Decision Made ?


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sunilfromdelhi   
Member since: Jan 04
Posts: 11
Location:

Post ID: #PID Posted on: 18-08-04 11:27:20

My application status on CIC web site has changed last week from INPROCESS to DECISION MADE.
I applied to CIC London office on 29.4.03 with self point assessment of 71 marks.
However I was asked to take IELTS test and I could score 6.5 only and thus my point total became 65.

If my application has been rejected I could have received REJECTION LETTER in 1 week's time. But now almost 3 weeks have passed.

Can some one advise me what final outcome I can expect from CIC - Rejected / ccepted of my application?

I requested CIC to consider my case favourably on the basis of my professional experience and financial strength while submitting IELTS score. I had earlier sent approval of my qualification by accredited canadian agency and also acceptance of my qualification by a professional body allowing to take up exam without expereience in Canada in my profession (power engineer).

I think Visa officer have points substitution powers while finally deciding on application.

Regards to everyone


Sunil



indianguy   
Member since: Apr 04
Posts: 225
Location:

Post ID: #PID Posted on: 18-08-04 12:25:15

Hi Sunil,

I am not sure about the case, but just want to ask you one thing. You told when you have done self point assessment it was 71 points and by getting 6.5 bands in IELTS i don't think so your points will reduced to 65 points.

Also I want to ask you, were you knowing that you are not qualifying for 67 points when you put your file? If this is the case than i would like to ask you something for myself.

:cheers:



sunilfromdelhi   
Member since: Jan 04
Posts: 11
Location:

Post ID: #PID Posted on: 18-08-04 14:36:07

Hi Dear,
Yes when I submitted application, I attached a self resume about English proficiency and gave myself 16 marks. I was more than confident at that time that they will give me 16 marks based upon my engineering studies and professional experience. However they asked me to take IELTS test. which is manadatory as per new IPRA I suppose for non English speaking countries including India. Also when I applied the score was perhaps much higher (70) and not 67. It is from Sept'03.

My score breakup is as follows:-

1. Age 8
2. Experience 21
3. Qualification - 22
4. Adaptbility - 4
5. Language - 16 now 10 (Reading - 6 (2 points) writing 7 (4 points) speaking 6 (2 points) listening 6.5 (2 points) as per IELTS point table)

Total 65 points




bighead   
Member since: Jun 04
Posts: 285
Location:

Post ID: #PID Posted on: 18-08-04 18:15:41

Quote:
Orginally posted by sunilfromdelhi
I requested CIC to consider my case favourably on the basis of my professional experience and financial strength while submitting IELTS score. I had earlier sent approval of my qualification by accredited canadian agency and also acceptance of my qualification by a professional body allowing to take up exam without expereience in Canada in my profession (power engineer).

I think Visa officer have points substitution powers while finally deciding on application.



not anymore...

R79(4) establishes these test results as “conclusive evidence” of the applicant’s proficiency in that language. Officers cannot:

- consider any claim made by the applicant that the test results are an inaccurate reflection of their true abilities;

- override the test results and substitute their own evaluation of language abilities;

- accept the results of any language test that is not administered by an organization that has been approved by CIC.


http://www.cic.gc.ca/manuals-guides/english/op/op06e.pdf

read section 10.6



indianguy   
Member since: Apr 04
Posts: 225
Location:

Post ID: #PID Posted on: 18-08-04 21:31:35

Hi Sunil,

I want to ask you more about the points break down. Are you assuming you will get those points or did you came to know from CAIPS notes?

If you are assuming than let me ask you some more questions.

--> how old are you?

--> how many years of full time education do you have? Do you have bachelor or masters degree?

--> how many years of experience do you have?

--> and last but not least on what basis did you calculate 4 points for adaptibility? Are you married and that's the reason?

If you feel this also info. is too personal to disclose on this website, send me and message and we will discuss from there.

Reason i am asking to know are you calculating this points as per old system, when you filed your imm. or as per current new point system.

Just let me know and don't worry about anything. Hope for the best and trust in your abilities and your hard work.

Everything will be paid off to everyone and you will also get.

Good Luck and say :cheers:



Maverick   
Member since: Feb 04
Posts: 76
Location: Moving soon to Toronto

Post ID: #PID Posted on: 21-08-04 03:41:23

Dear Massood Sir,

I also want to know some more information for one of a friend of mine who's situation is actually quite similar to Indiaguy and SunilfromDelhi.

Details are :

Age : 10
Edn. : 20
Exp. : 21
Adap. : 4
Lang. : 4 (IELTS L-4.5 R-5 W-5 S-6)

His wife is working and she has also taken IELTS. Her score is 7 Band.
(L-7 R-7.5 W-7.5 S-6.5)

The question : What are the chances that he will get an Interview Waiver....As I know some other guys who had their IELTS scores of 5 band got waiver and even with IELTS4.0 getting the interview and clearing it off...recently....

Other Relevent details :

He has filed in Sept.2001. Under Old Rules.
As per the old Rules, he was scoring 70 Marks.
In the New IRPA Rules, his IELTS score is 5 Band.
His Profession is Computer Hardware and Peripherals marketing. Exp. of more than 15 years.

CHC Delhi had sent him a letter to submit IELTS result and they will inform him in 3 months time of the decision....He hasn't recd. any communication till date. ( It is more than 3 months Now)

We need your valuable advise.

maverick

PS : Indianguy & Sunilfromdelhi : Please give us your views....



sunilfromdelhi   
Member since: Jan 04
Posts: 11
Location:

Post ID: #PID Posted on: 22-08-04 10:11:13

Hi Mavric,

In the case of your friend score in language is very less i.e. 4 and aggregate points are 58.

With adapabilty point 4 and IELTS score of 7+ your friends wife must be scoring more than 67 marks. She has a fair chance.

On canada website they have given manual for assessment by immigration officers. I reproduce below for information
quote:
11.1 The pass mark
R76(2) empowers the Minister to set the “minimum number of points required of a skilled worker” –
or, as it is more commonly known, the “pass mark”.
The pass mark was last set on June 28, 2002, at 75 (now 67) points.
To determine the most up-to-date pass mark, consult the website at www.cic.gc.ca/skilled.
Total the applicant’s points in the six selection factors.
If…
The applicant’s total score is
equal to or greater than the
pass mark
Then the officer will…
• approve the application; or
• consider substitution of evaluation (Section 11.3).
The applicant’s total score is
less than the pass mark
Then the officer will…
• refuse the application; or
• consider substitution of evaluation (Section 11.3).
The officer is unable to make
a decision due to lack of
information or documentation,
or there are doubts as to the
legitimacy of the documents
submitted
• request in writing specific information or documentation
to clarify; or
• consider a personal interview (Section 11.2).
11.3 Substitution of evaluation

R76(3) makes possible “substitution of evaluation” by an officer. This power permits the officer to override the selection system where they believe the point total is not a sufficient indicator of whether or not the applicant may become economically established in Canada.
Substituted evaluation permits officers to override the selection factors where the point total does not accurately reflect a skilled worker applicant’s ability to establish in Canada in the economic
sense. It is not to be confused with humanitarian and compassionate powers, which enable the Minister or his delegates to override inadmissibility and grant admission to Canada in a range
of situations involving sufficiently compelling circumstances.
Pursuant to R76(3), substituted evaluation (see Section 11.3) cannot be used to override a refusal due to insufficient funds.
Substituted evaluation cannot be used to overcome a failure to meet the definition of a skilled worker contained in R75. R75(3) clearly states that a failure to meet the requirements of a skilled worker as
outlined in R75(2) will result in an application being refused.
If an officer decides t o substitute evaluation Then the officer will…

• communicate their concerns to the applicant and
provide sufficient opportunity to the applicant to
respond to these concerns, through correspondence or
an interview, according to the officer’s discretion;
• obtain written concurrence from a supervising officer.
the applicant did not meet the
pass mark (i.e., positive
substituted evaluation)
• obtain written concurrence from a supervising officer.

You can easily assess based upon above how things will be decided in CIC.

In my case with 65 points I am hoping for positive assessment as I feel just for 0.5 point less score of IELTS (2 points less ) they can not refuse my application.

Let us hope for the best.

Regards



Contributors: Maverick(5) Massood(3) sunilfromdelhi(3) indianguy(2) bighead(1)



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