Procedural Fairness Request – Canadian Experience Class

[hyd_girl]

Hi friends,

I am on the verge of refusal for my ONIP Application. I have blindly trusted EE CRS calculator and selected my eligibility criteria as CEC (incorrectly) in my OINP application form.

Below are the complete details:

I worked more than one year in Canada between Aug 2012 and end of Sep 2013.

EE Profile created on : 31-Oct-2015 (EE Profile calculated CEC eligibility as 'Met')
PT interest letter : 6-Nov-2015 (EE Profile had been showing CEC eligibility as 'Met')
Appl package submitted : 24-Nov-2015 (EE Profile had been showing CEC eligibility as 'Met')

Acknowledgment received : 15-Dec-2015

Req to submit ECA : 31-Dec-2015

ECA report sent : 6-Jan-2016 (EE Profile updated CEC Not Met)


I realized the fact and sent a Letter to

Ontarionominee@ontario.ca with all these points and also requested in the mail that


"Please consider my application under FSW category because I am no more eligible now under CEC.

I request you to kindly let me know if I need to submit any application form for the same."

But I did not receive any kind of response to the mail though I did follow up twice to the email.

-----------------------------------------------------------------




Today I have received a mail from Express Entry stating that : Procedural Fairness Request – Canadian Experience Class


"Your application does not provide

sufficient evidence that you have a minimum of one year (12 months) of cumulative, and

full-time employment (1,560 hours or more) or an equal amount in part-time paid work

experience in a National Occupation Classification (NOC) 0, A, or B occupation in

Canada in the past three years from the date of PT Notification of Interest from Ontario.

Please note that the OINP calculates cumulative work experienced based on the date of

the PT Notification of Interest.



In your case, the Program issued the Notification of

Interest on November 6, 2015 and your work experience was assessed three

years prior as of of this date.

You have 30 calendar days from the date of this letter to provide additional information

or documentation to support that your application satisfies program criteria.

Should the program not receive additional information within this timeframe, your

application will be assessed based on the existing information on file which may lead to

the refusal of your application.


Thank you for your application and your interest in the Ontario Immigrant Nominee

Program."



Now I am not sure How to respond and I cannot provide CEC Documents as it is clear that i wasn't eligible at the time of the application.


Could you please help me and give your inputs on this.

Thank you in advance.


******************************************

Below is the letter received from ONIP
****************************************

Dear Sir/Madam:

RE: Procedural Fairness Request – Canadian Experience Class

Thank you for your application to the Ontario Immigrant Nominee Program (OINP)

under the Ontario Express Entry : Human Capital Priorities Stream received on

November 24, 2015. Your application and all supporting documentation submitted to

date have been reviewed.

Before a decision is made on your application, this letter is to provide you with a final

opportunity to submit information to support your eligibility for nomination.

If you choose to be assessed against the Canadian Experience Class (CEC) criteria, all

applicants must meet the following provincial criteria:


 A minimum of one year of cumulative and full-time employment (1,560 hours or

more) or an equal amount in part-time paid work experience in a NOC 0, A, or B

occupation in Canada in the past three years from the date of the P/T Notification

of Interest from OINP.

 A Canadian Bachelors, Masters or PhD degree or an Educational Credential

Assessment (ECA) report produced by a designated organization indicating that

your foreign education is the equivalent of a Canadian Bachelors, Masters or

PhD degree.

 A language level of Canadian Language Benchmark (CLB) 7 or above in all

language competencies (reading, writing, listening, and speaking) in either

English or French.

Page 1 of 2

 Score a minimum of 400 points in the Comprehensive Ranking System in CIC’s

Express Entry system. Your score must remain at or above 400 during both the

Ontario nomination processing stage and at the federal application for permanent

residency processing stage.

 Possess sufficient funds and/or income to cover settlement costs in Ontario.

Funds must be unencumbered, readily transferable in a convertible currency, and

supported by bank statements.

 Intend to reside in Ontario, as demonstrated by a statement of intent and

indication of ties to Ontario.

The assessment of the information and documentation submitted in support of your

application indicates that some of the above criteria may not have been met, specifically

with respect to the work experience requirement. Your application does not provide

sufficient evidence that you have a minimum of one year (12 months) of cumulative, and

full-time employment (1,560 hours or more) or an equal amount in part-time paid work

experience in a National Occupation Classification (NOC) 0, A, or B occupation in

Canada in the past three years from the date of PT Notification of Interest from Ontario.

Please note that the OINP calculates cumulative work experienced based on the date of

the PT Notification of Interest.



In your case, the Program issued the Notification of

Interest on November 6, 2015 and your work experience was assessed three

years prior as of of this date.

You have 30 calendar days from the date of this letter to provide additional information

or documentation to support that your application satisfies program criteria.

Should the program not receive additional information within this timeframe, your

application will be assessed based on the existing information on file which may lead to

the refusal of your application.


Thank you for your application and your interest in the Ontario Immigrant Nominee

Program.



Sincerely,

Ontario Immigrant Nominee Program

Ministry of Citizenship, Immigration and International Trade

Government of Ontario

 

[scylla]

Do you have at least one year of work experience between November 2012 and November 2015?

If you received ITA under CEC then you cannot switch to FSW.

 

[Mr Optimist]

Hi friends,

I am on the verge of refusal for my ONIP Application. I have blindly trusted EE CRS calculator and selected my eligibility criteria as CEC (incorrectly) in my OINP application form.

Below are the complete details:

I worked more than one year in Canada between Aug 2012 and end of Sep 2013.

EE Profile created on : 31-Oct-2015 (EE Profile calculated CEC eligibility as 'Met')
PT interest letter : 6-Nov-2015 (EE Profile had been showing CEC eligibility as 'Met')
Appl package submitted : 24-Nov-2015 (EE Profile had been showing CEC eligibility as 'Met')

Acknowledgment received : 15-Dec-2015

Req to submit ECA : 31-Dec-2015

ECA report sent : 6-Jan-2016 (EE Profile updated CEC Not Met)


I realized the fact and sent a Letter to

Ontarionominee@ontario.ca with all these points and also requested in the mail that


"Please consider my application under FSW category because I am no more eligible now under CEC.

I request you to kindly let me know if I need to submit any application form for the same."

But I did not receive any kind of response to the mail though I did follow up twice to the email.

-----------------------------------------------------------------




Today I have received a mail from Express Entry stating that : Procedural Fairness Request – Canadian Experience Class


"Your application does not provide

sufficient evidence that you have a minimum of one year (12 months) of cumulative, and

full-time employment (1,560 hours or more) or an equal amount in part-time paid work

experience in a National Occupation Classification (NOC) 0, A, or B occupation in

Canada in the past three years from the date of PT Notification of Interest from Ontario.

Please note that the OINP calculates cumulative work experienced based on the date of

the PT Notification of Interest.



In your case, the Program issued the Notification of

Interest on November 6, 2015 and your work experience was assessed three

years prior as of of this date.

You have 30 calendar days from the date of this letter to provide additional information

or documentation to support that your application satisfies program criteria.

Should the program not receive additional information within this timeframe, your

application will be assessed based on the existing information on file which may lead to

the refusal of your application.


Thank you for your application and your interest in the Ontario Immigrant Nominee

Program."



Now I am not sure How to respond and I cannot provide CEC Documents as it is clear that i wasn't eligible at the time of the application.


Could you please help me and give your inputs on this.

Thank you in advance.


******************************************

Below is the letter received from ONIP
****************************************

Dear Sir/Madam:

RE: Procedural Fairness Request – Canadian Experience Class

Thank you for your application to the Ontario Immigrant Nominee Program (OINP)

under the Ontario Express Entry : Human Capital Priorities Stream received on

November 24, 2015. Your application and all supporting documentation submitted to

date have been reviewed.

Before a decision is made on your application, this letter is to provide you with a final

opportunity to submit information to support your eligibility for nomination.

If you choose to be assessed against the Canadian Experience Class (CEC) criteria, all

applicants must meet the following provincial criteria:


 A minimum of one year of cumulative and full-time employment (1,560 hours or

more) or an equal amount in part-time paid work experience in a NOC 0, A, or B

occupation in Canada in the past three years from the date of the P/T Notification

of Interest from OINP.

 A Canadian Bachelors, Masters or PhD degree or an Educational Credential

Assessment (ECA) report produced by a designated organization indicating that

your foreign education is the equivalent of a Canadian Bachelors, Masters or

PhD degree.

 A language level of Canadian Language Benchmark (CLB) 7 or above in all

language competencies (reading, writing, listening, and speaking) in either

English or French.

Page 1 of 2

 Score a minimum of 400 points in the Comprehensive Ranking System in CIC’s

Express Entry system. Your score must remain at or above 400 during both the

Ontario nomination processing stage and at the federal application for permanent

residency processing stage.

 Possess sufficient funds and/or income to cover settlement costs in Ontario.

Funds must be unencumbered, readily transferable in a convertible currency, and

supported by bank statements.

 Intend to reside in Ontario, as demonstrated by a statement of intent and

indication of ties to Ontario.

The assessment of the information and documentation submitted in support of your

application indicates that some of the above criteria may not have been met, specifically

with respect to the work experience requirement. Your application does not provide

sufficient evidence that you have a minimum of one year (12 months) of cumulative, and

full-time employment (1,560 hours or more) or an equal amount in part-time paid work

experience in a National Occupation Classification (NOC) 0, A, or B occupation in

Canada in the past three years from the date of PT Notification of Interest from Ontario.

Please note that the OINP calculates cumulative work experienced based on the date of

the PT Notification of Interest.



In your case, the Program issued the Notification of

Interest on November 6, 2015 and your work experience was assessed three

years prior as of of this date.

You have 30 calendar days from the date of this letter to provide additional information

or documentation to support that your application satisfies program criteria.

Should the program not receive additional information within this timeframe, your

application will be assessed based on the existing information on file which may lead to

the refusal of your application.


Thank you for your application and your interest in the Ontario Immigrant Nominee

Program.



Sincerely,

Ontario Immigrant Nominee Program

Ministry of Citizenship, Immigration and International Trade

Government of Ontario

Call the OINP number and explain them the situation. If that's not helping, consult a good immigration consultant.

 

[gurpreet.gumber]

Hi friends,

I am on the verge of refusal for my ONIP Application. I have blindly trusted EE CRS calculator and selected my eligibility criteria as CEC (incorrectly) in my OINP application form.

I am sorry to hear that but why did you not apply in 2013?

that aside, still if you have atleast a year experience then it will work.. it doesnt matter it was full time or part time.. if you could show them atleast one year(1560 hrs) of experience in last three years then it might work..

Thanks,

 

[hyd_girl]

Nope. I don't have 12 months between November 2012 and November 2015. I have not received PNP or ITA .

I selected CEC on my PNP application because EE Profile calculated that I MET the eligibility for CEC application.

Do you have at least one year of work experience between November 2012 and November 2015?

If you received ITA under CEC then you cannot switch to FSW.

 

[FMCAD]

1) Fill a new application form for OINP Human Capital Stream and Select your stream as FSW sign it, write a LOE explaining your situation and request them to Nominate you under FSW and not CEC.

2) Email them above documents, also send a fax copy of these documents, in your fax, attach the email you received from them( Procedural Fairness Request email)

You will be good, if you do so they may consider your request and give you nomination under FSW

 

[mutaros]

Hi hyd_girl

I received almost identical letter from OINP yesterday.

In my case I received PT Interest Letter on 16 October 2015, but full year of experience gained only on 27 of October.

Although I sent my application in November, on the date of PT Letter I didn't have 11 days to full year of employment.
Unfortunately I spotted that error too late, to withdraw an application.

Yesterday I received letter from OINP with following:

.....
Your application does not provide sufficient evidence that you have a minimum of one year (12 months) of cumulative, full-
time employment (1,560 hours or more) or an equal amount in part-time paid work experience in a National Occupation Classification (NOC) 0, A, or B occupation, in Canada, in the past three years from the date of the PT Notification of Interest from Ontario.

Please note that the OINP calculates cumulative work experienced based on the date of the PT Notification of Interest. In your case, the Program issued the Notification of Interest on October 16, 2015 and your work experience was assessed as of this date.

You have 30 calendar days from the date of this letter to provide additional information or documentation to support that your application satisfies program criteria.
....

 

[hyd_girl]

1) I realized the importance of PR in 2015
2)I left Canada on Sept 30, 2013

I am sorry to hear that but why did you not apply in 2013?

that aside, still if you have atleast a year experience then it will work.. it doesnt matter it was full time or part time.. if you could show them atleast one year(1560 hrs) of experience in last three years then it might work..

Thanks,

 

[gurpreet.gumber]

1) I realized the importance of PR in 2015
2)I left Canada on Sept 30, 2013

I guess, this is a good option by FMCAD .. But I don't know, Its really hard because I applied for OINP in January and got a reply lat week that they just received it.. and I heard that they have stopped receiving new application for now.. still don't lose any hope.. may be there is somebody who have other suggestions on that...

1) Fill a new application form for OINP Human Capital Stream and Select your stream as FSW sign it, write a LOE explaining your situation and request them to Nominate you under FSW and not CEC.

2) Email them above documents, also send a fax copy of these documents, in your fax, attach the email you received from them( Procedural Fairness Request email)

You will be good, if you do so they may consider your request and give you nomination under FSW

 

[MZASAM]

hyd_girl,

Please do not panic. You are lucky, OINP is providing you an opportunity to submit the required docs, info.

Coolly, go through OINP mail point by point, prepare the docs, write a LoE explaining every detail. If needed, take assistance from a attorney.

Double check, review all docs together with a friend or knowledgeable person before sending to OINP.

Be optimistic, and remain hope full.

Note: Take into consideration the suggestions made by seniors, all members

 

[hyd_girl]

Mine CEC eligibility expired before I receive my PT letter.

Your eligibility not yet met when you receive your PT letter.

In your case, if you submitted application form in November, you can mention that 'at the time of application, I have updated status and as per updated status I applied under CEC... ' ??

Hi hyd_girl

I received almost identical letter from OINP yesterday.

In my case I received PT Interest Letter on 16 October 2015, but full year of experience gained only on 27 of October.

Although I sent my application in November, on the date of PT Letter I didn't have 11 days to full year of employment.
Unfortunately I spotted that error too late, to withdraw an application.

Yesterday I received letter from OINP with following:

.....
Your application does not provide sufficient evidence that you have a minimum of one year (12 months) of cumulative, full-
time employment (1,560 hours or more) or an equal amount in part-time paid work experience in a National Occupation Classification (NOC) 0, A, or B occupation, in Canada, in the past three years from the date of the PT Notification of Interest from Ontario.

Please note that the OINP calculates cumulative work experienced based on the date of the PT Notification of Interest. In your case, the Program issued the Notification of Interest on October 16, 2015 and your work experience was assessed as of this date.

You have 30 calendar days from the date of this letter to provide additional information or documentation to support that your application satisfies program criteria.
....

 

[hyd_girl]

Thank You. Your reply is giving some hope.

1) Fill a new application form for OINP Human Capital Stream and Select your stream as FSW sign it, write a LOE explaining your situation and request them to Nominate you under FSW and not CEC.

2) Email them above documents, also send a fax copy of these documents, in your fax, attach the email you received from them( Procedural Fairness Request email)

You will be good, if you do so they may consider your request and give you nomination under FSW

 

[hyd_girl]

Thank you.

I guess, this is a good option by FMCAD .. But I don't know, Its really hard because I applied for OINP in January and got a reply lat week that they just received it.. and I heard that they have stopped receiving new application for now.. still don't lose any hope.. may be there is somebody who have other suggestions on that...

 

[hyd_girl]

Hi mzasam,

as per the email , OINP provided an opportunity to prove my eligibility under CEC but I don't have CEC eligibility.

FMCAD Option is giving some hope.

hyd_girl,

Please do not panic. You are lucky, OINP is providing you an opportunity to submit the required docs, info.

Coolly, go through OINP mail point by point, prepare the docs, write a LoE explaining every detail. If needed, take assistance from a attorney.

Double check, review all docs together with a friend or knowledgeable person before sending to OINP.

Be optimistic, and remain hope full.

Note: Take into consideration the suggestions made by seniors, all members

 

[FMCAD]

Thank You. Your reply is giving some hope.

Make a phone call to Ontario Imm to get a rough idea:

This is the best time to give a phone call to Ontario Imm Office and speak to a representative, you will get a rough idea of the course of action they may take. Be very polite on call, mention this is a life event and important for you. And your case scenario made you to request for a change to FSW.

Take your final decision later with an official response via LOE and other supporting documents/application forms after you speak to the representative in Ontario Imm. Play Safe!