posts: 12
Re: Skilled Worker Application Denied - Options?
I am sorry to hear all the bad luck people are having (well, sounds more like maladministration than bad luck), hope it all works out.
I am moving to Toronto soon on my 1 year work visa, with a view to making a skilled worker application if things work out. These stories have me really worried now -I easily score 70+ points on the online self assessment, but after reading these stories it feels as if this means absolutely zilch??
It is sad to see that everyones futures (that we all work hard for) seem to be jeopardised by poor work on the part of the case officers.
Again, good luck to everyone, I'm sure i'll be talking to you all much more over the coming months.
I am moving to Toronto soon on my 1 year work visa, with a view to making a skilled worker application if things work out. These stories have me really worried now -I easily score 70+ points on the online self assessment, but after reading these stories it feels as if this means absolutely zilch??
It is sad to see that everyones futures (that we all work hard for) seem to be jeopardised by poor work on the part of the case officers.
Again, good luck to everyone, I'm sure i'll be talking to you all much more over the coming months.
Apr 26th 2006, 3:31 pm
#17
Forum Regular
Joined: May 2004
Posts: 210
Re: Skilled Worker Application Denied - Options?
Originally Posted by nissan2
Not Mr. Harper unfortunately (I am in Toronto). However, I will take up your advice and contact my MP, as soon as I receive my CAIPS notes and review these. Although my lawyer said that MP won't care about skilled worker, as they mostly deal with family sponsorship and other applications, but I think it definitely doesn't hurt to give it a try. Just in general terms, what is the best way about contacting MP? In the mean time I will also send in an appeal and re-file for the application.
By the way since you have lawyer all the times what he is saying about your rejection??
Why he did not ordred CAPIS at first place?
Are you sure your case is in good hands? he should be advising you on your options and also would writing to CIC if there is mistake in assessment.
I hope everything would be fine in the end.
Cheers
Apr 27th 2006, 2:22 am
#18
Just Joined
Thread Starter
Joined: Apr 2006
Posts: 8
Re: Skilled Worker Application Denied - Options?
Jonny, let me just say that I was stunned. I mean, hopefully at the end of the day the situation will be fixed. The problem is of course the time it will take... the time which I might not have at the moment.
Azam - I talk to my lawyer on almost daily basis. What I got from him is that the immigration office is an idiot
... moreover, from the looks of it, he actually knows of the office who handled the case from before (based on the history he gave me), and said, that while this is an absolute idiocracy, there is nothing one can do. He said my best options are appeal and re-file my application ASAP, and see which one will get me PR faster.
As for the case, an exact quote from my lawyer is "The Immigration Officer did not award any points for your arranged employment (10 points) and 5 points under the Adaptability Factor." That is all CAIPS notes say, and basically I can bang my head on the wall as much as I want in trying to figure out why. As I said, I am planning to order my own set of notes, just to see if I can get further into the details of what exactly happened, but chances are, this is a lost cause.
As I said, this is ridiculous, but it does reminds me of back in the day when my friend had to go to court to fight off a traffic ticker. Now, I was in the car with him, and was a witness to him crossing the street on a completely green light. Police office stopped him, gave him a ticket for running a red light (300 USD for a college student is to say the least an enormous amount). In court the police officer looked straight at the judge and said that he saw the car enter an intersection on red light on this date and time. Neither his, nor my comments about the situation made any difference with the result of ticket + court fee's. As I said, Life is unfair or as French say Ces't la vie (hmm maybe they can award me some points for my broken French, after all I was able to order a glass of wine when I was in Paris airport for a lay over
).
Anyways, I guess I will keep everyone posted on the progress and let you all know if I find anything in my CAIPS notes once I receive these.
Azam - I talk to my lawyer on almost daily basis. What I got from him is that the immigration office is an idiot
... moreover, from the looks of it, he actually knows of the office who handled the case from before (based on the history he gave me), and said, that while this is an absolute idiocracy, there is nothing one can do. He said my best options are appeal and re-file my application ASAP, and see which one will get me PR faster. As for the case, an exact quote from my lawyer is "The Immigration Officer did not award any points for your arranged employment (10 points) and 5 points under the Adaptability Factor." That is all CAIPS notes say, and basically I can bang my head on the wall as much as I want in trying to figure out why. As I said, I am planning to order my own set of notes, just to see if I can get further into the details of what exactly happened, but chances are, this is a lost cause.
As I said, this is ridiculous, but it does reminds me of back in the day when my friend had to go to court to fight off a traffic ticker. Now, I was in the car with him, and was a witness to him crossing the street on a completely green light. Police office stopped him, gave him a ticket for running a red light (300 USD for a college student is to say the least an enormous amount). In court the police officer looked straight at the judge and said that he saw the car enter an intersection on red light on this date and time. Neither his, nor my comments about the situation made any difference with the result of ticket + court fee's. As I said, Life is unfair or as French say Ces't la vie (hmm maybe they can award me some points for my broken French, after all I was able to order a glass of wine when I was in Paris airport for a lay over
). Anyways, I guess I will keep everyone posted on the progress and let you all know if I find anything in my CAIPS notes once I receive these.
Apr 27th 2006, 3:52 am
#19
Forum Regular
Joined: Jan 2006
Location: Vancouver, BC
Posts: 80
Re: Skilled Worker Application Denied - Options?
Originally Posted by Tinpusher
Apart from the outcome, your situation is similar to mine.
CHC requested more information (including letter from employer regarding indeterminate employment on receiving PR) in January of 2005 with a 90 day limit or "your application will be closed". I sent this almost immediately. Then I heard nothing for months.
Our MP contacted CHC and I almost immediately (less than 2 weeks) received a letter asking for the same information as they had not received anything from me. Why didn't they notify me that the 90 days had expired as it was now August? My MP mailed the information for me with a covering letter and a few weeks later medical requests were received. Coincidence? I think not.
Your MP can ask questions on your behalf and they must answer. Most MPs will be happy to do this. They don't want to be seen as "anti-immigrant" do they? Your MP isn't Mr Harper is it?
Good luck.
Dave
CHC requested more information (including letter from employer regarding indeterminate employment on receiving PR) in January of 2005 with a 90 day limit or "your application will be closed". I sent this almost immediately. Then I heard nothing for months.
Our MP contacted CHC and I almost immediately (less than 2 weeks) received a letter asking for the same information as they had not received anything from me. Why didn't they notify me that the 90 days had expired as it was now August? My MP mailed the information for me with a covering letter and a few weeks later medical requests were received. Coincidence? I think not.
Your MP can ask questions on your behalf and they must answer. Most MPs will be happy to do this. They don't want to be seen as "anti-immigrant" do they? Your MP isn't Mr Harper is it?
Good luck.
Dave
I would recommend the MP route TODAY, our MP even had a standard form for immigration problem requests. If they think you have a case they will immediately request your CAIPS notes from their office probably by fax. Any communication with CIC from an official MP has to receive immediate attention. Hopefully they can at least cause immigration to take another look - which is what you want.
Our application was completely lost in the system and we had a medical request a week after contacting our MP. Wish we'd gone sooner!
Good luck.
Helen
Apr 27th 2006, 4:27 am
#20
Joined: May 2004
Posts: 8,984
Re: Skilled Worker Application Denied - Options?
It is happening quite often lately - visa post not accepting Arranged Employment Opinion for any reason they can. Mostly because verification with employer fails.
You don't have any appeal route, sorry - such is only available to Canadians sponsoring their family members and refugees processed in Canada.
I wouldn't put too much trust in lawyer saying that "there is nothing one can do". Usually not getting all the points desired is the result of not providing sufficient enough evidence to prove your claims and/or impossible to verify claims. Your lawyer should know this and make sure that case is solid and conclusively documented.
You have 2 options (regardless what your lawyer said):
1. Ask visa post for reconsideration - if they missed or misinterpreted something what was submitted. Unfortunately quite often not so good practitioners don't submit all what they get from clients and/or they don't ask clients for more conclusive evidence - thus if evidence available to officer at the time of assessment was insufficient and/or didn't check out then request for re-consideration is pointless.
2. File for Judicial Review with Federal Court - only if refusal decision was made in error in law or with disregard of the law.
If any of the above 2 doesn't apply to you then sorry - blame your lawyer first and re-apply.
You don't have any appeal route, sorry - such is only available to Canadians sponsoring their family members and refugees processed in Canada.
I wouldn't put too much trust in lawyer saying that "there is nothing one can do". Usually not getting all the points desired is the result of not providing sufficient enough evidence to prove your claims and/or impossible to verify claims. Your lawyer should know this and make sure that case is solid and conclusively documented.
You have 2 options (regardless what your lawyer said):
1. Ask visa post for reconsideration - if they missed or misinterpreted something what was submitted. Unfortunately quite often not so good practitioners don't submit all what they get from clients and/or they don't ask clients for more conclusive evidence - thus if evidence available to officer at the time of assessment was insufficient and/or didn't check out then request for re-consideration is pointless.
2. File for Judicial Review with Federal Court - only if refusal decision was made in error in law or with disregard of the law.
If any of the above 2 doesn't apply to you then sorry - blame your lawyer first and re-apply.
Originally Posted by nissan2
Jonny, let me just say that I was stunned. I mean, hopefully at the end of the day the situation will be fixed. The problem is of course the time it will take... the time which I might not have at the moment.
Azam - I talk to my lawyer on almost daily basis. What I got from him is that the immigration office is an idiot... moreover, from the looks of it, he actually knows of the office who handled the case from before (based on the history he gave me), and said, that while this is an absolute idiocracy, there is nothing one can do. He said my best options are appeal and re-file my application ASAP, and see which one will get me PR faster.
As for the case, an exact quote from my lawyer is "The Immigration Officer did not award any points for your arranged employment (10 points) and 5 points under the Adaptability Factor." That is all CAIPS notes say, and basically I can bang my head on the wall as much as I want in trying to figure out why. As I said, I am planning to order my own set of notes, just to see if I can get further into the details of what exactly happened, but chances are, this is a lost cause.
As I said, this is ridiculous, but it does reminds me of back in the day when my friend had to go to court to fight off a traffic ticker. Now, I was in the car with him, and was a witness to him crossing the street on a completely green light. Police office stopped him, gave him a ticket for running a red light (300 USD for a college student is to say the least an enormous amount). In court the police officer looked straight at the judge and said that he saw the car enter an intersection on red light on this date and time. Neither his, nor my comments about the situation made any difference with the result of ticket + court fee's. As I said, Life is unfair or as French say Ces't la vie (hmm maybe they can award me some points for my broken French, after all I was able to order a glass of wine when I was in Paris airport for a lay over).
Anyways, I guess I will keep everyone posted on the progress and let you all know if I find anything in my CAIPS notes once I receive these.
Azam - I talk to my lawyer on almost daily basis. What I got from him is that the immigration office is an idiot
... moreover, from the looks of it, he actually knows of the office who handled the case from before (based on the history he gave me), and said, that while this is an absolute idiocracy, there is nothing one can do. He said my best options are appeal and re-file my application ASAP, and see which one will get me PR faster. As for the case, an exact quote from my lawyer is "The Immigration Officer did not award any points for your arranged employment (10 points) and 5 points under the Adaptability Factor." That is all CAIPS notes say, and basically I can bang my head on the wall as much as I want in trying to figure out why. As I said, I am planning to order my own set of notes, just to see if I can get further into the details of what exactly happened, but chances are, this is a lost cause.
As I said, this is ridiculous, but it does reminds me of back in the day when my friend had to go to court to fight off a traffic ticker. Now, I was in the car with him, and was a witness to him crossing the street on a completely green light. Police office stopped him, gave him a ticket for running a red light (300 USD for a college student is to say the least an enormous amount). In court the police officer looked straight at the judge and said that he saw the car enter an intersection on red light on this date and time. Neither his, nor my comments about the situation made any difference with the result of ticket + court fee's. As I said, Life is unfair or as French say Ces't la vie (hmm maybe they can award me some points for my broken French, after all I was able to order a glass of wine when I was in Paris airport for a lay over
). Anyways, I guess I will keep everyone posted on the progress and let you all know if I find anything in my CAIPS notes once I receive these.
Apr 27th 2006, 4:47 am
#21
Forum Regular
Joined: Jul 2004
Posts: 90
Re: Skilled Worker Application Denied - Options?
Originally Posted by Andrew Miller
It is happening quite often lately - visa post not accepting Arranged Employment Opinion for any reason they can. Mostly because verification with employer fails.
You don't have any appeal route, sorry - such is only available to Canadians sponsoring their family members and refugees processed in Canada.
I wouldn't put too much trust in lawyer saying that "there is nothing one can do". Usually not getting all the points desired is the result of not providing sufficient enough evidence to prove your claims and/or impossible to verify claims. Your lawyer should know this and make sure that case is solid and conclusively documented.
You have 2 options (regardless what your lawyer said):
1. Ask visa post for reconsideration - if they missed or misinterpreted something what was submitted. Unfortunately quite often not so good practitioners don't submit all what they get from clients and/or they don't ask clients for more conclusive evidence - thus if evidence available to officer at the time of assessment was insufficient and/or didn't check out then request for re-consideration is pointless.
2. File for Judicial Review with Federal Court - only if refusal decision was made in error in law or with disregard of the law.
If any of the above 2 doesn't apply to you then sorry - blame your lawyer first and re-apply.
You don't have any appeal route, sorry - such is only available to Canadians sponsoring their family members and refugees processed in Canada.
I wouldn't put too much trust in lawyer saying that "there is nothing one can do". Usually not getting all the points desired is the result of not providing sufficient enough evidence to prove your claims and/or impossible to verify claims. Your lawyer should know this and make sure that case is solid and conclusively documented.
You have 2 options (regardless what your lawyer said):
1. Ask visa post for reconsideration - if they missed or misinterpreted something what was submitted. Unfortunately quite often not so good practitioners don't submit all what they get from clients and/or they don't ask clients for more conclusive evidence - thus if evidence available to officer at the time of assessment was insufficient and/or didn't check out then request for re-consideration is pointless.
2. File for Judicial Review with Federal Court - only if refusal decision was made in error in law or with disregard of the law.
If any of the above 2 doesn't apply to you then sorry - blame your lawyer first and re-apply.
Why would they be rejecting those with arranged employment for 'any reason they can'? surely those with arranged employment are the ones most likely to succeed?
Apr 27th 2006, 4:54 am
#22
Joined: May 2004
Posts: 8,984
Re: Skilled Worker Application Denied - Options?
More than 80% of current applicants apply with arranged employment for 2 reasons - (1) lack of points without it (or as security in case pass mark goes up) and (2) hoping to speed up process. Unfortunately huge number (more than half) of those applicants are obtaining their job offers in less than legit way and HRSDC has no way to verify it all as they are overwhelmed with flood of applications and without collecting any fees for AEO HRSDC has no resources to do efficient verification. It leaves CIC and processing visa post for doing full verification and such often fails.
Person with job offer that is not quite real ("purchased" or obtained as a help from friendly company that has no intention to follow up with employment) has no better chances to succeed than person without job offer.
Person with job offer that is not quite real ("purchased" or obtained as a help from friendly company that has no intention to follow up with employment) has no better chances to succeed than person without job offer.
Originally Posted by ghitchi2
Why would they be rejecting those with arranged employment for 'any reason they can'? surely those with arranged employment are the ones most likely to succeed?
Apr 27th 2006, 5:09 am
#23
Just Joined
Thread Starter
Joined: Apr 2006
Posts: 8
Re: Skilled Worker Application Denied - Options?
Dear Mr. Miller,
Thank you very much for your response. I will request CAIPS notes to ensure everything was in order and properly submitted. However, as far as I can remember the following has been submitted:
1) Work Permit and new work permit when I switched a company.
2) Job Verification letter from original employer and new employer when requested few weeks. That letter contained job description, salary, duties, etc.
Now I do understand the situation with "false" arrange employment. However, in my case I am already employed, and been employed for 1.5 years in Canada. My company is one of the top 5 consulting firms in the world (new one is also one of these 5 firms). I would assume that this should be sufficient to demonstrate that I have been employment in Canada.
Now, as per your message, I wanted to clarify what is the difference between appeal vs. judicial review? I guess I am confused if appeal you mentioned refers to MP appeal or to some official appeal process. Also, how do I apply for judicial review and would it worth in my situation? As I said this is obviously a mistake, so any judge looking at paperwork can validate that I do work in Canada (gush, they can just call Ministry of Health for that matter, since I been doing some work with these guys for the past year).
One more question, how do I "ask visa post for reconsideration." This seems to be the best option from what you described.
Thank you so much for your help.
Thank you very much for your response. I will request CAIPS notes to ensure everything was in order and properly submitted. However, as far as I can remember the following has been submitted:
1) Work Permit and new work permit when I switched a company.
2) Job Verification letter from original employer and new employer when requested few weeks. That letter contained job description, salary, duties, etc.
Now I do understand the situation with "false" arrange employment. However, in my case I am already employed, and been employed for 1.5 years in Canada. My company is one of the top 5 consulting firms in the world (new one is also one of these 5 firms). I would assume that this should be sufficient to demonstrate that I have been employment in Canada.
Now, as per your message, I wanted to clarify what is the difference between appeal vs. judicial review? I guess I am confused if appeal you mentioned refers to MP appeal or to some official appeal process. Also, how do I apply for judicial review and would it worth in my situation? As I said this is obviously a mistake, so any judge looking at paperwork can validate that I do work in Canada (gush, they can just call Ministry of Health for that matter, since I been doing some work with these guys for the past year).
One more question, how do I "ask visa post for reconsideration." This seems to be the best option from what you described.
Thank you so much for your help.
Apr 27th 2006, 5:12 am
#24
Forum Regular
Joined: Jul 2004
Posts: 90
Re: Skilled Worker Application Denied - Options?
Originally Posted by Andrew Miller
More than 80% of current applicants apply with arranged employment for 2 reasons - (1) lack of points without it (or as security in case pass mark goes up) and (2) hoping to speed up process. Unfortunately huge number (more than half) of those applicants are obtaining their job offers in less than legit way and HRSDC has no way to verify it all as they are overwhelmed with flood of applications and without collecting any fees for AEO HRSDC has no resources to do efficient verification. It leaves CIC and processing visa post for doing full verification and such often fails.
Person with job offer that is not quite real ("purchased" or obtained as a help from friendly company that has no intention to follow up with employment) has no better chances to succeed than person without job offer.
Person with job offer that is not quite real ("purchased" or obtained as a help from friendly company that has no intention to follow up with employment) has no better chances to succeed than person without job offer.
Why is the government talking about cutting the ROLF when government departments don't have the resources they need?...if anything they should be hiking the fees so they can provide a service thats actually functional.
Apr 27th 2006, 5:47 am
#25
Joined: May 2004
Posts: 8,984
Re: Skilled Worker Application Denied - Options?
CIC has nothing to do with HRSDC. It is HRSDC that is not charging any fees for AEO and for LMO - without extra budget they are unable to process 10 times or more applications now than they had in the past. HRSDC cannot ask for money from CIC - they can only ask federal government to include extra funding in next budget or to allow them to collect fees.
Only immigrants without real skills and abilities to adapt have difficult time to find jobs and they are the ones most often complaining in this and other forums - they wait for handouts, their language proficiency is not as it should be, they didn't do proper research and preparation before move thinking that all will be waiting for them in Canada on a silver plate.
At the same time Canada is issuing every year about 120,000 work permits - most to applicants who were able to get job offers and have them approved by HRSDC without being in Canada. What it tells you about attitude and abilities of small portion of about only 55,000 Skilled Workers class principal applicants landing in Canada each year?
Only immigrants without real skills and abilities to adapt have difficult time to find jobs and they are the ones most often complaining in this and other forums - they wait for handouts, their language proficiency is not as it should be, they didn't do proper research and preparation before move thinking that all will be waiting for them in Canada on a silver plate.
At the same time Canada is issuing every year about 120,000 work permits - most to applicants who were able to get job offers and have them approved by HRSDC without being in Canada. What it tells you about attitude and abilities of small portion of about only 55,000 Skilled Workers class principal applicants landing in Canada each year?
Originally Posted by ghitchi2
wow. ok. makes sense. I had no idea so many of the applicants applied with arranged employment...so many people write on here talking about how its virtually impossible to get a job offer...heck most immigrants have a hard enough time finding work even after they arrive never mind when they're still on the other side of the world.
Why is the government talking about cutting the ROLF when government departments don't have the resources they need?...if anything they should be hiking the fees so they can provide a service thats actually functional.
Why is the government talking about cutting the ROLF when government departments don't have the resources they need?...if anything they should be hiking the fees so they can provide a service thats actually functional.
Apr 27th 2006, 6:06 am
#26
Forum Regular
Joined: Jul 2004
Posts: 90
Re: Skilled Worker Application Denied - Options?
Originally Posted by Andrew Miller
CIC has nothing to do with HRSDC. It is HRSDC that is not charging any fees for AEO and for LMO - without extra budget they are unable to process 10 times or more applications now than they had in the past. HRSDC cannot ask for money from CIC - they can only ask federal government to include extra funding in next budget or to allow them to collect fees.
Only immigrants without real skills and abilities to adapt have difficult time to find jobs and they are the ones most often complaining in this and other forums - they wait for handouts, their language proficiency is not as it should be, they didn't do proper research and preparation before move thinking that all will be waiting for them in Canada on a silver plate.
At the same time Canada is issuing every year about 120,000 work permits - most to applicants who were able to get job offers and have them approved by HRSDC without being in Canada. What it tells you about attitude and abilities of small portion of about only 55,000 Skilled Workers class principal applicants landing in Canada each year?
Only immigrants without real skills and abilities to adapt have difficult time to find jobs and they are the ones most often complaining in this and other forums - they wait for handouts, their language proficiency is not as it should be, they didn't do proper research and preparation before move thinking that all will be waiting for them in Canada on a silver plate.
At the same time Canada is issuing every year about 120,000 work permits - most to applicants who were able to get job offers and have them approved by HRSDC without being in Canada. What it tells you about attitude and abilities of small portion of about only 55,000 Skilled Workers class principal applicants landing in Canada each year?
Maybe the Point System should be simply: 1 point per hockey player you can name. lol.
Apr 27th 2006, 6:15 am
#27
BE Forum Addict
Joined: Jan 2005
Location: SW England
Posts: 1,491
Re: Skilled Worker Application Denied - Options?
Originally Posted by ghitchi2
Maybe the Point System should be simply: 1 point per hockey player you can name. lol.
LOL
If only it was that simple!
Apr 27th 2006, 6:19 am
#28
Joined: May 2004
Posts: 8,984
Re: Skilled Worker Application Denied - Options?
Please read section 10.14 of chapter OP06 of Immigration Manual here to see what qualifies as Arranged Employment:
http://www.cic.gc.ca/manuals-guides/...h/op/op06e.pdf
Working in Canada on valid work permit qualifies for AE points if such work started before applying for PR. With proper second job offer and AEO and with conclusive enough evidence it may also work if applicant started working after submitting PR application (which seems to be in your case) - but work permit alone and evidence you listed didn't qualify for AE and your lawyer should know that. If it is all what was submitted to claim AE points then your lawyer is not very competent, sorry.
There is no appeal process available for any visa applicants - the only exception are refugees processed in Canada and Canadians sponsoring family members who can appeal to Appeal Division of IRB.
All other visa applicants can only (1) ask visa post for reconsideration if visa post missed something what was in file, or (2) file for Judicial Review with Federal Court if decision was made in error in law or with disregard of the law. I don't know all details of your file but from what you so far disclosed there are no grounds for any of the above and it is your lawyer who is incompetent if what you listed was the only evidence supporting AE claim.
There is no such thing as "MP appeal" - MP can only help with getting information but cannot influence in any way the process. And MP should only represent voters, Canadian citizens.
http://www.cic.gc.ca/manuals-guides/...h/op/op06e.pdf
Working in Canada on valid work permit qualifies for AE points if such work started before applying for PR. With proper second job offer and AEO and with conclusive enough evidence it may also work if applicant started working after submitting PR application (which seems to be in your case) - but work permit alone and evidence you listed didn't qualify for AE and your lawyer should know that. If it is all what was submitted to claim AE points then your lawyer is not very competent, sorry.
There is no appeal process available for any visa applicants - the only exception are refugees processed in Canada and Canadians sponsoring family members who can appeal to Appeal Division of IRB.
All other visa applicants can only (1) ask visa post for reconsideration if visa post missed something what was in file, or (2) file for Judicial Review with Federal Court if decision was made in error in law or with disregard of the law. I don't know all details of your file but from what you so far disclosed there are no grounds for any of the above and it is your lawyer who is incompetent if what you listed was the only evidence supporting AE claim.
There is no such thing as "MP appeal" - MP can only help with getting information but cannot influence in any way the process. And MP should only represent voters, Canadian citizens.
Originally Posted by nissan2
Dear Mr. Miller,
Thank you very much for your response. I will request CAIPS notes to ensure everything was in order and properly submitted. However, as far as I can remember the following has been submitted:
1) Work Permit and new work permit when I switched a company.
2) Job Verification letter from original employer and new employer when requested few weeks. That letter contained job description, salary, duties, etc.
Now I do understand the situation with "false" arrange employment. However, in my case I am already employed, and been employed for 1.5 years in Canada. My company is one of the top 5 consulting firms in the world (new one is also one of these 5 firms). I would assume that this should be sufficient to demonstrate that I have been employment in Canada.
Now, as per your message, I wanted to clarify what is the difference between appeal vs. judicial review? I guess I am confused if appeal you mentioned refers to MP appeal or to some official appeal process. Also, how do I apply for judicial review and would it worth in my situation? As I said this is obviously a mistake, so any judge looking at paperwork can validate that I do work in Canada (gush, they can just call Ministry of Health for that matter, since I been doing some work with these guys for the past year).
One more question, how do I "ask visa post for reconsideration." This seems to be the best option from what you described.
Thank you so much for your help.
Thank you very much for your response. I will request CAIPS notes to ensure everything was in order and properly submitted. However, as far as I can remember the following has been submitted:
1) Work Permit and new work permit when I switched a company.
2) Job Verification letter from original employer and new employer when requested few weeks. That letter contained job description, salary, duties, etc.
Now I do understand the situation with "false" arrange employment. However, in my case I am already employed, and been employed for 1.5 years in Canada. My company is one of the top 5 consulting firms in the world (new one is also one of these 5 firms). I would assume that this should be sufficient to demonstrate that I have been employment in Canada.
Now, as per your message, I wanted to clarify what is the difference between appeal vs. judicial review? I guess I am confused if appeal you mentioned refers to MP appeal or to some official appeal process. Also, how do I apply for judicial review and would it worth in my situation? As I said this is obviously a mistake, so any judge looking at paperwork can validate that I do work in Canada (gush, they can just call Ministry of Health for that matter, since I been doing some work with these guys for the past year).
One more question, how do I "ask visa post for reconsideration." This seems to be the best option from what you described.
Thank you so much for your help.
Apr 27th 2006, 6:21 am
#29
Just Joined
Joined: Apr 2006
Posts: 9
Re: Skilled Worker Application Denied - Options?
Well said ghitchie2!
Thanks Andrew for that valuable piece of information on AEOs. I was baffled by the fact that they did not consider my AEO. My employer is easily verifiable and perfectly legit. I was under the impression that Buffalo just forgot about my 10 points and it drove me nuts thinking about the imbeciles deciding my future.
Luckily I had enough points to spare and barely made it to a 71 thanks to my IELTS.
Anyway nissan, good luck and let us know what you decide to do.
Thanks Andrew for that valuable piece of information on AEOs. I was baffled by the fact that they did not consider my AEO. My employer is easily verifiable and perfectly legit. I was under the impression that Buffalo just forgot about my 10 points and it drove me nuts thinking about the imbeciles deciding my future.
Luckily I had enough points to spare and barely made it to a 71 thanks to my IELTS.Anyway nissan, good luck and let us know what you decide to do.
Apr 27th 2006, 6:24 am
#30
Just Joined
Thread Starter
Joined: Apr 2006
Posts: 8
Re: Skilled Worker Application Denied - Options?
Haha,
Well let me see, we are playing hockey game today with 14 of my friends (all born and raised Canadians). That is an event we have every year after which we all head out to Gretzky's (local pub). Tomorrow, morning the same group is heading out to the cottage, where we set up the docks for all of my friends for the summer and drink Coors Light and Canadian. In addition to that, I started saying ehh and bevies recently (annoys the hell out of my friends in US) and picking on Bush... and yes, even I (being Russian and all) admit that 1972 was the greatest hockey series of all times... so anyone, how many points do I score?
P.S. Maybe if I cc that msg to the immigration officer, I will get my 5 points for adoptability back?
Well let me see, we are playing hockey game today with 14 of my friends (all born and raised Canadians). That is an event we have every year after which we all head out to Gretzky's (local pub). Tomorrow, morning the same group is heading out to the cottage, where we set up the docks for all of my friends for the summer and drink Coors Light and Canadian. In addition to that, I started saying ehh and bevies recently (annoys the hell out of my friends in US) and picking on Bush... and yes, even I (being Russian and all) admit that 1972 was the greatest hockey series of all times... so anyone, how many points do I score?
P.S. Maybe if I cc that msg to the immigration officer, I will get my 5 points for adoptability back?
Last edited by nissan2; Apr 27th 2006 at 6:52 am.
