How to deal with unfair NER   57 comments

By CanadaJimmy

Introduction

When CIC announced the changes to the immigration process back on June 26th, nobody was sure what it meant for the actual people involved. We assumed it would work almost the same way, and based our expectations on what we had read elsewhere.

Then the surprises came, Credit Cards and Bank Drafts were cashed almost right away, previously everyone thought that meant they were eligible for processing, when in fact under the new system it appears that the money is taken only after a brief glance of your application. Then we had CIC telling anyone who called up that they would have wait a staggering 33 weeks to get an AOR, or to even hear anything for that matter.

Everyone was beginning to feel rather disenfranchised, when suddenly, quite possibly the biggest shock of all arrived. Several forum members over at CanadaVisa got a letter from CIO telling them they had passed what seemed like a very thorough eligibility test. This quickly became known as the PER, short for “Positive Eligibility Review”. Not only had CIO seemingly scrapped the AOR, but they were doing a lot of the work the Visa Offices used to do. As time went on it became apparent that they were calculating points and assessing the authenticity of letters, and with this came the the PER‘s ugly cousin, the NER. The NER was a letter I was unfortunate enough to receive.

The thing about the NER was that it was, in my case, completely unjustified:

  • Although you have indicated that you have Arranged Employment, there is insufficient evidence on file that your employment offer is supported by a Human Resources Development Canada (HRSDC)/Service Canada confirmation letter.

Naturally I was rather furious. I had provided a Temporary Work Permit and a letter from my employer confirming that upon getting Permanent Residence I would be given a permanent position. Nevertheless, they continued on with their negative assessment, seemingly bouncing me down to a FSW Category 1 case:

  • As well, you have indicated that you have work experience in an occupation with the following NOC code:  2174 – INTERACTIVE MEDIA DEVELOPER.  This NOC code does not correspond to any of the NOC codes specified in the Instructions.
  • Since you did not provide evidence that you have work experience in the listed occupations, you do not meet the requirements of the Ministerial Instructions and your application is not eligible for processing.

Angry with this failure to properly assess my application I figured out my options for contacting them. It seemed like there were only two ways:

  1. Sending an email to FSW-Sydney-Search-Enquiry@cic.gc.ca
  2. Calling the CIC Call Centre on 1-888-242‑2100

It quickly became apparent after sending the message that the first was a waste of time, with the auto response informing me I would have to wait 20 days before hearing anything! So I moved onto option 2.

The lady who I spoke to was very nice and tried her best to be helpful. I explained to her what happened and she opened up my file. After we had gone through everything she essentially told me that yes, CIO had made a mistake, but unfortunately, they can’t do anything about it.

This, to use a north american expression, makes the call centre about as useful as a solar-powered flashlight. They simply have no authority to do anything about failed applications. Their advice was that I must simply wait for everything to come back, and post it off again with a note.

I was not going to accept that.

The Solution

The solution I recommend to anyone like myself, who has received an unfair NER are following steps, based on an idea that popped into my head after putting the phone down on CIC. In the original NER email is a fax number for address changes “only”. Could this be the secret way to send CIO some top priority information?

Address changes should be faxed to (902) 270-3561. PLEASE NOTE THIS FAX IS ONLY FOR ADDRESS CHANGES.

Put together a clear and concise one-page fax, in the following format:


THIS FAX IS FOR THE ATTENTION OF “<insert person who sent your NER here>” SERVICE DELIVERY AGENT – OR ANY CIO PROCESSING EMPLOYEE WHO CAN ASSIST WITH THIS SPECIAL CASE.

My application has been refused because of a CIO error. This has been confirmed over the phone to CIC on <date and time here>

Full name: <your full name>
DOB: <your DOB>
Email: <your email>
Phone: <your phone #>
File Number / Client Number: <file and client numbers here>

The issue is a rejection email I got from CIO on <date here> which states the following points:

<insert quote of first point from CIO NER email here>
<argument against the point here>

<insert quote of second point from CIO NER email here>
<argument against the point here>

<etc.>

In the application I provided the following:

<list documents relevant to this issue>

<summary here>


The Result

After sending the fax, I got a response from them the following day. It was the original email with this one line added to the top:

Please disregard letter dated 08/DEC/2010. You will be notified shortly with an updated decision.  We apologize for any inconvenience this may have caused.

As you can see, this method produces good results and got CIO to take another look! On the following Monday I received the updated decision: waiting for me in my email inbox was my PER.

An important point worth noting that I believe the fax line is a one-way street, that is, CIO will never admit to getting a fax, or reply to a fax, because they do not want people using it the way I describe. It should only ever be used in absolute emergencies, and in cases where it is clear they have made a mistake.

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Posted March 26, 2011 by Wayne

57 responses to “How to deal with unfair NER

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  1. WOW. Well done!

  2. i also received that rejection letter (
    The refund cheque will be sent to the address provided in your application. If you have changed your address please advise us immediately of the new address. Address changes should be faxed to (902) 270-3561. PLEASE NOTE THIS FAX IS ONLY FOR ADDRESS CHANGES.)
    i am from Philippines and work as a professional architect in prestigious company for more than a decade. I am 37 yrs old and on the peak of my career. I cant understand why i am not legible they noted that (After taking into consideration the work experience supporting documentation on file, I am not satisfied that you have have a minimum of one year of continuous full-time, or equivalent part-time, paid work experience in the occupation in the last ten years. ) i did meet their requirements. this is very subjective. .

    Is there anyone to update me if this letter is a scm?

    Please advise.

    thanks
    eloisa

  3. How long does it take to receive NER, is it the same time to receive a PER?

    • Hi – NER usually takes a little longer I think because there is a final review to make sure the decision is correct (not that it always works!). But generally those who get a NER experience a delay compared to those applying at the same time who got PER.

      Wayne.

  4. Hi
    I have submitted my full application package to Nairobi VO on Dec,2010 still after 5 months nothing reply even not a single word whether they have had received the package or not.
    i requested them via general and case specific inquiry for several times only promising.
    Every one who is involve and concerned know how it is serious in your life in absence of NER.
    i finally keep waiting until they tell me rejection.
    Guys what is in mind? Please give me advice.
    with regard

    • Hi – by submitting your full package to the visa office I assume your original application was mailed to CIO in Sydney prior to 26th June 2010?

      If so, then you may have a considerable wait. Many visa offices have informed applicants that pre-June-2010 applicants could have to wait for up to 2 years since they have a massive backlog for this period (144,000 worldwide) and that post-June-2010 applicants are currently getting priority

      Please do not talk about rejection though 🙂 The delay is no indication that your case will or will not be rejected, it is just that most applicants from the period you applied will be facing similar delays.

      Wayne.

  5. I have submitted my full application package to Nairobi VO on Dec,2010 still after 5 months nothing reply even not a single word whether they have had received the package or not.
    i requested them via general and case specific inquiry for several times only promising.
    Every one who is involve and concerned know how it is serious in your life in absence of NER.
    i finally keep waiting until they tell me rejection.
    Guys what is in mind? Please give me advice.
    with regard

    • Why are you waiting for rejection? Is something wrong with your application? Sounds like you are a pre-June-2010 applicant, and many applicants in this group are being delayed since post-June-2010 are currently being processed on a priority basis at most, if not all, visa offices.

      Case specific queries will only yield standard replies telling you that your file is awaiting review, and some people have been waiting longer than 5 months. I realise it is frustrating but regrettably there is not much you can do at this stage but wait.

      Best of luck,
      Wayne.

      • hello Wayne
        Sorry for my delay respond. i have been so frustrating and unable to respond to you. However Thanks to God. I have got my 2nd AOR. what a big relief and peace of mind!!
        thank you 4 your advice.

  6. my pappers are rejected in 12may 2011 email iwas so much depressed on their descion they r not treating pakistanis in wel manner why

    • Hi – well it may be helpful to say why your application was rejected, and I doubt very much it is because you are from Pakistan. Was this at the CIO stage or visa office stage?
      Wayne.

      • it was at the cio stage i think they nhave closed the visa office for immigration persons and we pakistanis are on the top hit list on every stage
        i have appeale for their descion . i have sent the appeal letter alonng bwith digree of master and no job offer letter was cent to them

      • Ok, firstly the “visa office” for Pakistani Federal Skilled Worker applicants is London. Islamabad is still open but it no longer handles Federal Skilled Worker applications, those are handled now by CHC London, UK.

        Secondly, please stop coming out with racist comments like “we pakistanis are on the top hit list on every stage”. CIC do not make eligibility judgements based on your country of origin. They pride themselves on not doing so, in fact. If they have rejected you it will be for a specific reason, and that reason will not be because you are from Pakistan.

        If you can please actually tell me why they failed your application (I am assuming this was at the CIO eligibility review?) then I may be able to comment better?

        Wayne.

  7. they refuse on the work experience basis they say in a email that mine job experience is not matching the requrments i showed my experience since 1996 to 2010in appliance reparing mechnic i showed mine school job experience from 10,2002 to now in short i showed 2 type of job experience a schoo teacher b , i know that school teacher is not in the list now but i have to show mine acctivities prove too so i submited mine govt scool job experience too

  8. sorry for u

    i’m 8/2007 applicant and i’m waiting for the medical , i got my caips , i can see that i pass the first evaluation
    but , there is a comment : job description has been exstracted from NOC
    do u think this will be bad

    my BF’D is 30 Jun

    • Hi – why are you sorry? 🙂 Jimmy (the writer of this page) got his NER overturned and got a PER, hence why he was documenting his experience, to help other people in a similar position.

      Anyway, regarding the CAIPS note “Job description has been extracted from NOC”. What I think this means is that the work experience lettters you provided list the duties exactly, or very similarly to how they are worded in the NOC description. CIC do not want a carbon copy of their own description, but they want a genuine reference as to what you actually did. Therefore if they see the work reference being the same or almost the same as the NOC description, they will be treating this with a great deal of suspicion.

      It is not necessarily going to turn out badly, but in my view it will greatly increase the chance that they will want to telephone your employers to confirm the duties etc.

      Best of luck,
      Wayne.

    • So Mowafak, hows it going with your application. Have you recieved your MR? any request of Interview by the VO? Or have they called youyr employer?. I think im also into a peculiar mess in relevance to my work experience, but im a december applicant anyway, the problem is that my boss just never got the reference letter right, until i had to spoon feed him. And eventually when he had signed and stamped it, he showe me to me while i realized some points were similar as to the HRDSC description that i gave him, i couldnt tell him to re edit cos he wouldnt answer me, and again i didnt want to influence him so that my conscience would be clear that it was fully my boss’s doing. I hope this wont affect my PER and also my visa issuance in a later date…please keep in touch

  9. i took 6 points out of 10
    these 6 points were modified

    but why they care about my occupation any way , 2007 applicants are not managed by the new occupation list

    thank u

  10. sir u had not reply properly and cleraly what i have to do now i have send the appeal against the descion along with new experience letter and will it be enough for me

  11. Dear Wayne
    I need your guidance and support regarding our unfair immigration refusal.

    My husband applied for Canadian immigration under the category FSW1 and NOC 1122 in September 2010. Our case got approved by CIO and was sent to London visa office in December 2010.

    Now we have received a refusal letter due to insufficient points from the visa officer BUT he has made a mistake in calculating the points.
    Following is our point’s descriptions by the visa officer:
    Age 10
    Education 22
    Experience 21
    Language 9
    Adaptability 4
    Total 66

    Now the problem is that my husband has 18 years of education and he was suppose to get 25 points for that, but unfortunately the visa officer seems
    like he is unable to understand the meaning of MS degree.

    My husband has following university degrees:
    1. BA (equivalent to 14 years of education)
    2. MBA (equivalent to 16 years of education)
    3. MCS (equivalent to 16 years of education)
    4. MS in Computer Science (equivalent to 18 years of education)

    Admission into MS is grated after the completion of 16 years of education. It is stated at the respective university and Higher Education Commission (HEC) websites also.

    Visa officer mistakenly thought that my husband has 3 degrees equivalent to 16 years of education whereas my husband has two 16 years degrees and one 18 years degree and deserves 25 points for that. Then our total would be 69 points.

    Please advise me what should we do about that? I will be very obliged to you for that.

    • Hi – I think from here the only thing you can do is contact the visa office – I suggest you try fax as well as email for maximum chance of response, and include your full calculations regarding the points for education.

      State you believe they have made a mistake and that CIO in Sydney have already granted your final positive determination of eligibility.

      I personally find it ridiculous that visa office overturns the decision of CIO – why otherwise would CIO call it “final” determination of eligibility? Anyway, I think you have to drill home that you believe they have made a genuine error.

      Best of luck,
      Wayne.

      • Thank you Wayne.
        We have already done that, we have sent them reconsideration request with proof, but its almost a month and there is no response from the visa office.

        Should we wait for the response from the visa office or Should we go to the federal court?

  12. Hello Guys,
    I got an email last Thursday that my application was refused due to the following reason:
    According to the VO, my application was received last October 21, 2010, and my certificate of nomination for PNP program (I was an approved nominee for Alberta) expired last September 28, 2010.
    And for this reason, they refused my application for PR due to my application was received after an expired certificate. All other documentation was okay except for that reason stated for refusal.
    My question to all of you is : CAN I FILE RECONSIDERATION TO REVERSE DECISION N THIS ON GROUNDS THAT THEY OVERLOOKED MY APPLICATION DATES? Why am saying they over looked the dates is because here is the brief story of my application:
    I got nominated for PNP last April 2010. My approval certificate was valid until September 28, 2010 and per PNP rule, the CIC of buffalo must receive the PR application before my expiration of certificate.
    I submitted my complete documents to CIC buffalo last August 13, 2010 (I have a copy of the tracking receipts and a copy of the application postmarked by the CIC buffalo that the application was received last August 13, 2010) Included in the application was the application payment of 550.00 in cashier’s check Dated June 21, 2010 and has validity of 90 days)
    But because they did not cashed the check within 90 days, the check becomes a stale check ( why they waited long to cashed it…I DON’T KNOW.) for this reason, CIC buffalo sent me a letter last October 4, 2010 requesting to send new checks in replacement to the lapsed checks. No other things requested other than the checks. So I immediately send them a new one on October 10, 2010 sent by Fed EX.
    Since then, I did not hear anything from buffalo, then May 17, 2011, I received a letter requesting me to undergo medical under DMP, which I did on June 15, 2011 and was received by Ottawa last June 27, 2011.
    Then I have not heard anything again, and then Last September 22, 2011, I received an email stating that my file was transferred from buffalo to Los Angeles office to expedite the process.
    Last October 12, 2011, My ECAS changed to decision made but no PPR so I waited for the letter but after 3 weeks no letter came so I decided to send them email last October 27, 2011, then they responded last November 10, 2011 stating that they refuse my application due to my application was received after my certificate was expired.
    MY QUESTION:
    1. How come the VO say my application was received in October 21, 2010 when my application was stamped by buffalo August 13, 2010?
    2. Is that our (applicant) fault if they did not cash the checks right away? Are we to be blame for that?
    3. If my certificate of Nomination was really expired, how come Buffalo did not say that when they asked a check replacement last October 4, 2010?
    4. Why let me undergo medical after 1 year if at the end my application will be refused?
    I have all the documents from Buffalo…what do you think with my situation?
    Do you think I have strong grounds to request for reconsideration? Is that considered an error on their part? What do I have to do now? Do I need a lawyer for this? PLEASE HELP
    Andy

  13. Dear Wayne ! Good Day . I am very sad to update that i got my NER email today.My 3rd application was received on 23.08.2011 for FSW NOC 3112. Today i got an email from CIO declaring NER for my application. The reason for NER is as follows :
    You have indicated that you have work experience in an occupation with the following NOC (National Occupational Classification) code: 3112 –Rural Medical Officer/General Physician. Although this NOC code corresponds to the occupations specified in the Instructions identified by the Minister, you have not provided sufficient evidence that you performed the actions described in the lead statement for the occupation or that you performed a substantial number of the main duties of the occupation as set out in the occupational description of the NOC, including all of the essential duties. After taking into consideration the work experience supporting documentation on file, I am not satisfied that you have performed the actions described in the lead statement for the occupation or that you performed a substantial number of the main duties of the position as described in NOC. Although you provided a self-declared list of duties, there is insufficient supporting evidence on the file to satisfy me that you are a 3112 –General Practitioner and Family Physician.

    As u know i had applied twice in the past. Firstly in July 2009, got approval but the intimation of approval came late and i was not able to submit full docs to Visa office in 120 days and got refund. Second time i applied under MI 1 in March 2010 and got approval in june 2010.But again i fell in least priority backlog.
    Now my question is that previously on both occasions i submitted same job duties and service contract and i got approval twice. What went wrong this time that they rejected to accept same job duties? Please guide me how can i turn my NER to PER.Thanks for ur kind attention and time. Regards.

    • As with any CIO rejection, it is important that any appeal is done quickly.

      The onus is now on you to prove that you are eligible with the supporting documents they received with the initial application, since they will not consider any new documentation once a decision has been made.

      For sure it may help to point out to them that with the same references you were deemed eligible for your previous applications. But please be aware, you are now applying under a different set of ministerial instructions and they may be applying more stringent criteria. What they consider “substantial number of duties” in particular is deliberately ambigious and is left to the discretion of the visa officer. If you are borderline it is possible that a different visa officer would consider you ineligible where formerly another visa officer may have considered you eligible.

      I would certainly write to them and point out that these same references and contracts passed a previous eligibility review, but since you are applying under a different set of MI I wouldn’t build up your hopes too much.

      Best of luck with it,
      Wayne.

  14. JUST AN UPDATE GUYS…..

    THANK YOU FOR YOUR INPUT… I ACTUALLY EMAILED LA AND COPIED BUFFALO OFFICE 2 DAYS AGO AND I STATED DETAIL BY DETAIL.
    I AM JUST SO HAPPY THAT LOS ANGELES CANADIAN CONSULATE REPLIED ME THIS MORNING AND INFORM ME THAT:
    “After a careful and thorough review of all information in your file, your application for permanent residence in Canada file has now been reopened and the processing resumed as of this date. Your file number remains the same.”
    NOW THEY ARE ASKING ME TO SUBMIT AN UPDATED FBI (FOR U.S.A) AND NEW POLICE CLEARANCE FROM MY COUNTRY OF ORIGIN, AND THAT THEY ARE GIVING ME 120 DAYS FROM THIS DATE TO COOMPLY ON THAT.
    GOOD THING I ALREADY REQUESTED A NEW FBI CLEARANCE LAST MONTH…
    ISN’T THAT AMAZING HOW PRAYERS AND HARDWORK MADE ALL THIS TO HAPPEN. PRAISE GOD AND THANK YOU FOR ALL YOUR SUPPORT.
    I WILL KEEP YOU POSTED WITH THE DEVELOPMENTS FROM THIS TIME …BUT AM PRETTY SURE AM ON MY WAY TO MY PR. THANKS GUYS AND JUST A SHARE OF THOUGHT…PRAYERS DID A LOT TO MY FAVOR.

  15. hello everybody
    can you help me how to clear unfair NER
    I applied under noc 0111 financial administrator.They refused me because my employment contract described only the duties of an administrator,not financial administrator.
    They did not accept the reference letter from my employer although it described the duties of a financial administrator. They stated that I had copied the duties from NOC.
    I worked for the company for 6 years. I had started working there as an administrator but in the meantime was promoted to financial administrator. But unfortunately I did not signed any annex to the contract to prove it.
    thanks
    liljana

    • I do not think the actual contract is imperative – since often the contracts do not explicitly list duties anyway.

      It seems to me that their main reason for failing you is that the duties from the NOC and the reference letter were identical or exceptionally similar. CIC want to see a genuinely written reference which explains your actual duties, then use their discretion to decide if those duties adequately match the NOC duties. When they see identical or very similar duties listed it seems obvious to them that these have just been copied from the NOC and have not been genuinely written based on what you actually do.

      Your best chance now is to write to them, explaining why your contract did not include the financial administrator duties, BUT that your reference letter did. Explain line by line how they match the NOC and invite CIC to contact your employer to verify the authenticity of the reference.

      There is no use in sending further references since CIC will not consider any new documentation once a decision is made.

      Best of luck,
      Wayne.

  16. Hai,

    I filed my case ( 4152 SOCIAL WORKER) on 10 /10/2011 , not yet received the AOR. Pls tell How many days required to receive the 1st AOR .

    i did masters in social work and i had years experience in Social work from India . Currently working as a SECRETARY in a Construction Company in Doha.

    Is any posibility to reject my application becasue i am currently working as secretary

    • Usually PER or NER are received within 2 months of the application getting to CIO. But please do not make the same post in several sections since it just clutters the site. I am deleting your other post in “The Process”.

      Best of luck,
      Wayne.

  17. Hai ,

    Many thansk for your reply.

    can u pls clarify

    I1 ) s any posibility to reject my application becasue i am currently working as secretary?. i applied under Social Worker and i had 4 years paid experience as Social Worker. Whether CIC will assess my present job nature also ?

    Hope to hear from u soon.

    regards ,

    Joseph

  18. Hi everybody,
    I applied for FSW1 NOC3112.But after reading a lot of comments why some applications were rejected based on insufficient documentation of work experince especially the main duties i was afraid because the refrence from my former employer was brief and did not mention specific functions but the depatments which i worked e.g accident and emergency,obstetrics and gynaecology e.t.c.My question is should i send them a new reference letter with a cover note or leave it till they make thier decision.
    pls i need a quick reply before it is too late.
    regards,
    kris.

    • Hi – if your work reference did not mention specific duties then your application has a high chance of failure (it almost certainly will fail, in fact), since the visa officer has no way to be convinced that you performed the duties you are claiming and that your work experience matched HRDSC’s closely enough.

      Unfortunately it is difficult sending additional documentation to CIO once you sent your original application, since without a file number it is difficult for them to match up the additional documents to the original application.

      My advice would be to get 2 copies of up-to-date references which list all the actual duties you perform (at least 50% of these will need to match up to the NOC duties, but be sure they are not identically worded). Then send one copy to CIO with a covering letter giving as much information about yourself as possible – full name, date of birth, NOC code, intended visa office, full postal address etc.

      If you are lucky they will match up the work experience before the eligibility review is complete, if not they will fail your application but if you have the spare reference ready you can mail a new application.
      If you want to be extra prudent you should get a new application together now, since the total for 3112 is 262 on the website and the actual number received is almost certainly more. Bare in mind that if your original application passes the completeness check but fails the eligiblity review, you will not get your original application back. Therefore it would be wise to begin re-gathering all your documents again for a fresh application.

      Best of luck,
      Wayne.

  19. Tanx wayne for your reply.I will try the first option.For the second option there is no way i can retrieve my ielts result for an entirely new application now since i sent it with the first application.Tanx once again for your frank advice.
    Regards,
    Kris.

    • You can include a photocopy of IELTS if CIO has your original and refer to the original which they have. But there is a very real chance they won’t match documents you send with your file so you need to prepare for the possibility of needing a fresh application. Wayne

  20. I’ve got bad news from the Canadian Embassy in Poland. My application and that of my common-law partner was processed by CIO in December 2011. Then the documents were transferred to the Canadian Embassy in Poland for processing (Embassy’s letter of acknowledgement dated Jan 3rd, 2012). Two weeks later I was told to provide additional documents/clarification regarding our common-law relatioship as the visa officer was not satisfied with the information provided. As we live in a third-world country, my same-sex partner and I can’t produce any legal documents. The embassy informed us a few years back that we can produce other docs to prove our relationship (letters of acknowledgement from family and friends, etc). It states the same on the CIC site.

    We’ve done that (7 letters of acknowledgement, numerous post, medical policies, etc). The embassy also informed us that they give us 30 days. I sent them docs by FedEx two weeks after the letter.

    They went through my file and said again that they are not satisfied and now removed my partner from my application (10 days before the 30-day period was over). I also sent more documents to them (before the 30 days ran out, which is this Friday) but no response. I emailed them asking why the heck they made a decision BEFORE 30-day period lapsed, and no answer.

    AND they sent me the medical forms TODAY, and they are for me only (as re-confirmed with the embassy). But yet again, they ignore my emails regarding why the heck they re-assessed my application before the 30-day period lapsed.

    What would you suggest that I do? It’s a nightmare…

    • Is is a difficult situation, but the visa officer has alraedy given you a second chance and still he/she is not satisfied with the documents you’ve sent.

      Other than sending even more documents, quickly and urgently, I am not sure what else I can suggest?

      Wayne.

  21. Dear Wayne
    I need your guidance and support regarding my case under noc 4021 my education as as follow
    MSC MATH .
    2 YEAR DIPLOMA IN COMPUTER SCIENCE.
    Microsoft certified professional Window NT server.
    17 year experience of teaching in big Pakistani IT SOLUTION PROVIDER

    Dear Applicant,
    This letter is in reference to your application for permanent residence in Canada, received in the visa office in Islamabad on 13 June 2009. As of April 1, 2010, economic applications from citizens or residents of Pakistan are processed in London, United Kingdom. Therefore, your file was transferred from the visa office in Islamabad to the visa office in London. All correspondence should now be sent to the London visa office.

    Your application for permanent residence has been reviewed and the documents marked below are required.

    An immigration officer will assess your application 60 days from the date of this email. The officer will make the decision to approve it, refuse it or call you for interview based on the documents and information contained in your application at the time of assessment. It is in your interest to submit the requested documents within 60 days. If you have not provided adequate information at the time of the officer’s assessment, your application may be refused. You will be notified in writing of the officer’s decision.

    If your documents are not written in either English or French, please enclose a certified translation with a photocopy of the original document. All documents submitted in support of your application are subject to verification with the issuing authority. Please allow four months for us to review incoming correspondence; please do not contact us unless there are significant issues which need to be brought to our attention. Please quote your file number on your submission and again on the top left hand corner of the envelope. Your file number is included in the subject field of this email.

    Documents to be submitted now
    Updated forms which are available on our website:

    New Application for Permanent Residence IMM0008 form for the principal applicant
    New Schedule A/Background Declaration form for yourself and each family member over the age of 18

    Educational credentials and all corresponding marks sheets and transcripts:

    Principal Applicant: Original fom University of Karachi
    Spouse: Original from University of Karachi

    Original Police Certificates from the following countries:

    Principal Applicant: Pakistan
    Spouse: Pakistan

    • Hi Kareem.

      It sometimes takes a few days for me to check the posts on here. Please don’t make post after post for the same thing. I will get back to you but have a little patience, please. Anyway I have deleted your other posts asking the same thing, and I will just answer this one, to keep things tidy.

      I am not sure exactly what you’re asking. The status of your case is that it is currently in process, and the visa office are asking for updated documents. You say you have already submitted all of these documents 15 days ago, then I can’t see what the issue is?

      Once they have received and processed your documents, then they will decide if any further documents are necessary, or whether they are able to progress to medical requests from there.

      So not much you can do now but sit tight and see what they say.

      Wayne.

  22. my question is that i am principle applicant why they asked original Bsc degree and mark sheet of my wife

    • Because your spouse’s education contributes points to your score, under the Adaptability category. Since you are scoring points for this, naturally they want to see evidence of it.

    • HI today i received my all original education documents along with a letter to send right of landing fees and proof of fund with recent photograph do you think they approved my case but they don’t send any medical paper
      Reply

  23. Hi Wayne,
    I applied as FW in NOC 3112 General practitioner and Family Physian. I recently recieved a letter of refusal from Visa officer along with all submitted original documents . The letter is dated 24 Feb 2012, while I was able to recieve it on 08-03-12. they have given me 66 points. It seems that 9 points given in the adaptability criteria is not correct.I have a brother who is a canadian citizen while my husband has two sisters having canadian citizen ship. My husband has a masters degree in engineering from an accredited institution of the country and have a 18 years of education. his original masters degree along with transcripts etc in university sealed envelope were submitted. Counting 5 numbers each for ‘relatives’ and ‘spouse education’, the total points should have been 10 thus making my total score 67. The worst thing is I am not getting any idea as to what is the way to request a review of the case. Am I to re-send the original or photocopy of the masters degree with cover note or what else? Should I send an e-mail and to whom. What is the time frame. Should I write to canadian high commission Islamabad (the centre where I submitted my completed application in early 2010 at the instruction of CIO offfice sydney). I am feeling a bit helpless. Pls guide me for the next step.

  24. Hi, I just got to see this blog. pretty helpful i gotta say. 2 days ago i recieved the ugly NER, regarding my work experience, which seems to have become a typical these days, cause many of my friends recieved the same damn thing the very same day!

    I faxed them just now, as u recommended, and went through all my duties in the work experience letter and compared them item to item to the duties on http://www5.hrsdc.gc.ca, and tried to convince them they totally match…

    donno whats gonna come along, hoping for the best for all

    • Neda, I wonder what would be the reason for this incessant NER. But from my little perspective; i hope your job description are not copied word for word from HRSDC, that might cause a red flag because CIC wants to be convinced that they can determine the validity of your Letter of reference.
      All the same, i wish you all the best of reply from them

  25. Dear wayne
    Today i got the refusal letter from london VO, in which they stated that your job description is not matched with NOC 0213, however my job responsibities are matched with the CIC JDs, Please help me what should i do…
    should i go for reconsideration ? if yes please help me what should be the matter of my letter please.

    Moosa
    NOC 0213
    refusal 21-03-2012

  26. Heres an extract from waynes earlier replies, i hope this would help

    “Hi – I think from here the only thing you can do is contact the visa office – I suggest you try fax as well as email for maximum chance of response, and include your explanations regarding the job descriptions.

    State you believe they have made a mistake and that CIO in Sydney have already granted your final positive determination of eligibility.

    I personally find it ridiculous that visa office overturns the decision of CIO – why otherwise would CIO call it “final” determination of eligibility? Anyway, I think you have to drill home that you believe they have made a genuine error.

    Best of luck,
    Wayne.”

  27. Dear Wayne,

    I am Nadeem and I applied as FSW in September 2009. I sent my complete documentation in August 2010 which they received in September 2010. My Ecas was RBVO then on Feb 21, 2012 they refused me and I got to know it through email for CHC London after my Ecas changed to Decision made.

    Today March 29th, I got back my documents and letter of refusal from CHC through courier.

    Following is the passage of their opinion:

    Although the NOC code(s) correspond(s) to the occupations specified in the
    Instructions, the main duties that you listed do not indicate that you
    performed the actions described in the lead statement for the occupation, as
    set out in the occupational descriptions of the NOC or that you did not
    perform all of the essential duties and a substantial number of the main
    duties, as set out in the occupational descriptions of the NOC. I am
    therefore not satisfied that you are a NOC 0111-Financial Manager.

    I have found out / heard that they don’t reply or reconsider Administrative appeals. I am very much sure that my experience is pertinent and that can be certify by any Financial Manager / Auditor / Finance Body in world. What do you suggest I should do? Do you think keeping my above details in mind, as when decision was made and when it was communicated to me, should I appeal or file an administrative appeal or should I forget????

    A quick response is awaited

    • Please note, I am not an expert in Immigration assistance, but i am only talking out of experiences shared on the forums
      Administrative appeals often take a lot of time to attend to, so that might not be a fast option. You can try to fax your VO with a well written letter of explanation and request for a re-consideration, with a substantial proof of facts and documents that may further convince them.
      If you dont mind, you can share the write up of your job description only. so that members of the forum can help as to how convincing your job description is

  28. hi fellows
    just after responding to NER with a formal reply explaining the possible error of thec VIO, i got a positive response askng me about sending ‘proof of relationship’ within 60 days. In my reply, i just remained objective and to the point. It is interesting that the problem was not in the educational credentials of my spouse. It noww seems that the proof of relation had problem. Previously I had submitted only the proof of landing of my brother and also english translation of form B of my father which established me and my brother as siblings of same father. They have now asked to give concrete proof that my brother is still in canada and aslo that we are brother and sister. so I conclude that they a system which self-corrects itself and therefore any one facing the NER shall calmly respond back to contest.
    regards

  29. hi,
    my appliction for 1122 had received NER in Sept 2011 under MI3 for insufficient evidence of 1122 i.e letter of employer was not attached only written jsutifiaction.
    Now in April 2012 i hve sent CIO letter from my employer, my quries
    1. is it plea late
    2. what are chances of success
    Regrds
    A 1122

  30. Hey guys…. I did it. On march 19th I got rejected Bcus the officer was not satisfied with my work experience letter. I sent them a revision request and explained to them clearly that there must have been a misconception and my work experience is just fine…. And finally yesterdy I got my PER email from CIO.

    I hope it all goes well the rest of the way..

  31. Hi guys, Im in the same situation as some of you. I was approved by Sydney and received the email of reccomendation for a final determination of eligability based on work experience under NOC code 1111 as an accountant. I have been self employed for the last 10 years and at the date of applying I had some employed experience with a company that had ceased trading. (which is where i gained my initial professional experience) Overall I have been a qualified financial accountant for over 15 years.

    However, I have just been sent a letter from the london office claiming my evidence of work experience is not satisfactory.

    As the business I worked for has ceased trading I contacted my old manager who provided a personal reference which outlined my duties and confirmed that i completed my ACCA qualifcations there. For the last 10 years I have been self employed with my own practice and operated under a professional body for which i hold a practicing certificate. I explained this via a cover letter and attached proof of My qualifcations and certificates issued that showed the areas of work I was licenced to cover as well as business bank statements and copies of my tax computations to confirm I was working. Additionally, I became a full acca member when i worked for the company i was with and a requirement of this is 3 years of practical experience.

    Do you think I have valid grounds to dispute the decision based on the information i provided? We are completely confused how actually owning and running your own practice is not sufficient evidence of experience. Please help!

  32. sorry, I cant edit the first post., to clarify, My application was approved by CIO on 23 june 2010 and I believe fall under rules for pre 26 june.

  33. hello everyone jus want to share my situation.. just want to see your views and or opinion regarding the point system in education..

    CANADIAN EQUIVALENCY SUMMARY
    bachelors degree(4 years)

    CREDENTIAL ANALYSIS

    1
    CREDENTIAL AUTHENTICATION : official transcripts were sent directly by the institution
    COUNTRY: ***
    CREDENTIALS: Bachelor ***
    YEAR: ***
    AWARDED BY: ***
    INSTITUTION STATUS: recognized
    ADMISSION REQUIREMENTS: highschool graduation
    LENGTH OF PROGRAM: four years
    MAJOR / SPECIALIZATION: ***
    CANADIAN EQUIVALENCY: bachelors degree(four years)

    2
    CREDENTIAL AUTHENTICATION : transcripts were verified by the institution
    COUNTRY: ***
    CREDENTIALS: Bachelor ***
    YEAR: ***
    AWARDED BY: ***
    INSTITUTION STATUS: recognized
    ADMISSION REQUIREMENTS: completion of ten years of primary and secondary education
    LENGTH OF PROGRAM: four years
    MAJOR / SPECIALIZATION: ***
    CANADIAN EQUIVALENCY: completion of secondary school education and diploma(two years)

    i emailed WES and asked them why they just wrote in the summary bachelors degree. they replied and said that according to fswp they will only put the highest equivalancy. then somobody messaged me that we have similar situation. he also asked why they only put 1 canadian equvalency. after a few days they replied and said they will revise and send a new one. then he received his new ECA and in the summary WES wrote both of his degree in the sumary. its so frustrating. and by the way i missed 1 point in education and got a ner.. was expecting a 22( based on my agents assesment). i dont know if cio just credited my 1st degree and overlooked that i have another degree because of my wes evaluation OR they just dont consider my 2nd degree.

  34. God is in control of it all. He has the final say!!!

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