CEC Application submitted end 2012 - assessed against old/new CEC requirements??

[jsm0085]

now i am still working with the same employer and i have more than two years experience right now i waited till the new rules to come as i was in 23 months of experience that time now i have 2.5 years. since cic receive it on 7 jan.2013.how it should go on 2 year stream

I'm not trying to scare or upset you - but I think it's best that you know what you are likely dealing with.

CEC is a strict pass or fail system... You either meet the criteria or you don't. Even if you have now worked the required hours, they won't take it into account passed the date on your application.

If you have less than what is required and your app was signed in 2012, you will be assessed on the old rules.

You can hold off until they start to process the dec applications (1-3 months) but personally i'd rather someone told me now so I could start getting new papers etc together.

If they refuse your application, which they likely will, you wont receive ANY of the paperwork you sent back.

Good luck either way.

 

[InfoSeeker12]

I have a question that i had signed the application on 31 December 2012 . and cic received on 7 jan 2013. my application will be consider on old stream of 2 years experience or 2013 new streem that 1 year work experience

MIA - have you called the CIC and asked what criteria will be applied to evaluate your application - 2012 CEC rules or 2013.

 

[MIA2010]

MIA - have you called the CIC and asked what criteria will be applied to evaluate your application - 2012 CEC rules or 2013.

No. i think i should

 

[InfoSeeker12]

Hi all,

Quick question i hope someone can answer and help put my mind at ease.

I applied for CEC residency end of 2012 and my application status is showing as application received since November. I received an email at the end of January stating my application was ready to proceed to the visa processing office. Since that email i have not yet had any further contact. I understand the next stage is to be called for my medical.

My concern here is - i was required at the time to show 2 years of work as opposed to the new requirement of just 12 months. I showed evidence of these 2 years however just recently as i was helping a friend with her application, i noticed i had actually used a group C code for one of my temping jobs i was in before for a couple of weeks. Without this particular job my overall calculated work time is about 23 and half months and not 24 full months.

My question is - as i have not heard yet, is it likely my application could be assessed against the new requirements of just 12 months work as they most likely know if i get rejected i will just need to put the exact same application back in the post and get accepted the 2nd time? Should i be emailing them and trying to rectify the situation and if so what action would i need to take?

Thanks!!

Hi Clodaoc,

Your application was received by CIC in November 2012, right?

If i got that correct, there is no chance that CIC would evaluate it under the 2013 rules that came into effect on 1st January or 3rd...(not sure on that one )

And if that is the case - then the 24 months criteria will be applied (unless that officer really wants to bend the rules...but the way i'm seeing refusals here, that's not likely). The tricky thing about 24 months is - they dont actually count 24 months - but they count 37.5 hours X working days in those 24 months. They get those hours from your pay stubs (if im not wrong). There is a thread on this CEC forum where a guy got rejected, you may want to search that using hours as key word in search bar. Calculate your hours too.

I know that is ridiculously going into details, but i'm sure you must be reading the reasons for refusals on this forum in the past 2-3 days. You be the judge.

If i were you, i'd first call CIC to know if there is any leniency on 15 days, just to be sure.

If you still want to consult someone, consult a lawyer (not an immigration consultant). Chances are you will get the same reply. But of course its your discretion.


Again, as the seniors suggest - Better safe than sorry - If i were you I'd apply under the new rules asap.

All the best.

 

[ondine]

No. i think i should

Hi MIA2010,

Since your application was received after Jan 2, 2013, your application will be assessed under the new rules. The date you signed the documents is immaterial.

The OP25A states the following:

"This chapter describes the processing of applications for permanent residence submitted
by applicants in the Canadian Experience Class (CEC) and received by the Centralized
Intake Office (CIO) on or after January 2, 2013." (p. 2, link here: http://www.cic.gc.ca/english/resources/manuals/op/op25a-eng.pdf)

 

[ondine]

Because you used the old paperwork and signed it in 2012. You are clutching at straws hoping they will assess on the 2013 rules.

This is not correct, jsm0085. What matters is the date the application was received. All applications received on Jan 2, 2013 or after are assessed according to the new rules.

 

[yahoo7]

No I mean the two year basis. That's the problem.

jsm0085, I beg to differ here. The application signed date does not matter but the application received date is what matters for CIC. If the application of the candidate is received on or after Jan 2, 2013, then it will be assessed under the new rules i.e 1 year of CEC experience.

 

[InfoSeeker12]

Ondine and Yahoo7....+1 for you guys.

MIA - you dont need to contact CIC anymore.

 

[MIA2010]

jsm0085, I beg to differ here. The application signed date does not matter but the application received date is what matters for CIC. If the application of the candidate is received on or after Jan 2, 2013, then it will be assessed under the new rules i.e 1 year of CEC experience.

I hope you are right because if i sign the form on would say September 1st and send them on next month still cic will consider the receive date !!or signed date ??!!

 

[yahoo7]

I hope you are right because if i sign the form on would say September 1st and send them on next month still cic will consider the receive date !!or signed date ??!!

Application received date is what is considered and not the application signed date. But it is preferred that your sign date is not too far in the past as compared to your application posting date.

 

[honeysingh]

Hi MIA2010,

Since your application was received after Jan 2, 2013, your application will be assessed under the new rules. The date you signed the documents is immaterial.

The OP25A states the following:

"This chapter describes the processing of applications for permanent residence submitted
by applicants in the Canadian Experience Class (CEC) and received by the Centralized
Intake Office (CIO) on or after January 2, 2013." (p. 2, link here: http://www.cic.gc.ca/english/resources/manuals/op/op25a-eng.pdf)

+1 ....Awesome..... I guess you saved someone from heartattack

 

[jsm0085]

No. i think i should

Sorry for providing the wrong information Mia - my mistake.

 

[clodaoc]

Hi Infoseeker 12,

Thanks for adding your piece! Yes my application status reads "Application Received" and the date is Nov 26. I showed evidence of 102 weeks of full time work (37.5 hour weeks) under code 1221 and then 7 additional 37.5 hour week of temp work but stupidly i used group C codes for these. (I have no idea how i let that happen - the NOC list seemed pretty straight forward...) Anyway, i emailed an immigration consultant i had previously met with and asked the same questions just to get another perspective and he came back saying "It may depend on the officer's discretion but the rule clearly states 24 months and not 23.5" which is fair enough.

I went back with another question, asking if he had heard of anyone having 2 applications in the process at the same time and he said as far as he knew it wasn't allowed? Paying $550 for another application containing the exact same information seems ridiculous but if thats what i need to do because of my stupid mistake then so be it. But as far as you know, do i need to sit and waste more time until i am inevitably rejected or can i get the paperwork in the post now?

Thanks again!

 

[JORGER]

On page 3 of the application guide IMM 5609 you can read the following
"Staying informed

Selection criteria, requirements and other information for applicants can sometimes change. Please note that:

Applications will be processed according to the rules and regulations in effect at the time they are assessed. Rules and regulations may change at any time; changes may be applied to applications which have already been received.
Our website contains the latest news, selection criteria updates and application links. Check periodically for updated information and make sure you are aware of the requirements before submitting your application."
So it means that if your application is going to be ASSESSED after the rule applied you need just one year

 

[InfoSeeker12]

On page 3 of the application guide IMM 5609 you can read the following
"Staying informed

Selection criteria, requirements and other information for applicants can sometimes change. Please note that:

Applications will be processed according to the rules and regulations in effect at the time they are assessed. Rules and regulations may change at any time; changes may be applied to applications which have already been received.
Our website contains the latest news, selection criteria updates and application links. Check periodically for updated information and make sure you are aware of the requirements before submitting your application."
So it means that if your application is going to be ASSESSED after the rule applied you need just one year

JORGER - Please dont get offended but the part you have copied here may confuse many applicants. Thanks to Ondine who copied the following statement from OP:25a

The OP25A states the following:

"This chapter describes the processing of applications for permanent residence submitted
by applicants in the Canadian Experience Class (CEC) and received by the Centralized
Intake Office (CIO) on or after January 2, 2013." (p. 2, link here: http://www.cic.gc.ca/english/resources/manuals/op/op25a-eng.pdf)

So any new rules discussed in this manual for CEC is applicable on applications RECEIVED by CIC ON or AFTER 2nd January 2013.

Of course if you still think its not clear or you want to be absolutely sure, please do so - Call Cic call center, or check with a lawyer. Honestly speaking, every time a member comes here and tells that after 8-9 months now their application is refused - its just literally nerve wracking. For some of us, its cool - we are in job, we have got WPs, we have got BOWPs..and every thing is cool. For some of us, you can't imagine how their life would be stuck in a limbo. They can't work. They can't go back. I'm not here to point score or start arguments, but please - before we suggest or give our opinion to some one, let's be sure that we are putting a correct info out there. If somebody got misguided by me, i seriously apologize and pls point that out to me and i will delete that info so that no one gets misguided.

Cheers.