Respected Massood ji/Senior desis,

Greetings.

I am an aspirant to Canada.

I am in a confused state of mind and hence please guide me after reading the brief summary of my case.

* I applied under Skilled worker category in October 2001. Got the file number in January 2002.

* In November 2002, I received a communication from CHC to appear in IELTS under a special backlog clearance chance.

* I appeared in January 2003 for the test. Scored 6.5 band.

* Since the band score was less than 7, I was told to wait till interview is called for.

* In September 2003 there was a change of Immigration laws. These amendments allowed applications filed prior to January 1, 2002 to be assessed under the selection criterion of either the Immigration regulation 1978 or of the Immigration and Refugee Protection Regulation (2002) whichever is favourable.

* I got married in December 2003.

* I received a letter from CHC in December 2003 that I should submit current information regarding education, work experience and my family configuration with in the six month from the date of the letter to review the application and decide whether an interview will be required.

* I appeared in IELTS once again but could score 6.5 band again.

* I despatched the fresh application with latest test results and the forms of my wife alongwith her application fee to CHC.


A few days back I received the communication as follows :

" This refer to your IELTS test report. Unfortunately you have failed to obtain sufficient points under the immigration and refugee protection act and its regulations. In order to make an assessment under the former regulation (in immigration regulations,1978) of your ability to establish successfully in canada, an interview is required. Therefore , your application has been placed in an interview que.

Given our proceesing standards and the number of applications awaiting an interview,, we are unable to state when your interview is likely to be scheduled. for current processing standards , please refer to our website at http://www.dfait-maeci.gc./newdelhi/. an aapointment letter will be sent to you approximately six weeks to three months before the interview.
Please quote our complete file number on our correspondence and your corresspondence to the high commission address. "


Now my questions to the honourable experts are as follows :

The CHC has evaluated my case only as per old regulations against which I no doubt require an interview since the IELTS score is less than 7 band.

But the amendments made in September 2003 required the CHC to review the Immigration case (which were filed before Jan 1 2002) under both the regulations (1978 and 2002) and consider the most favourable one for further processing.

Now since I have been told to wait till interview is called for and no where the reference has been made to new regulations, I am in a fix how to proceed further ?

Please tell me how can I request the CHC to assess my case under new regulations under which I score 72 points though the required score is 67 only.

This whole episode has disturbed me mentally and I am under extreme pressure how to proceed. It is affecting my family as well as professional life.

I am looking forward to your expert opinion and guidance so as to proceed further.

In case any more info is required for giving ur opinion, please let me know.

Thanks in advance,

If your score under new law is 72 and you have already provided IELTS, there's no reason why CHC is not assessing you under new law.

CHC's letter to you seems to suggest, your score is not even 67. Anyway, there is a discrepancy between your and CHC's assessment. It better be cleared now.

The other option is to wait until your interview and find out whether you get your visa then.

Don't know how long it'll take. If you want to wait , we can talk about this in June/July. My India trip is coming up soon. Otherwise, you can contact me directly by email now.

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Massood Joomratty, LLB(Hons), LLM

http://www.passportcanada.com" target="_blank">Your Canadian Immigration Lawyer

http://www.joomratty.com" rel="nofollow">LINK
+1-604-590-0607

Thanks Massood ji for your reply.

Since I have not received the official receipt for the payment of Processing fee of my wife, should I write a letter on this aspect to the CHC along with my query on the discrepancy in assesment of my case.

Is there any other way out to know the exact ground reality from internal sources ?

Please suggest.

Regards

Write to them by all means. What ground reality from inside?

You can always get your CAIPS notes which will [hopefully] disclose any query/concern the officer has w.r.t. your case.

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Massood Joomratty, LLB(Hons), LLM

http://www.passportcanada.com" target="_blank">Your Canadian Immigration Lawyer

http://www.joomratty.com" rel="nofollow">LINK
+1-604-590-0607

Thanks again Sir.

So what are the expenses involved in getting CAIPS report ? and can one get it from India ?Whats the time period ?

Sorry for bothering you yet again Massoodji.