Application Rejection on Technicality - HELP!

[home3d2001]

Hi,

I started counting my working hours after June 2011 and I think it should be fine. I really appreciate if one of the seniors also take a look at my calculation and tell me if I am correct. Please help me out!

Thank you,

Please click on the following link to see my work experience (Schedule 8 Economic Classes):

http://i48.tinypic.com/34hutj4.jpg

Could someone please reply? Thank you!

 

[salzafar]

Hi Nick,

I've heard of a similar case before, in my opinion this is a mistake on part of the Visa officer.You must write to Ottawa and point out this mistake.Previously, the person in a similar situation as you was then issued his medical.

What's really important here is the date your post graduate work permit was issued. In your case you mentioned March 11th, 2011. Your eligibility period for CEC starts the day of issuance of PGWP. Given that you applied on 21st March 2012, you meet the one year full time work eligibility (this is based on the fact that you worked full time at least from March 20th, 2011 to March 20, 2012 with no unpaid holidays).

As a side note: You have meet your graduation requirements the day your grades get official, which is way earlier than convocation, based upon these official grades you apply for PGWP not on basis of convocation.

 

[Red and Black]

Hi,
I started counting my working hours after June 2011 and I think it should be fine. I really appreciate if one of the seniors also take a look at my calculation and tell me if I am correct. Please help me out!
Thank you,
Please click on the following link to see my work experience (Schedule 8 Economic Classes):
http://i48.tinypic.com/34hutj4.jpg

I am slightly confused about the dates you used. I have noticed overlapping period i.e. Oct 2011 to Dec 2011. You have used these dates for another job as well. Basically you are saying that you worked (40+33) 73 hrs per week during these two months. As far as I understand, CEC will only allow you to claim 37.5 hrs per week, even if you worked 60/70/80 hrs per week. I will let some seniors here to further elaborate on this.

 

[Johnny31]

Could someone please reply? Thank you!

are these experiences from two different jobs? or same company but different positions?? like Red and Black has pointed out, from 10/2011-12/2011 , it seems like you were working two full-time jobs at once? your work experience letter should be very clear when it comes to explaining your situation to avoid confusing the Visa Officers when it comes to counting your work experiences in which could lead to refusal.

 

[sp4078]

Hi Nick,

I've heard of a similar case before, in my opinion this is a mistake on part of the Visa officer.You must write to Ottawa and point out this mistake.Previously, the person in a similar situation as you was then issued his medical.

What's really important here is the date your post graduate work permit was issued. In your case you mentioned March 11th, 2011. Your eligibility period for CEC starts the day of issuance of PGWP. Given that you applied on 21st March 2012, you meet the one year full time work eligibility (this is based on the fact that you worked full time at least from March 20th, 2011 to March 20, 2012 with no unpaid holidays).

As a side note: You have meet your graduation requirements the day your grades get official, which is way earlier than convocation, based upon these official grades you apply for PGWP not on basis of convocation.

Are you sure about this ? I was under this impression too until I hear about Nick's case and freaked out.

How do the officer know when the date become official ? I think I might include a letter like that in my profile (but I am sure).

 

[Johnny31]

What's really important here is the date your post graduate work permit was issued. In your case you mentioned March 11th, 2011. Your eligibility period for CEC starts the day of issuance of PGWP. Given that you applied on 21st March 2012, you meet the one year full time work eligibility (this is based on the fact that you worked full time at least from March 20th, 2011 to March 20, 2012 with no unpaid holidays).

As a side note: You have meet your graduation requirements the day your grades get official, which is way earlier than convocation, based upon these official grades you apply for PGWP not on basis of convocation.

Are you sure about this ? I was under this impression too until I hear about Nick's case and freaked out.

How do the officer know when the date become official ? I think I might include a letter like that in my profile (but I am sure).

I don't think this is true.

According to CIC OP 25 page 19 section 9.11:

http://www.cic.gc.ca/english/resources/manuals/op/op25-eng.pdf

"For the Post-Graduation Stream, the applicant must have obtained 12 months of full-time equivalent Canadian skilled-work experience within the 24 months preceding the date of application. This experience must be acquired after they have completed the required program of study and obtained a Canadian educational credential. "

PGWP Program and CEC Program are different programs. CEC clearly states your work experiences only count after graduation ( receiving the actual diploma), just because you finish all your courses and have all your credits to graduate, you still have to go through and finish the process, which is having the actual credential.

You can apply for a PGWP with a letter from your school saying you completed your degrees, but you need to have a diploma inorder for your experiences to start counting towards CEC.

 

[OHKIDDA]

I don't think this is true.

According to CIC OP 25 page 19 section 9.11:

http://www.cic.gc.ca/english/resources/manuals/op/op25-eng.pdf

"For the Post-Graduation Stream, the applicant must have obtained 12 months of full-time equivalent Canadian skilled-work experience within the 24 months preceding the date of application. This experience must be acquired after they have completed the required program of study and obtained a Canadian educational credential. "

PGWP Program and CEC Program are different programs. CEC clearly states your work experiences only count after graduation ( receiving the actual diploma), just because you finish all your courses and have all your credits to graduate, you still have to go through and finish the process, which is having the actual credential.

You can apply for a PGWP with a letter from your school saying you completed your degrees, but you need to have a diploma inorder for your experiences to start counting towards CEC.

All true. I applied for my PGWP (and got it) as soon as my marks were finalized and I was eligible to graduate. However, for CEC, you must have officially graduated. Remember, you can't graduate until you've paid all your fees and cleared your account. So, you aren't a graduate until you have a degree.

You can either interpret regulations, or you can apply them literally. To be safe, apply them literally to your case.

 

[sp4078]

All true. I applied for my PGWP (and got it) as soon as my marks were finalized and I was eligible to graduate. However, for CEC, you must have officially graduated. Remember, you can't graduate until you've paid all your fees and cleared your account. So, you aren't a graduate until you have a degree.

You can either interpret regulations, or you can apply them literally. To be safe, apply them literally to your case.

This sucks. It's purely technicality (I never had outstanding account anyway) and now I have to pay the price for a mere 16 days short.

 

[Johnny31]

This sucks. It's purely technicality (I never had outstanding account anyway) and now I have to pay the price for a mere 16 days short.

I don't know, nothing is really based on technicalities because it's written in the CIC manual exactly what they are looking for. They clearly stated that the experiences count after you obtain your diploma (Canadian educational credential).

At my University, I could get a letter of degree completion and use it to apply for a PGWP. But if i wanted to "Graduate", I needed to apply for it while I was still in school so they can verify that I'm eligible to graduate and what types of diploma I would receive.

 

[Senior]

hmm I think i will run into this problem

I graduated in December 2010, started working full time in March 2011 and the degree was awarded on June 17, 2011. I understand this is a requirement but it is unfair to students graduating in Fall (December) because convocation is not held until June next year, so the experience i gain in between is useless? (doesn't count towards CEC experience)?

Whereas, a student who graduates in Summer gets his/her degree in October...and i am pretty sure that is the trend across all Canadian universities i.e. convocations take place in June and October (+/- one or two months)

anyway, if i send my updated employment letter to Ottawa via mail, would that be ok? please advice

thanks!

 

[Johnny31]

hmm I think i will run into this problem

I graduated in December 2010, started working full time in March 2011 and the degree was awarded on June 17, 2011. I understand this is a requirement but it is unfair to students graduating in Fall (December) because convocation is not held until June next year, so the experience i gain in between is useless? (doesn't count towards CEC experience)?

Whereas, a student who graduates in Summer gets his/her degree in October...and i am pretty sure that is the trend across all Canadian universities i.e. convocations take place in June and October (+/- one or two months)

anyway, if i send my updated employment letter to Ottawa via mail, would that be ok? please advice

thanks!

Yeah, i think that's the best option for you right now! Get an updated employment letter and express mail it to CPP-O. You can also include a cover letter (with your UCI and AOR) asking them to please use the new letter instead of the other one. Hope it works out!

 

[seton]

Hi Nick,

I've heard of a similar case before, in my opinion this is a mistake on part of the Visa officer.You must write to Ottawa and point out this mistake.Previously, the person in a similar situation as you was then issued his medical.

What's really important here is the date your post graduate work permit was issued. In your case you mentioned March 11th, 2011. Your eligibility period for CEC starts the day of issuance of PGWP. Given that you applied on 21st March 2012, you meet the one year full time work eligibility (this is based on the fact that you worked full time at least from March 20th, 2011 to March 20, 2012 with no unpaid holidays).

As a side note: You have meet your graduation requirements the day your grades get official, which is way earlier than convocation, based upon these official grades you apply for PGWP not on basis of convocation.

There's only 1 thing that matters, it's the actually act. To make pronouncements otherwise is very misleading to folks reading this site.

Here are the regulation regarding the CEC class (http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-36.html#h-44):

(a) they

(i) have acquired in Canada within the 24 months before the day on which their application for permanent residence is made at least 12 months of full-time work experience, or the equivalent in part-time work experience, in one or more occupations that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix, and have acquired that work experience after having obtained

(A) a diploma, degree or trade or apprenticeship credential issued on the completion of a program of full-time study or training of at least two years' duration at a public, provincially recognized post-secondary educational or training institution in Canada,

(B) a diploma or trade or apprenticeship credential issued on the completion of a program of full-time study or training of at least two years' duration at a private, Quebec post-secondary institution that operates under the same rules and regulations as public Quebec post-secondary institutions and that receives at least 50 per cent of its financing for its overall operations from government grants, subsidies or other assistance,

(C) a degree from a private, provincially recognized post-secondary educational institution in Canada issued on the completion of a program of full-time study of at least two years' duration, or

(D) a graduate degree from a provincially recognized post-secondary educational institution in Canada issued on the completion of a program of full-time study of at least one year's duration and within two years after obtaining a degree or diploma from an institution referred to in clause (A) or (C), or

(ii) have acquired in Canada within the 36 months before the day on which their application for permanent residence is made at least 24 months of full-time work experience, or the equivalent in part-time work experience, in one or more occupations that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix;

Please note the words used... issued or obtaining a degree. If you read your school's website, you do not get issued or obtain a degree until convocation. It's a common law practice, where you only graduate at your graduation.

Unfortunately the CIC is only interpreting the Act as it is written. It does not say "met the requirements to graduate".

 

[kamaleddin]

No , I applied in August and got my AOR in septmeber. My ecase says my application processing. I really don't understand why they rejected nick22 application. I was told that my work experience counts since the moment I get my work permit which was in February 2011. This is so unfair.

No , I applied in August and got my AOR in septmeber. My ecase says my application processing. I really don't understand why they rejected nick22 application. I was told that my work experience counts since the moment I get my work permit which was in February 2011. This is so unfair.

I had an appointment with one of Toronto's finest lawyers and the bottomline of that 20 minute appointment which cost me $220 was to always explain a confusion or provide an update. If you have the same situation count your months after graduation again and if you meet the 12 month re send a reference letter from your current employer with updated dates. if you don't meet the 12 months yet, send a letter and explain why you thought you are eligible and re assure that you will be sending another letter of reference on the Xth day of this Xth month when you have the 12 months completed. You might still get rejected, but you have at least mitigated the risk as much as you could have.

 

[Senior]

Yeah, i think that's the best option for you right now! Get an updated employment letter and express mail it to CPP-O. You can also include a cover letter (with your UCI and AOR) asking them to please use the new letter instead of the other one. Hope it works out!

Thanks Johnny31!

I sent my updated employment letter yesterday via both mail and email. I know they get upset when you send same info from two different sources, but I had no other option

I would have never known about this had I not visited this post....thanks everyone!

 

[Johnny31]

Thanks Johnny31!

I sent my updated employment letter yesterday via both mail and email. I know they get upset when you send same info from two different sources, but I had no other option

I would have never known about this had I not visited this post....thanks everyone!

No Problem! I'm going to guess that your current status on ECAS stays "Application Received" ? For most people, it makes them feel nervous or anxious because they wonder how long the status will be updated to "In Process". But in your case, since it still says "Application Received", chances are they still haven't looked into your applications yet, so I think it should be no problem to add additional information to your file since they haven't even started processing it. Good Luck to you!