CEC Refused-Application toextend status as a visitor Uncertain-days i have left?

[ssparkles]

Hi Everyone,
I hope someone who has a better idea on this or has been through this can give me some advice. I’m in such a mess and not sure what to do.
I’ll try to keep this as simple as possible.
About me:
Been in Canada since 2004. Came for undergraduate studies and worked full time after under a postgraduate work permit. Indian passport.
Status of applications made :
1. Permanent Residency under Canadian Experience Class.
• Applied on October 2011, Refused May 4th 2012.
• Due to incorrect NOC codes. I realized this while speaking to a lawyer early in April and immediately sent a corrected Schedule 8 and a letter explaining it to Sydney NS. Later I emailed the Ottawa office when I learnt my application was transferred there. Obviously they did not get this. Upon receiving the refusal I once again emailed the Ottawa office explaining the corrected Schedule 8 I sent.
2. Applied to extend my status as a visitor to Vegreville AB on April 10th. I haven’t received a reply yet.
3. My post graduate work permit expired on May 4th 2012
Questions:
1. Can I stay here under implied status until I receive the reply for extended status as a visitor? How long after the result will I have to leave in? I’ve been unable to find the number of days they give you to leave the country. Is it immediate? 30 days? 90 days?
2. What are my options as to appealing to consider my corrected schedule 8? Do I have to reapply entirely? Can I stay here while this is being processed?
3. I had applied for jobs earlier for whi
4. Should I hire a lawyer? Is it the best route?
I’ve been here for more than 8 years and going back to India is not something i can do What is the best way to stay here while I try to solve this problem?
Any help you can provide would be appreciated. I have to take steps immediately to try to fix this situation. I look forward to hearing from anybody who has any idea on what I should do to stay.
Thanks in advace!!

 

[kamaleddin]

May I ask what was the problem with your NOC code? Did your duties match a NON-skilled NOC? I have recently consulted jacqueline bart, a very famous lawyer in toronto, and she told me that if your job description matches another skilled NOC code which you haven't mentioned properly in your application, you won't get refused. Please let me know what is your case.

 

[ssparkles]

Hi Kamaleddin,

I put my NOC codes as:
1431-Accounting Assistant (28th june 2010-current)
1411-Administrative Assistant (28 jan 2010 - 8th June 2010)

This is what I wrote in the letter to Immigration and the corrected NOC codes i put:

'The description of an Accounting Technician, NOC 1311, encompasses my current job’s duties and responsibilities. The description of the position I submitted, Accounting Assistant NOC 1431, is insufficient from my current role.

Also the NOC for an Accounting Assistant is 1241 whereas I submitted 1411 in error which is actually for an Administrative Clerk.'

I can't understand how I didn't realize this earlier but what's done is done. I just threw my future out of the window coz I didn't research it enough.

Do you think it'll be quicker/easier to appeal or re-apply? Thanks for any help!!

 

[kamaleddin]

If I were in your shoes, I would immediately consult a lawyer and I would not take any chances with my future in Canada.

I have seen people advising other members to re apply and not to appeal. Since appealing takes for ever and few cases win.

If the same situation happens to my application, which I have filled it out myself, I would certainly get a lawyer to discuss my options. The lawyer whom I mentioned in my previous post told me that she charges $3750 for a CEC application and considering her reputation it seems like a reasonable fee to guarantee your application and future. At least I would pay that.

My stupid NOC question from the lawyer cost me $226 but at least I can sleep without any nightmares.

Consult a lawyer bud. Don't leave any loose ends for the second time.

 

[ssparkles]

I Just called Jacqueline and she's not available for a whole week! I have to find someone asap. Does anyone know any lawyers I can consult with that don't cost too much?

I don't have a job right now and have to be extra careful. Please let me know if anyone has had a lawyer who is good and is reasonably priced.

Kamealeddin, Thanks for your response. I agree I need a lawyer asap. I've been calling since I woke up. they all seem to charge 200 for a consultation but are not available till the end of the week or next. Oh well I'll take whatever appointment I can get but I'll continue calling until i find something sooner.

Thanks!!!!

 

[ssparkles]

I just met with a lawyer. He basically said that because i put level C NOC codes in my initial application it'll be very difficult to convince the immigration lawyer tha suddenly they've changed to B.

He said in my application I should have provided them with a complete reference letter from my employer not only stating that I work and my position but to give a complete description as to what my job description is. This description should match 80% to the NOC codes I'm applying under. The job title doesn't matter as much as the description itself.

I could re-apply but it would be better to get a higher skilled job and then apply after gaining 1 year experience.

This is a problem because even if I get a new job, How can I tell an employer that at the best my LMO will take 10 days and then my work permit might take another month. Employers just want you to start right away. I have a job interview on May 10th but I'm thinking how do I pu this forward even if i do get the job. Has anyone had any experience with this?

As for my application to have my status as a visitor extended I will just have to wait and see. If it gets accepted it'll be good for the moment but if it gets rejected I either aply to renew my status (study or work) or I leave.

For me i think the best thing to do is study but that requires a lot of $$$ considering I'm not a resident. If I work how on earth am I going to get an LMO..

If anyone has had any experience with something like this or any part of this please reply and share some information. Thanks!! :'(

 

[SenoritaBella]

It's true there may be some question over the fact that your job has now become skilled but if your employer can provide a detailed letter and is able to confirm the information when they call, it may work. But you won't know unless you try.

If I were in your shoes, I will get detailed employment letters stating my main duties & responsibilities, email the visa officer with an explanation of the error made with NOC codes and ask if they would please consider re-opening your case. Get a lawyer to help you write the email and see if that works. If they agree to re-open fine, if not, then you continue exploring other options.

If you applied for visitor status before your work permit expired, you will have implied status until a decision is made. However, you can not continue working after May 4th since are changing conditions(from worker to visitor). Had it been you were applying for an extension of your work permit for the same exployer, then you could continue working under those same conditions.

It's a stressful time but a positive attitude in the face of adversity is very helpful. Prepare for your interview and go in with confidence. If they ask during the interview whether you can work legally, be honest about the work permit requirement. If they don't ask, you can decide to wait until they offer you the job before disclosing it.