Got rejected today:( any suggestions on my case?

[random123]

very key part of that rejection letter.."...and after having obtained a Canadian credential.". I think the main issue is the eligibility period. When did you officially formally graduate? i.e when you applied for your PGWP, what graduation date did you indicate? When was your PGWP issued?

sophia, when was your post graduate work permit issued? exact date.

 

[Sophia.B]

Sophia,

when you did a 16 months of program, its 2 year course.

then how come you didn't receive 3 year work permit.........

I have no idea, they only gave me 16 months Open work permit, it's unfair too

 

[Sophia.B]

Apply for GCMS notes to see the full reason for your rejection. you can also try to email CIC and ask them (nicely) why they consider your experience short of 12 months.

what is GCMS? Where can i apply it? thanks

 

[Sophia.B]

hi, i am so sorry to hear that, but i have a question for you, as you mentioned that you have 45hr every week from both full time work and part time work. but what your full time work and part time work do ?

full time: teaching assistant
part time: recreation facilitator

 

[Sophia.B]

btw, go over your paystub, make sure, every week you had at least 37.5hrs work.... then conbine with the GCMnote you order..... the rejection letter might not include every reason of rejection....
btw, i am Aug application, i am still waiting for the decision....i only have 52 weeks working experience... i got my PGWP on Aug 12 12 and applied on Aug 11 12....i dont know whether they consider that i did not have one year experience....we need to help each other....keep in touch!!!

for sure good luck

 

[MrB]

sadly, I received a email today basically said I didn't have enough working experience in Canada which is not true. I send out my application on August 2012, they received on August 30th. I got my AOR ON September just in case you wonder my time line.
my working experience from MAY-28/2011 TO JUNE -1/2012, 45HOURS PER WEEK.
im on visitor permit now, my work permit expriod on June 3/2012
I don't think I can re-apply it because I finish school Dec 2010. it's been over 2 years
Can I appeal it? and how?
any body knows a experienced lawyer in Toronto can help?
thank you

:-X

Dear xx:



I have now completed the assessment of your application for a permanent resident visa as a member of the Canadian Experience Class and have determined that you do not meet the requirements for immigration to Canada.

According to the Immigration and Refugee Protection Regulations, applicants in the Canadian Experience Class are assessed on the basis of the pass/fail requirements set out in subsection R87.1(2). The assessment of these criteria determines whether a worker with Canadian experience will be able to become economically established in Canada. The criteria are:

· knowledge of English or French,

· Canadian skilled work experience,

· Canadian educational credentials (for the Post-Graduation Stream only).

Your application was assessed based on the occupations which you identified as part of your skilled work experience in Canada: assistant teacher/recreation facilitator (NOC 4214/5254).

I am not satisfied that you meet skilled work experience requirements. I have reviewed your letters of employment and while I noted all the hours worked, a portion of these hours were accrued while exceeding the 37.5 hours per week maximum. Work in excess of 37.5 hours per week is not eligible towards work experience accumulated in order to compensate for a shorter working period. As a result I am not satisfied you have acquired 12 months of full time work experience, or the equivalent in part-time work experience, in a NOC type 0, or level A or B occupation, within the 24 months before the date the application was made and after having obtained a Canadian credential.



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 Regulations for the reasons explained above. I am therefore refusing your application.

Thank you for the interest you have shown in Canada.

Yours sincerely,



Case Officer

Citizenship and Immigration Canada

Hello Sophia,

It's rather unfortunate that you got rejected by the visa officer. I have read the comments in response to your plight and i don't mean any disrespect but a lot of them are wrong, discouraging and uninformed. Assuming all the information you provided is correct, the VO erred in his decision. This is just evidence that VO's are just human and like any of us are susceptible to error. I want to encourage you to contact a lawyer asap, sign a representation form and let them respond to Ottawa within 2 weeks. You don't need to go through a formal appeal period before the decision can be overturned. I'm glad you're in Toronto there are many good lawyers to your disposal. I strongly encourage you to challenge the decision, there's no room for incompetence, especially when it concerns people's future.

 

[SenoritaBella]

You worked from May 28, 2011 to June 1st, 2012 and work permit expired, June 3rd, 2012. When was your experience letter issued(i.e. date)?

If it was issued before May 28, 2012, then the visa officer is correct in that you do not have 12 months of experience.

Did you always work full-time each week(at least 37.5 hrs)? Or did you work less than 37.5 hrs sometimes?

When was your graduation(i.e. when you received diploma/degree)?
When did you receive the post-graduate work permit?

 

[nicole1006]

hey, just wonder when was your ceremony of graduation?

 

[random123]

Great questions Seniorita. Sophia said she was issued a 16 month work permit, which expired June 2012. Which means it was signed in Feb 2011 (approximately). Her eligible work period would therefore be Feb 2011- June 2012, and she says she worked from May 2011- June 2012. It does seem she is within the window, but this can only be confirmed if she answers the questions you listed. Without these details im having a hard time figuring out why she didnt qualify. Sofia, if you could furnish us with the answers to Seniorita's questions, it would be helpful.

You worked from May 28, 2011 to June 1st, 2012 and work permit expired, June 3rd, 2012. When was your experience letter issued(i.e. date)?

If it was issued before May 28, 2012, then the visa officer is correct in that you do not have 12 months of experience.

Did you always work full-time each week(at least 37.5 hrs)? Or did you work less than 37.5 hrs sometimes?

When was your graduation(i.e. when you received diploma/degree)?
When did you receive the post-graduate work permit?

 

[nicole1006]

hi, if your graduation ceremony was held in June (which most school do)..... then you might need to reapply again, however, if your graduation ceremony was held before the the May 28, they to appeal !!!! i believer you have better chance to win in the later one...

 

[ondine]

ondine, what do you mean by'but some of your work experience may indeed not be eligible '? they didn't mention that on the email and all my jobs are taxable

Hi Sophia,

I was just shooting some ideas, really (even deleted the previous posts because I think I expressed my thoughts in a confusing way). I don't think any of us can say for certainty what happened. There are basically two possibilities:

1) The VO made a mistake. As MrB said, VOs are human and can make mistakes.

2) For some reason (unknown to us and to you), you do indeed have less than one year of equivalent full-time experience.

From the information you have given us, it seems that the VO made a mistake. It's important to make sure that this is the case, however, especially because you don't want to have the same problem when you reapply. In this sense, sashali's advice is indispensable: apply for the GCMS notes* and (perhaps) send a polite email to CIC inquiring about more details. Also, as MrB said, seeing a lawyer might be a good idea.

As I said, however, it is important to make sure that it's the VO's mistake. We don't have all the info, so you have to think long and hard about some of the questions that senior members like SenoritaBella have asked. I'll add some additional questions myself:

- You had two jobs, which means that you had two letters of reference, right?
- Did both jobs start at the same date?
- Did they end at the same date?
- What is the date in both letters of reference?
- Was your official graduation date before or after may 28, 2011?

*To apply for GCMS notes go here: http://www.cic.gc.ca/english/department/atip/requests-personal.asp . Your request will be processed within 30 calendar days. The process is fairly straightforward (btw, you should select the privacy act).

 

[7799]

Applied 22 oct 2012

Got rejected. Noc 0631
Reason: I was not satisfied that you performed the functions of the lead statement and a majority of the main duties under NOC 0613. Consequently, you have failed to demonstrate that you have acquired twelve months of full-time skilled work experience in Canada at a National Occupational Classification skill of type O or level A or B in the last twenty-four months prior to the submission of your application and after having obtained your Canadian educational credential.

 

[7799]

I want to apply as a supervisor this time.
I applied as a manager before.
I want to see actual remarks of visa officer.
So what do i need to ask for gcms?? Or else?
How can i get physical paper file with all remarks and note of visa officer?

 

[ondine]

Sophia,

Looking at some old posts I found the following post by you on December 25, 2012 (http://www.canadavisa.com/canada-immigration-discussion-board/15-days-short-for-one-year-am-i-eligibile-for-cec-t129208.0.html;msg1970832#msg1970832):

"hi there:
when i appiled CEC, i was 10 days short. I called CIC, they said i may be able to apply for it. they only checking the hours you working in total in one year, not really how many days
I recieved my AOR in September.
so good luck"

Does this refer to your current CEC application? Because if it does, we have the reason for rejection right here: you were two weeks short of one year of work experience.

 

[honeysingh]

I have no idea, they only gave me 16 months Open work permit, it's unfair too

its too late for you i guess, even i have got the 16 months of work permit instead doing a 2 year/16 months diploma course..

Then I approached to a lawyer and reapplied through him... and after 3 months i was surprised to the new work permit in mailbox valid for 3 years.

but they had issued me a new Client ID on the new workpermit.......