I applied for the Immigration of Canada in skilled worker class in June 2001, and Submitted all the documents, and received the file number.
After some time I received the request from Consulate for more information i.e. Proof of relationship in Canada, which I submitted immediately, then after coming effect of the new laws I received the new request on December 13 2003, for IELTS test and updated forms as well as all the documents again, with notice of 180 days and theme was like if you wish to take expediated case assessment, that if I did not submitted all the required documents in the given period my case will be assessed under the former act only, and on the information provided by me at the time of submission, and I even after registering for the IELTS got to know the authority of Taking test, have only available dates after two months and all the other documents which I submitted in 2001 will take more longer than the given notice, so I did not reply as it was in the notice that if I did not reply in 45 days with the required documents my case will be assess under former act.
Then again received the request on January 21 2006, for the same, again with 45 days notice, have no other option again and asked them to assess my case under the former act & regulations, for which I applied in June 2001, and submitted all the required documents, required by visa office. and I received the final decision reply received today from the consulate that
"To date our office has not received all the required documents. I have reveiwed your applciation along with your supporting documents and I am not satisfied that you are not inadmissible nor am I satisfied that you meet the requirement of the Act. I am therefore refusing your application. "
I wanted to know is there any hope for appeal against the decision made
My Edu is BBA Bus Adminstr, Maintaining my own business have Experience of moe then 6 years, real brother Citizen of Canada.
Can you explain more about background education, experience...famil members, and relation who is Canada?
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Loser Two because could not get H1B so next option " Immigration to Canada"
My Education is BBA Business Administration.
Maintaining my own business have Experience of more then 6 years, real brother and his family is a Canadian Citizen.
I would say one thing.
If I had the ability to turn the clock back a few years, I would have never applied for immigration. Or I would have rejoiced on the day my application would have been rejected. If a application is rejected you have no choices. It is the choices which always lead to initial confusion and regrets later once you are here.
I still think somehow I can turn the clock back and go back to my lifestyle I had in India. Now things have changed so much and I have lost these years here, that it is increasingly difficult to settle back over there.
So my friend, i do not know your situation and your motivation to come here. Each individual thinking is different. But trust me, if you have no choices, you are the luckiest person. Consider it to be a blessing in disguise.
Is it a regular three degree course or a correspondence course?
CIC normally will not reject application if someone has a blood relative in Canada. Again it is very subjective.......
There may be some other reason that might have influenced to reject your application.
Again if any application is rejected CIC will clearly state in their letter, the reason will be clear and will not be vague .
There are immigrants only with three years bachelors degree and no blood relative in Canada.
Can you list your marks against the assessing factors such as your age, spouse education, family size..............and the state.
Iceberg
It is very tough to understand the North American Continent real operating experience unless one personally experience.
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Loser Two because could not get H1B so next option " Immigration to Canada"
I submitted my application in 2001 under former act with calculation of 76 points
03 years BBA Regular
Request received in Aug 2001 for Proof of Relationship in Canada (Birth Certificate)
All Documents Completed including Fee
Request Receive in Sep 2003 that send updated forms with and any new information if any along With IELTS (English Proficiency proof)
Letter Received in Dec 2003 rules amended which says “You are entitled to an assessment under the current and former regulation to qualify for Immigration you need to earn 70 points under former or 67 under new regulations. You will need to submit the following documents for us to fully assess your application. 1) An updated application form 2)Include any new information 3) IELTs. If you fail to submit these updated documents and/or Information with in 180 days, we will assess your application on the basis of the information on file. No other documents are required at this time. How ever you may wish to take advantage of our offer of expedited processing to those applicants provide an updated application form proof of the current level of official language proficiency in the form of IELTS test result updated employment reference letters detailing their responsibilities, updated proof of funds and all original education documents. Expedited processing will not be offered to those to applicants who do not submit their original IELTS test report form, submission of these documents may avoid the need for an interview. However it is no guarantee than an interview will be waived."
I registered my self for IELTS test and after completion of registration, they told me it will take more than four months fro test and result. As per my under standing I have been offered for assessment under new Regulations as well as expedited processing if I submit all requested documents, other wise will be assessed under former act of which all formalities were completed 2 years ago, but because of IELTS, it was not possible, I kept silent, so they will automatically assess my case under former act.
Letter Received in Jan 2006
For follow up of previous letter, send the all asked documents within 45 days, or case will be assessed information already on file and may be refused.
I replied to just assess my case under former regulations.
And final letter in Dec 2006 says "To date our office has not received all the required documents. I have reviewed your application along with your supporting documents and I am not satisfied that you are not inadmissible nor am I satisfied that you meet the requirement of the Act. I am therefore refusing your application. "
I am surprised that I have been never asked that in order to complete your assessment under former regulation they need more documents there theme was just like an offer for expedited process,
Been refused on the basis of not submitting my documents asked for is it not necessary to mention that when offering both regulation assessment then should be told that for which specific regulation they require which document.
Curious about my rights to appeal and chances of getting any advantage of it
The refusal letter refer to two clauses of Immigration and Refugee
Protection Act 2001
11. (1) A foreign national must, before entering Canada, apply to an
officer for a visa or for any other document required by the
regulations. The visa or document shall be issued if, following an
examination, the officer is satisfied that the foreign national is not
inadmissible and meets the requirements of this Act.
16. (1) A person who makes an application must answer truthfully all
questions put to them for the purpose of the examination and must
produce a visa and all relevant evidence and documents that the officer
reasonably requires.
When they gave me the choice to go with the old rule which were 1976,
Can they refuse my case on these two clauses?
Please somebody help..
Thanks,
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