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Topic: Appeal Against Negative decision/options after Refusal letter
"Is there any way to appeal against a negative decision made by CIC visa officer".
I applied in 2005 through CIC office in London, England, Nowin July 2007 they send a letter that they are refusing my skilled worker application on the basis that i got 65 points, instead of 67. A little earlier then getting this letter i ordered caips notes, which states that after initial paper screening i got 68 points, and finally Visa officer gave me 65. My total breakdown of points according to visa officer is:
Age: 10
Education: 22
Langauge proficiency: 12 (Claimed 16 for maximum prof. & submitted add. docs as well to support)
Experience: 21
Total: 65
Though I am not a native English speaker thats why i submitted IELTS test results, in which i got overall 7 band, but in listening and reading i got 6.5 band each, though i submitted add. docs to claim 16 points in Language but they awarded me 12.
I will be obliged if anyone kindly help me with the options after refusal letter, IS THERE ANY WAY I CAN APPEAL AGAINST THIS NEGATIVE DECISION, Or DO I HAVE TO APPLY AGAIN AND WAIT FOR 4-5 YEARS AGAIN ? .
Thanks in advance,
Best regards,
Syed.
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Hello there
how did you obtained CAIPS notes? And how would help me that?
I am in the same situation, I got rejected 63 points, and I believe the officer miss-pointed my education (with 2 points) and I also could re-submit IELTS test (and add 2 more points to get the minimum 67)
How long do I have to wait to re-apply, or can I apeal, or can I resubmit papers, WHAT CAN I DO PLEASE?
Thank you for your attention.
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hi,
u can visit www.caipsnotes.ca to order your copy of caips notes, they will charge u 20£. when u get this file hopefully after 5 weeks it will show every detail about how ur case has been assessed by visa officer. I don't think so appeal is a good way becoz its too lengthy too costly, and most lawyers (as iam getting reply) suggested that, and the best way is to , take the ielts again and re-apply.
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Thank you for your quick response.
Re-apply means to wait again for 10 months, all over again? or just send to that officer where my folder was denied, the Application fee and the new IELST test? ( and eventually a copy of my Bachelor's Degree and more than 17 years study, which means 22 points, not 20 as I was assessed?
Thank again.
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You said you were given 22 points for education.
Do you have more than one degree?
I got an answer from another immigration forum "www.immigration.ca/disscution" which says if you have ONE degree, means 20 points. (not 22). I am confused now.
Thanks
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Yes you should be able to appeal the decision. Your best bet is to contact an immi lawyer based in canada (not immi reps). And be prepared to spend some $$$..
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I am so dissapointed by my mistake.... why would I appeal the decision, since I don't have the points anyway? I am 4 points less than minimum.
I will retake the IELTS but is hard to believe that I can improve my english skilles so much, and my understanding now is that I have to take the process all over from the first beginning.
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Yes re-apply means to submit your application again, which in ur case would normally take 10 months, and here from london it will take 49 months minimum until u hear something from CIC, i think ur in 10 time more better place then me, even if you apply all over again. lucky you !
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Hi Syed,
Sorry to here of the negative decision. Based on what you have said with regards to your IELTS scores, I am not sure if your appeal will be successful. Additional documents for prove of language proficiency would not be considered by the visa officer because they would only look at your IELTS score. And 12 points is what they would award you based on the score you said you received (2 points each for reading and listening at 6.5 band and 4 points each for speaking and writing, total 12 points).
Thou, you should look at all your appeal options before you give up on that. You never know where the loophole may be.
On the other hand, I would also suggest that you should reapply as soon as you can. Yes, it is a long wait, but the longer you delay the reapplication, the longer the wait becomes. Secondly, you never know when they may increase (or decrease) the points. Once your application is in the system, your points will be grandfathered (hopefully), so any increase in required points wont effect your application.
To boost your points for reapplication, your possibilities are:
Language: 1) Take IELTS to get more points
2) Take a year long French class to get a few extra points (Alliance Francaise is good or maybe at your local university).
Education: 1) Get a master’s degree (which must be accepted to be equivalent to Canadian master’s degree
2) Get a master’s degree in Canada
Work Experience: Get a job in Canada
Spouse: Get married to someone with a minimum educational qualifications
Some of the above suggestions are of course harder to achieve than others, depending on your personal circumstances. I would think, get a strong IELTS score should do the trick.
I hope you are able to successfully appeal the case or be successful in your reapplication.
Best wishes.
Ray
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hi ray,
thanks very much for your suggestions, these were the points i was thinking as well, currently i am planing to take ielts & re-apply again, but i am not sure if they gonna take whole 4-5 years or give me some kind of relaxation in terms of processing time, lets see. again, thanks for your kind suggestions.
take care
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Today I found my ecas application status in www.cic.gc.ca, as " decision Made ".Since i am not received any letter about interview or medical, Is it mean that my application is approved and I will get the medical papers shortly.4 months earlier I have submited all my PCC and IELTS.Please advise me in this regard.
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It could be anything (approval or refusal). If the application is approved then you should be receiving a request for medical unless you have already submitted it earlier and is still valid. If you do not wish to wait further then I suggest that you contact CIC-Buffalo via their Case Specific Enquiry link @ http://www.cic.gc.ca/EnGLIsh/information/offices/missions/buffalo.asp or email them. They usually respond in 24hrs.
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hi,
we too recieved a refusal letter from London CIC for our Skilled Worker PR application - due to not enough points - visa officer says we have only 65 points. this was on 20th nov 2007
this is incorrect as he has missed out 5 extra points for adaptabilty for having a relative living in canada for the last 18 yrs - we proved this by sending detailed info about how my wife is related to her dad's brother in canada. this info was sent with original application, we had medicals done in Jan 2007 and we applied in Sept 2004 - AOR OCT 2004
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hi every 1. If anyone got refusal based on passing mark less than 67.Please reapply with repeated IELTS results
In IELTS if you will able to get 7.0 in each modules u will get 16 total,and add your french as basic level so u will get atleast 3 additonal marks(for Doccumental proof of french, u can get basic training from any french institute later and give the certificate to CIC at the time of file abdate)
If you want to gain adabdability, you need to submit the relationship by doccumental proof begin with marriage certificate and passport copies of their parents and how they are related to you.(they will not accept, any just a letter as a proof.).
do IELTS, make sure u have additional 2 or 4 or 6 points than before,
just write u have fresnch basic level in speak,listen,read (score each 1,1,1 so 3),before they ask you to ubdate your application do french couse and submit the proof which you filled before.
during waiting period of 30 months, try to get diploma or another degree (add score for total number of education) when u ubdate.
do not waste your time by thinging of you got refused,reapply with full hope,U will succeed.best of luck.
c u in canada
vijay
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I haven't made my way through all the procedures, but I would advise you to talk to a lawyer in Canada. Immigration officers have discretion to admit people who don't meet the necessary points but the officer feels could sucessfully establish themselves. If you have in-demand skills you may be able to have your case re-evaluated.
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Hi ffraz110 --Syed. I am also in the same boat. Initially in my CAPS notes, they granted 19 points for my experience even though I claimed 21. They expalined specific reason that why they gave me 19 points. But now They refused my case saying that I have only 17 points in my experience . So what I can do --- suggest me . Tel me that how can I appeal my case . You can email me at deepak_sharma1997@yahoo.com . I am living in Toronto on student visa . So suggest me some thing
Thanks
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