我们不妨来冷静地看一看我们最不愿意看到的东西---拒签信的模板。VO使用这三类模板来撰写三类不同的拒签信:
模板一:因未达技术移民的最低要求而致拒签,此类拒签一般都是因NOC工作经历未达一年,或VO认为其工作经历根本不在NOC之OAB之列。 OP 6 Federal Skilled Workers 2005-08-31 Appendix A Refusal on minimum requirements for skilled worker - Sample letter INSERT LETTERHEAD Our Ref.: INSERT ADDRESS Dear : I have now completed the assessment of your application for a permanent resident visa as a skilled worker and have determined that you do not meet the requirements for immigration to Canada. Pursuant to the Immigration and Refugee Protection Regulations, applicants in the federal skilled worker class are assessed on the basis of the minimum requirements set out in subsection 75(2) and the criteria set out in subsection 76(1). The assessment of these criteria determines whether a skilled worker will be able to become economically established in Canada. The criteria are age, education, knowledge of Canada’s official languages, experience, arranged employment and adaptability. Your application was assessed based on the occupation(s) in which you requested assessment (add title of the occupation and NOC code for each occupation in NOC skill type 0 or skill level A or B which the applicant has claimed experience). The table below sets out the points assessed for each of the selection criteria: Points assessed Maximum possible Age 10 Education 25 Official language proficiency 24 Experience 21 Arranged employment 10 Adaptability 10 Total 100 If the applicant has obtained zero points for the requirement of one year full-time employment experience within the ten years preceding the application, and therefore does not meet the skilled worker requirements, add: Subsection 75(2) of the Immigration and Refugee Protection Regulations states that a foreign national is a skilled worker if (a) within 10 years preceding the date of their application for a permanent resident visa, they have at least one year of continuous full-time employment experience, as described in subsection 80(7), or the equivalent in part-time employment in one or more occupations, other than a restricted occupation, that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix; (b) during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification; and (c) during that period of employment they performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties. I am not satisfied that you meet the (choose one or more: first, second, third) part of these requirements because (provide reasons.) Subsection 75(3) states that if a foreign national fails to meet these requirements, the application shall be refused and no further assessment is required. I am not satisfied that you meet these requirements. I am therefore refusing your application. If the applicant has paid the RPRF, add: The Right of Permanent Residence Fee that you have paid is refundable. (Add as appropriate) You will receive a cheque from the (choose as appropriate) Embassy/High Commission/Consulate within a few weeks. (or) Please contact the Canadian (choose as appropriate) Embassy/High Commission/ Consulate in ………… for information concerning the method of reimbursement and the date at which you can obtain the refund. Thank you for the interest you have shown in Canada. Yours sincerely, Officer cc: fee_
模板二:VO使用“否定性自由裁量权”判断申请人无法证明其能在加拿大经济自立而导致的拒签 Appendix B Refusal on discretion - Sample Letter INSERT LETTERHEAD Our Ref.: INSERT ADDRESS Dear : I have now completed the assessment of your application for a permanent resident visa as a skilled worker and have determined that you do not meet the requirements for immigration to Canada. Subsection 12(2) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the economic class on the basis of their ability to become economically established in Canada. Subsection 75(1) of the Regulations prescribes the federal skilled worker class as a class of persons who are skilled workers and who may become permanent residents on the basis of their ability to become economically established in Canada. Pursuant to the Immigration and Refugee Protection Regulations, 2002, skilled worker applicants are assessed on the basis of the definition set out in subsection 75(2) and the criteria set out in subsection 76(1). The assessment of these criteria determines whether a skilled worker will be able to become economically established in Canada. The criteria are age, education, knowledge of Canada’s official languages, experience, arranged employment and adaptability. Your application was assessed based on the occupation(s) in which you requested assessment (add title of the occupation and NOC code for each occupation in NOC skill type 0 or skill level A or B which the applicant has claimed experience). The table below sets out the points assessed for each of the selection criteria: Points assessed Maximum possible Age 10 Education 25 Official language proficiency 24 Experience 21 Arranged employment 10 Adaptability 10 Total 100 Subsection 76(3) of the Regulations permit an officer to substitute their evaluation of the likelihood to become economically established in Canada if the number of points awarded are not a sufficient indicator of whether the skilled worker may become economically established in Canada. As discussed with you at your interview, I am not satisfied that the points that you have been awarded are an accurate reflection of the likelihood of your ability to become economically established in Canada. I have made this evaluation because (provide reasons.) You were given an opportunity to address these concerns at your interview. The information you have given me and your explanations have not satisfied me that you will be able to become economically established in Canada. A senior officer concurred in this evaluation. Subsection 11(1) of the Act states that 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. Subsection 2(1) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it. Following an examination of your application, I am not satisfied that you meet the requirements of the Act and the Regulations for the reasons explained above. I am therefore refusing your application. If the applicant has paid the RPRF, add: The Right of Permanent Residence Fee that you have paid is refundable. (Add as appropriate) You will receive a cheque from the (choose as appropriate) Embassy/High Commission/Consulate within a few weeks. (or) Please contact the Canadian (choose as appropriate) Embassy/High Commission/ Consulate in ………… for information concerning the method of reimbursement and the date at which you can obtain the refund. Thank you for the interest you have shown in Canada. Yours sincerely, Officer cc: fee____
模板三:以分数不足为理由的拒签信 Appendix C Refusal on points - Sample Letter INSERT LETTERHEAD Our Ref.: INSERT ADDRESS Dear : I have now completed the assessment of your application for a permanent resident visa as a skilled worker and have determined that you do not meet the requirements for immigration to Canada. Subsection 12(2) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the economic class on the basis of their ability to become economically established in Canada. Subsection 75(1) of the Regulations prescribes the federal skilled worker class as a class of persons who are skilled workers and who may become permanent residents on the basis of their ability to become economically established in Canada. Pursuant to the Immigration and Refugee Protection Regulations, 2002, skilled worker applicants are assessed on the basis of the requirements set out in subsection 75(2) and the criteria set out in subsection 76(1). The assessment of these requirements determines whether a skilled worker will be able to become economically established in Canada. The criteria are age, education, knowledge of Canada’s official languages, experience, arranged employment and adaptability. Your application was assessed based on the occupation(s) in which you requested assessment (add title of the occupation and NOC code for each occupation in NOC skill type 0 or skill level A or B which the applicant has claimed experience). The table below sets out the points assessed for each of the selection criteria: Points assessed Maximum possible Age 10 Education 25 Official language proficiency 24 Experience 21 Arranged employment 10 Adaptability 10 Total 100 You have obtained insufficient points to qualify for immigration to Canada, the minimum requirement being 67 points. Add reasons why applicant was unable to obtain sufficient points. You have not obtained sufficient points to satisfy me that you will be able to become economically established in Canada.(请特别留意这句话并不是简单地说分数不够,而是说所获分数不足以让VO确信申请人能在加拿大经济自立!) Subsection 11(1) of the Act states that 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. Subsection 2(1) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it. Following an examination of your application, I am not satisfied that you meet the requirements of the Act and the Regulations for the reasons explained above. I am therefore refusing your application. If the applicant has paid the RPRF, add: The Right of Permanent Residence Fee that you have paid is refundable. (Add as appropriate) You will receive a cheque from the (choose as appropriate) Embassy/High Commission/Consulate within a few weeks. (or) Please contact the Canadian (choose as appropriate) Embassy/High Commission/ Consulate in ………… for information concerning the method of reimbursement and the date at which you can obtain the refund. Thank you for the interest you have shown in Canada. Yours sincerely, Officer cc: fee____ __________________
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