My application returned-when can I re-apply ?

[kali]

Hi I have received the following response from Sydney, NS yesterday.

We have received your application for permanent residence in Canada in the Federal Skilled Worker Class.

Although you have indicated that you are a Temporary Foreign Worker there is insufficient evidence on file that you have been legally working in Canada as a Temporary Foreign Worker for at least one year immediately before submitting your application.  There is insufficient evidence on file that you are legally residing in Canada as an International Student for at least one year immediately before submitting your application, or that you have Arranged Employment.  Your application has therefore been assessed on the basis of whether you have work experience in the list of occupations eligible for processing.  These occupations are identified by codes and described in the National Occupational Classification (NOC). You may access the list of eligible occupations at:

www.cic.gc.ca/english/immigrate/skilled/apply-who-instructions.asp#list

You have indicated that you have work experience in an occupation with the following NOC codes: 2131- Engineering.  This occupation is not included on the list of eligible occupations specified in the instructions identified by the Minister of Citizenship, Immigration and Multiculturalism and published in the Canada Gazette on 28 November 2008.
 
For the reasons outlined above, your application does not meet the requirements of the Ministerial Instructions and your application is not eligible for processing.

My question:

I completed 2 years of post secondary study in Feb. 2009 and then got post graduate work permit for three years. I didn't leave Canada after I came to Canada.

So, aren't I eligible for FSW-category 3 ?

I mentioned that I was student but didn't submit any evidences for student. I only send my recent work permit. I am working a off job now (not professional).

So, when can I re-apply ? Do I have to wait till I get application fee back to re-apply ?

During re-apply, do I have to mention my application was returned with such a immigration file number ?
I appreciate your responses.

Thanks

[kali]

Thank you LEON for your reply.

[kali]

Anyone can suggest me ?

[professional 1]

Man it is very clear why they have refused and not returned your application, you don't fall under category 1 (the list of jobs).

Only category 1 is exempted from sending any extra documents to the CIO, but category 2 and 3 must submit some supporting documents with their simplified application to the CIO such as;

copy of the work/study permit, copy of the candian visa stamped in their passport with the entry stamp and date, any copies of the work/study permit extensions, proof of enrolment from the educational institution, proof of being hired from a canadian employer, canadian transcripts, canadian certificates if applicable...and so on.

Claiming that you were a student for more than one year in canada even if you have a Post Graduate work permit is not enough, you have to prove your legal status at that period of time by the relevant documents.

[kali]

On my rejection letter, it is stated

"The fees that you have paid are refundable. You will receive a cheque within eight to twelve weeks. If you submitted original supporting documents, these are being returned to you by mail."

So, I thought I have to re-apply again with new payment.

[jes_ON]

Sending a copy of your work permit was insufficient since you have not been working for a full year.  If you want to claim the time as a student, you also have to submit the evidence of being here legally as a student.

In your case, you would need to submit all the documentation for being a student, PLUS your work permit to show that you are residing legally in Canada.

You do not have to wait for the refund to re-submit the application, but you will have to submit the new application fee with the new application. 

You do not have to mention that your previous application was returned.  It will be treated as a new application.

[ELAR]

I have applied as FSW2, I just submitted all forms and a copy of the work permit, copy of the passport and the letter of my current employer stating that I'll get a permanent basis position upon approval of PR status. 

Should I have submitted proof of working legally too?

please let me know.

Thanks

[jes_ON]

as long as your work permit is valid, that is your proof.