Adaptability score Points

[jmalla]

hi all,
recently i got a refusal to approve my permanent residence applicaiton to Canada. I was given a 64 score points which is below the passing mark of 67 points. however, as i reviewd my score, Adapatability factor, I was given 5 points only, the fact that my spouse is a bachelor degree holder with 14 yrs education and my spouse has an auntie in canada, I should have 9 points instead of only 5.
since my spouse education will give 4 points and having relatives in canada will give me 5 points, thus there's no way that I can get 5 points in Adapatability factor

i have an appeal to the consulate just this week and hoping they could re-open my case and review it. my question, what if they won't re-consider my claim, how and where can I get help about my problem ? how can i get the attention of the consul who had handle my case?

Please anyone can give advice ? thanks so much

[antonyall]

proceed

Jmalla! I have toi agree with you that you at least have the required 67 points because your husband has a bachelor's degree. Hence you are able to obtain at least three points because of this factor and as such your total should have been 67 for the very least. I guess at this point you should approach a professional in the matter and seek assistance because at times it is very difficult to make an immigrational officer reconsider, her/his final tally as this individual does not desire to look as though a mistake was made. But clearly you do have the required point standing and as this was the issue, you have the right to appeal such. Good luck to you!

[jmalla]

Thanks

Thanks for your concern but are those immigration officer really hard to change their decision eventhough they would know its her/his mistake ? I've sent a letter of appeal with proofs that I should get 67 or 68 points rather than 64 points to get the immigration officer's attention to reconsider my case
but if she/he would not respond to such appeal then I will take a Legal Representative to pursuit with my appeal.

Jmalla! I have toi agree with you that you at least have the required 67 points because your husband has a bachelor's degree. Hence you are able to obtain at least three points because of this factor and as such your total should have been 67 for the very least. I guess at this point you should approach a professional in the matter and seek assistance because at times it is very difficult to make an immigrational officer reconsider, her/his final tally as this individual does not desire to look as though a mistake was made. But clearly you do have the required point standing and as this was the issue, you have the right to appeal such. Good luck to you!

[lovingit]

Wow

You are married and been turned down? Is that what you are saying? Can you give me and idea of the point system or tell me where to go to find it. I'm going to need to know this information myself. I feel really bad for you. I don't understand this process. If you are married, I just don't understand why they would make you leave.

[antonyall]

not understood

Jmalla! I really do not understand what the immigration officers look for. In your case I would think that they should be happy to have you since your spouse is highly educated and you are a spuse and hence you are able to build the population of the country....which is desperately needed. I know many people who have gotten their approval with a few points under the requirement since it is left to the discretion of the interviewing officer. CANADA NEEDS PEOPLe OF SOUND REPUTE! The ball is really in your park but you have to be very assertive as to your condition after of course presenting the necessary proofs. As I said people are qualifying to get to migrate to canada form all corners of the world. You have the points so this also applies to you.

[jmalla]

I also don't understand why ??

i'm really puzzled and confused why i was denied, up to now i can't get any answers from the Visa Officer. I'm a Bachelor Degree in Electronics Engineering and my wife is major in Accountancy. All of our original diploma and college transcript were submitted to the Visa Office together with my completed Schedule 1 of my wife.

The discrepancy was in the Adaptability Factor, my points in other factors are correct. Here's the detail

Spouse Education level = 0 point given, i review the online assessment, my wife education level was considered in as Secondary Diploma or Less that's why I got 0 point.
Relative in Canda = 5 points
Other Factors = 59 points (these are correct)
Total Score = 64 points

I should get 4 points on my wife education level which will give me 9 points to my Adaptability Factor that will bring me to 68 points, enough to pass the basic requirements but I don't know why I was turned down.

I have sent already, 4 appeal letters to the Visa Officer in Hongkong, I've presented all the discrepancy and together with the photo copies of my wife's diploma.

I don't want to seek for legal representative to make the appeal for me as it will cause me so much and I don't deserve it because technically speaking I have the required points. How can I get the Visa Officer to take a look on my case as I don't know if my letters of appeal are taken care of or just left behind and don't mind it ? Can I bring my case directly to the Canada CIC and bypass the Hongkong Visa Officer ????

Please help !!!

[antonyall]

Interviewer's discretion

It certainly appears that it is the interviewer's discretion that rules in the outcome of any case. If you have an engineering degree then this is a high standing for you guys and depending on the amount of time your wife spent in Accountancy school, she should also have a high value for that qualification. It is not a degree that truly rules the requirements but the amount of time spent in formal schooling that is certifiable. For example. pilots do not necessarily have to go to college and have a degree in order to migrate. They are considered on the basis that pilots are in demand in canada and their 18 months of training is accountable as time toward their entire amount of education years. The fact that you guys have high education whould work in your favor. Canad needs people so badly that when my cousin, who is 60, returned there after living in the US for 15 years, the immigrational officers told her that her PR was expired and they told her to get it renewed as soon as possible and they told her, "welcome back to Canada" and let her across the border with no difficulty at all. My cousin is a secretary by the way. So all is not lost for you but you should be assertive in your interview. My best wishes to you and I am sorry that more people who visit this forum are not of help to you but I advise you to seek help in other forums as well. By the way, there is no category of engineering in the US that identifies one as an electronic engineer. However you are still a higher education holder and as such if things do not work out for Canada I recommend that you try to get to the US as there are ways for you to be sponsored. After you spend some time there you may reapply for Canada and you will get there. Good luck my friend!

[jmalla]

i don't think so

like i've said, the discrepancy on my score was on the Adaptability Factor, my education and work experience score points are correctly given the number of points that I should earned, I have no question on that. My point is my spouse education was considered in a lower diploma in fact my wife has a 14 years of full time studies, that includes 4 year course in her Bachelor Degree...and my wife has more than 5 yrs of work experience in her category, all of the supporting documents were included in my package... so I can't fully imagine how the IO gave me such points ?

My question is, does IO do a re-consideration after sending personal appeal ? Or IO only listen in a legal way Or can I make an appeal to the Federal Court Canada ???

[RM1501]

Is your application is on first stage or you have applied the immigration long back?

[thetreble]

Canada doesn't "need people so badly". It needs skilled workers like every other country in the world. As a true born Canadian, I very well doubt Canadian immigration was "Begging" your 60 year old cousin to come to Canada to contribute to the economy, as much as they were saying that she could come back and live in Canada if she applied. We are not desperate for secretaries.

Now I understand jmalla what you are saying about your wife's education level and why you got a score of 0, however, certain types of education are seen different in different parts of the world. Could it be possible that they don't see her education that she received in your native country as being equivalent in Canada? I have lots of european friends that fled the war in kosovo in the 90s and their parents were professionals in their respective countries. When they came to Canada, their degrees were not recognized and they had to start their education all over again. Now, this may not be the case for your wife and I'm sorry that you guys are having such a hard time. all you can do is keep on appealing and bring it to court.

[jmalla]

thanks

but my spouse is only my dependent i'm the applicant, it is my education thats needs to be qualified, right ? It is me that needs NOC matching not my dependent, right ? my wife is just an added factor on my adaptability points, she's not required for NOC matching during my application but once we got to Canada and she looks for job that's the time she will be required for NOC matching if her education can meet Canada's requirement to practice such profession.

anyway, i'll keep appealing to the Consulate office here in Hongkong.

[jmalla]

need info

hi to all,

as you've read my case, i need some advise if my case can be brought to the Federal Court of Appeals in Canada ? My PR application was processed in Hongkong as it seems that my claim letters sent to HK Visa office is not being noticed since its almost a month since I've sent my claim and haven't received any reply from them.

i have a close family friend and a Permanent Resident for almost 2 yrs now living in Ontario, can he represent me if i bring my case to the Federal Court of Appeal in Canada ?

Any inputs will be helpful for me to decide on how to proceed with my claim.

Thanks for the inputs.

[antonyall]

College Degrees

Quote!
"my spouse education was considered in a lower diploma in fact my wife has a 14 years of full time studies, that includes 4 year course in her Bachelor Degree..."


Jmalla!

I am saddened at your discomfort and concern and I too see what you are saying. You have indicated that your wife either has an educational level that parallels a bachelor's level or she does have a bachelor's level degree and as far as adaptability goes, I see where the points are not awarded. However, did you approach any credible institutions and organizations that evaluate college degrees and assess them to international standards? If so you would have gotten a clear indication as to the renown of your wife's educational "value". There are even Canadian and many other "local" groups that have the responsibility for such evaluation for more than one reasons and normally there is a small fee that must for paid for the equivalency comparison. Again I will harp that CANADA NEEDS PEOPLE and since this post deals with skilled labor I am referencing certain individuals and not the family class immigrants and the work specific visas that are now very popular since the country is not getting their needed amount of workers. The amount of people needed each year is so high , 250,000-300,000, depending on which credible source you agree with, and this is a phenomenal amount of people. I hope that you have backed up your wife's educational background with the "blessings" of an accreditation agency, which is the first thing i did here in the country from which I am applying.
Please have the strength to continue and since the specific responses that you need are clearly not being received from this group you need to address these issues with professionals because you need to be prepared for the interview. The information you will receive from a forum will more so be of the nature of personal experiences and at your stage you desperately need positive advice. My best wishes to you and continued success in your ongoing journey.

[jmalla]

just need some info

i just want to get some infos from you guys, if i can bring my case directly to the Federal Court of Appeal in Ontario, Canada wherein I can be represented by one of my friend as i'm working here in Hongkong, China, is this possible ?? because here in Hongkong, I will definitely need a lawyer to claim my appeal and it will cost me so much, but in Canada, I have a choice to be represented either by a lawyer, a friend or a relative.

thanks for any inputs

[wolfcha2000]

Primary applicant must have one year paid experince in NOC list Category

Adaptability points are totally on IO. If you ok with your experience which is one year paid and than u r lacking some points IO will use your adaptability points that’s what I know.
You always can get professional help in your case might help you.

good luck