Got rejected today:( any suggestions on my case?

[lucky_CA]

Sorry to hear your rejection Sophia.

Don't worry, I strongly believe you will get PR under CEC if you reapply under New 2013 CEC rules, which does not require you to acquire a degree from Canada. Just make sure, you include all the documents according to the current check list and up-to-date documents.. Also, don't worry about 2 years. According to the new rules, Any work done within the last 36 months will count. So your work experience from May,2011 to June , 2012 will be counted if you apply and your application is received at CIO before, May 27, 2014.

You said, you finished your degree program in 16 months. Which means you were a full-time student in Canada for 16 months, am I right?

If so, according previous rules (OP 25), your application was not processed under the Post-Graduate Stream. According to OP 25 Section 5.1, you need to be enrolled in full-time program for 2 years (in your case it was 16 months) for your application to be process under post grad student stream.

Also , the rejection letter explicitly says that your application was assessed based on your work experience ( it doesn't say it was assessed based on work experience and your educational credentials)

I would assume, the VO processed your application as Temporary Foreign Worker Stream, which requires to you have 3900 hours, which you don't have (considering all your hours was counted up to 37.5 hours per week).

I would suggest you to discuss your case with a lawyer, mention the possible reason for your refusal, also ask their opinion about reapplying. If I were you, I would not waste time and money for appeal. I would reapply right away.

 

[littlemckay]

I think your issue is actually applying too early. The rules for only needing 1 year of employment didn't change until January (your post grad permit was only 16 months) so at the time you applied you actually needed 2 years of employment. Now because the rules have changed the reason given is the new standard 12 month thing but the reality is that the time period you gave didn't account for the 2 year required at that time and in the interest of being fair to all the folks who had to wait until Jan to apply under new year rule, they can't approve it because it wasn't enough at the time you sent it in.

I don't know where you got the information about only needing one year but it's always stated very clearly that you needed 2 years of full time employment and the rule change in January was what a lot of folks were looking forward to at the end of 2012.

You can definitely reapply now though, you have enough experience now you'll just have to go through the process again. And you'll be able to apply for an open work permit once you get the receipt email so it's not a total loss.

 

[ondine]

Sorry to hear your rejection Sophia.

Don't worry, I strongly believe you will get PR under CEC if you reapply under New 2013 CEC rules, which does not require you to acquire a degree from Canada. Just make sure, you include all the documents according to the current check list and up-to-date documents.. Also, don't worry about 2 years. According to the new rules, Any work done within the last 36 months will count. So your work experience from May,2011 to June , 2012 will be counted if you apply and your application is received at CIO before, May 27, 2014.

You said, you finished your degree program in 16 months. Which means you were a full-time student in Canada for 16 months, am I right?

If so, according previous rules (OP 25), your application was not processed under the Post-Graduate Stream. According to OP 25 Section 5.1, you need to be enrolled in full-time program for 2 years (in your case it was 16 months) for your application to be process under post grad student stream.

Also , the rejection letter explicitly says that your application was assessed based on your work experience ( it doesn't say it was assessed based on work experience and your educational credentials)

I would assume, the VO processed your application as Temporary Foreign Worker Stream, which requires to you have 3900 hours, which you don't have (considering all your hours was counted up to 37.5 hours per week).

I would suggest you to discuss your case with a lawyer, mention the possible reason for your refusal, also ask their opinion about reapplying. If I were you, I would not waste time and money for appeal. I would reapply right away.

Hi lucky_CA,

Actually, the VO did consider her application in terms of the post-graduate stream. The VO's letter clearly states that she needed 12 months of experience in the last 24 months.

Although it is possible that the VO made a mistake, from a previous post I believe Sophia applied 10 days short of 1 year of work experience and misremembered her work experience date. See my previous post.

 

[honeysingh]

Sorry to hear your rejection Sophia.

Don't worry, I strongly believe you will get PR under CEC if you reapply under New 2013 CEC rules, which does not require you to acquire a degree from Canada. Just make sure, you include all the documents according to the current check list and up-to-date documents.. Also, don't worry about 2 years. According to the new rules, Any work done within the last 36 months will count. So your work experience from May,2011 to June , 2012 will be counted if you apply and your application is received at CIO before, May 27, 2014.

Sophia.B
Full Member


Posts: 34
Ratings: +0
[Good] [Poor]

« Reply #7 on: 25-12-2012, 23:17:30 »

Quote
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


as Ondine mentioned, and from your previous post... you should have waited for 10 days before you apply.......

 

[MumbaiIndian]

You applied in the Year 2012 when minimum work experience required was 2 years. The rule is changed now and minimum experience required is 1 year. As per 2012 rule our experience is not complete.

 

[ondine]

You applied in the Year 2012 when minimum work experience required was 2 years. The rule is changed now and minimum experience required is 1 year. As per 2012 rule our experience is not complete.

MumbaiIndian and littlemckay,

Under the old CEC rules, there were two streams, one that required a two year (or longer) Canadian diploma + 1 year of skilled work experience (called the post-graduate stream) and the other that required two years of skilled work experience (called the foreign worker stream).

 

[littlemckay]

MumbaiIndian and littlemckay,

Under the old CEC rules, there were two streams, one that required a two year (or longer) Canadian diploma + 1 year of skilled work experience (called the post-graduate stream) and the other that required two years of skilled work experience (called the foreign worker stream).

Yes I know this, but it was 16 months, not 2 years so it wouldn't have counted as a 2 year and would have required (like myself) the 2 years of work experience.

 

[lucky_CA]

The rejection letter itself is contradictory to which stream the application was assessed. However, for post grad stream full-time enrollment for 2 years is compulsory, which Sophia did not have.

Also even if you considers 45 hours per week for 53 weeks (2385 hours) , still way below the requirement of 3900 hours for Temporary Foreign Worker Stream.

 

[ondine]

The rejection letter itself is contradictory to which stream the application was assessed. However, for post grad stream full-time enrollment for 2 years is compulsory, which Sophia did not have.

Also even if you considers 45 hours per week for 53 weeks (2385 hours) , still way below the requirement of 3900 hours for Temporary Foreign Worker Stream.

Actually, she did meet the educational requirement. According to the OP25 (http://www.cic.gc.ca/english/resources/manuals/op/op25-eng.pdf):

"To qualify the applicant must have:
- been enrolled full-time in a program of study or training with a duration of at least two
years (i.e., two academic years of at least eight months excluding scheduled breaks,
such as summer holidays);" (p. 13)

Her program was an accelerated program with 16 months straight, i.e. two academic years. Read carefully the VOs letter, it really isn't ambiguous. He's looking for 12 months of work experience in the past 24 months.

 

[honeysingh]

The rejection letter itself is contradictory to which stream the application was assessed. However, for post grad stream full-time enrollment for 2 years is compulsory, which Sophia did not have.

Also even if you considers 45 hours per week for 53 weeks (2385 hours) , still way below the requirement of 3900 hours for Temporary Foreign Worker Stream.

even i did 2 year program which is of 4 semester

I studied at centennial college in Toronto, I did the 4 semester continuously without any gaps so finished in 16 months,,,,

when i wanted to apply for PGWP, they had mentioned i completed 2 years education.........

The accelerated program is not a problem as long as the Educational institution has given you the letter in which it said the program length.

 

[Sophia.B]

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?

I graduated Dec/2010
got my work permit Feb/2011

 

[Sophia.B]

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).

thank you Ondine for all the infomation.
I do have two reference letters
my part-time job start 6 months after my full time job, the first week my full time job I only worked 35hours, after that I work more than 40 hours each week, I called CIC asked them about my first week short 2.5hours, they said its ok as long as i have total 1980hours(somewhere around there).
I received my diploma in Dec/2010, same official graduation date on my transcript/diploma

 

[Sophia.B]

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.

I was not very clear there. I just review all my paper there, the date on my paper was May28-June 01. I was 2.5hours short the first week of my full time job. I did call them and they said it's ok.

 

[Sophia.B]

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.......

wow, good for you

 

[Sophia.B]

I think your issue is actually applying too early. The rules for only needing 1 year of employment didn't change until January (your post grad permit was only 16 months) so at the time you applied you actually needed 2 years of employment. Now because the rules have changed the reason given is the new standard 12 month thing but the reality is that the time period you gave didn't account for the 2 year required at that time and in the interest of being fair to all the folks who had to wait until Jan to apply under new year rule, they can't approve it because it wasn't enough at the time you sent it in.

I don't know where you got the information about only needing one year but it's always stated very clearly that you needed 2 years of full time employment and the rule change in January was what a lot of folks were looking forward to at the end of 2012.

You can definitely reapply now though, you have enough experience now you'll just have to go through the process again. And you'll be able to apply for an open work permit once you get the receipt email so it's not a total loss.

It was on CIC website said only need one year and it was showed on my letter said I didn't meet one year full time working experience.