11 month CEC - confusing response from IRCC

[OnceMore]

I got ITA through CEC points at the beginning of Aug whereas I will complete 1 yr Canadian work experience only at the beginning of Sept. Apparently IRCC's system calculates on a monthly basis so as soon as the 12th month arrives, it awards you the CEC points. Based on which date you actually started working in Canada, there can be gap of up to 2 months.
People in this forum advice (based on A11.2 rules) that this might disqualify your application since there is some ambiguity in how the rules are interpreted by a random officer.

Has anyone gone ahead and accepted ITA based on 11 month CEC? What happened to your case?

I emailed IRCC and received the following reply. The 3 bullet items do not mention ITA but then again I cannot use this email as an argument if the officer disagrees:

When submitting an Express Entry (EE) permanent residence application, you must demonstrate you are meeting the eligibility requirements of one of the federal economic immigration programs. One of the requirements is to enter the month/year of work experience and no specific date. Therefore, you may have received an Invitation to Apply (ITA) even if you are missing a few days of work experience to be eligible.

IRCC officers processing the EE applications are aware of the system calculating months and not actual days/hours worked in a month. When reviewing an application, they will take into consideration factors such as:

• Continuous work status,
• The Offer of Employment Letter from the same employer, and
• Whether you reach the one year work experience at the time the EE application is submitted/approved or within a few days after.

The decision for approval is at the discretion of the officer. However, the onus is on you to provide all required information and supporting documentation to facilitate the decision.

It feels horrible to decline an ITA (after so many years of waiting) and again wait for a month hoping nothing untoward happens Wish IRCC rectifies this and not put us through such mental torture.

A11.2 rule:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/assessing-electronic-application-on-section-a11-2.html

 

[EscoBlades]

The directions are pretty clearly stated. There is nothing wrong with declining an ITA to ensure you meet the clearly stated minimum requirements on your own, since the onus is on you to prove them to the immigration officer. Dunno where this mentality that declining an ITA is a bad thing came from, when you’d be better off waiting till there is absolutely no doubts about the duration of your work exp.

Anyway it is your application so you do you.

 

[lostinquebec]

Nobody is saying declining an ITA is a bad thing, but not everybody has the luxury to wait when they have a limited time to apply due to their expiring work permit.
If you decide to apply just make sure you send the eAPR after you actually complete the 1 year and not before. A lot of people have done that and you can search it on this same forum.

Even the email you got from IRCC is telling you:

Whether you reach the one year work experience at the time the EE application is submitted/approved (not when invited) or within a few days after.

 

[OnceMore]

Nobody is saying declining an ITA is a bad thing, but not everybody has the luxury to wait when they have a limited time to apply due to their expiring work permit.
If you decide to apply just make sure you send the eAPR after you actually complete the 1 year and not before. A lot of people have done that and you can search it on this same forum.

Even the email you got from IRCC is telling you:

Whether you reach the one year work experience at the time the EE application is submitted/approved (not when invited) or within a few days after.

That is very true "not everybody has the luxury to wait", I am running against time, losing 10 pts every b'day sucks, I am pretty much at the end of my rope here!
If I apply, I WILL wait until after my 12 months Canadian work experience. Thanks once again.

 

[OnceMore]

Update: I declined my ITA (that I received at my 11th month of Canadian experience), will wait for my actual 1 yr Canadian experience to pass and hopefully the cutoff won't skyrocket. Fingers crossed
Will keep you all posted.

 

[OnceMore]

I feel validated and thanks to multiple experienced people in this forum, I think my decision to decline my premature ITA was correct. Here is a rejection letter received (Mar 8, 2020) by another person for an different reason but read the lines I have highlighted below:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/pr-got-rejected.681318/

...... In addition, according to the Immigration and Refugee Protection Act:
11.2 An officer may not issue a visa or other document in respect of an application for permanent residence to a foreign national who was issued an invitation under Division 0.1 to make such an application if – at the time the invitation was issued or at the time the officer received their application – the foreign national did not meet the criteria set out in an instruction given under ......

And here is one more place, they have made it very clear that an ITA issued at the 11th month of 1 yr experience is grounds for rejection if they choose to do so. I understand some people who are barely scrapping through would like to risk it but if you have enough points to qualify in a month then please consider declining the ITA:

Section 11.2 of the Act requires that information provided in your Express Entry Profile concerning your eligibility to be invited to apply (10.3(1)(e)) as well as the qualifications on the basis of which you were ranked (10.3(1)(h)) be valid both at the time the invitation was issued and at the time the application for permanent residence is received.

 

[talktoudaykumar]

Hi

Which date IRCC considers. Is the date when ITA received or is the date when the EE profile submitted.
My scenario is below

EE profile updated on Jan 2021 to CEC met(11th Month, My actual CEC met is Feb 2021).

if IRCC considers the date of ITA, shall I go ahead and accept it (Feb13th is the draw and my CEC one Year will qualify on Feb 17th)?

Not sure what IRCC considers ( Is it Jan 2021 or Feb 13th, 2021(draw date) or Feb 17th, 2021(actual cec met time))?


your valuable suggestions will help me.
Thanks in advance.

 

[creativerbl]

Hi

Which date IRCC considers. Is the date when ITA received or is the date when the EE profile submitted.
My scenario is below

EE profile updated on Jan 2021 to CEC met(11th Month, My actual CEC met is Feb 2021).

if IRCC considers the date of ITA, shall I go ahead and accept it (Feb13th is the draw and my CEC one Year will qualify on Feb 17th)?

Not sure what IRCC considers ( Is it Jan 2021 or Feb 13th, 2021(draw date) or Feb 17th, 2021(actual cec met time))?


your valuable suggestions will help me.
Thanks in advance.

I had tweeted to IRCC and got an official response from them. Ypu can keep the ITA but only submit after completion of 1 year.

https://twitter.com/i/web/status/1352417935193763842

My case is exactly as yours with a difference of a week.

 

[talktoudaykumar]

I had tweeted to IRCC and got an official response from them. Ypu can keep the ITA but only submit after completion of 1 year.

https://twitter.com/i/web/status/1352417935193763842

My case is exactly as yours with a difference of a week.

Great to hear. So basically we will wait until that date get past and then submit the docs. THank you .

Super helpful answer.

 

[laracroft0077]

Yes, I am in the same situation and don't know what to do ... this tweet helps

 

[Dave1111]

Yes, I am in the same situation and don't know what to do ... this tweet helps

Don't worry!
My friend was in same situation. Aor August 16. She just got copr last week. She submitted her documents after she completed 1 year of experience. I hope it helps.

 

[srirajesh01]

Hi there, i complete 1 year in April 13th 2021, but I don't see my EE profile reflecting CEC points in 11th month... Had CEC fixed the system? My profile was created in January 2021

 

[Prudhvi111]

Hi there, i complete 1 year in April 13th 2021, but I don't see my EE profile reflecting CEC points in 11th month... Had CEC fixed the system? My profile was created in January 2021

Hi,I have the same situation, when did you get points among 1 St March or 30th march

 

[srirajesh01]

I fixed it with the way i entered my work experience, the first one should always be current and the whole experience should be in a descending order... See if you have entered this way.. if not correct it...

 

[Prudhvi111]

I fixed it with the way i entered my work experience, the first one should always be current and the whole experience should be in a descending order... See if you have entered this way.. if not correct it...

Hey rajesh, thank you so much. Heartly Appreciated for your valuable time and response...