Refusal -- Please help :(

[gimmeThatPR]

Hi I got an email from CIC yesterday. and they gave a very lame excuse and now i am so frustrated i am not sure what to do.
Should I challenge the decision in the court(as one of the lawyers suggsted ) OR should I reapply with more explanation. Following is the letter i received


I have now completed the assessment of your application for a permanent resident visa as a member of the Canadian Experience Class and have determined that you do not meet the requirements for immigration to Canada.

According to the Immigration and Refugee Protection Regulations, applicants in the Canadian Experience Class are assessed on the basis of the pass/fail requirements set out in subsection R87.1(2). The assessment of these criteria determines whether you will be able to become economically established in Canada. All applicants must have:

- Maintained temporary resident status during their qualifying period of work experience, and provide documentation to establish they had legal temporary status in Canada,
- Acquired at least 12 months of full-time (or the equivalent in part-time) skilled work experience in Canada in occupations that fall under Skill Type O, or Skill Level A or B of the National Occupational Classification (NOC),
- Obtained the required work experience within the 36 months preceding the date their application is received,
- The required level of English or French language proficiency (speaking, reading, listening, and writing) for their occupational skill level,
- Not engaged in work in Canada without authorization
- Not remained in Canada after the time authorized to do so has expired, and
- Not been found inadmissible to Canada on grounds such as health or security

Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada: 2174 (Software Developer)

I am not satisfied that you meet the requirement(s) because You have not provided sufficient evidence of at least 12 months of work experience in Canada in occupation(s) at Skill Type O, or Skill Level A or B of the National Occupational Classification (NOC) within the 36 months preceding the date of your application. Your work experience with XXXXXX Inc from May 2011 to July 2011 and with XXXXXXX from 03 Oct 2011 to 17 July 2012 as a Software Programmer/Developer is for a period less than 12 months.
I am not satisfied that you meet the requirement(s) because your period of employment (from 15 Aug 2012 to present with XXXXXXXX) was during the period of time you were engaged in full-time study under a student permit(BUT I WAS NOT A STUDENT . MY WORK PERMIT ENDED ON SEPTEMBER 27,2012 THOUGH I HAD A STUDENT PERMIT BUT I NEVER WENT TO SCHOOL AND I ALSO APPLIED FOR OWP RENEWAL WITH MY SPOUSAL SPONSORSHIP WHICH FURTHER PUTS ME ON IMPLIED STATUS AND I AM WORKING FULLTIME FROM SEPTEMBER LAST YEAR). Any period of employment during which the applicant was engaged in full-time study will not be included in calculating the period of qualifying work experience (e.g. work experience gained through co-op work permits, off-campus work permits while a full-time student and on-campus work permits). [R87.1(3)(a)].(HOW CAN I BE WORING FULL TIME AS WELL AS STUDYING FULL TIME.THEY DIDNOT EVEN BOTHER TO ASK FOR AN EXPLANATION)
Please note: Any employment listed on Schedule 8 of your application that was not supported by employment documentation indicating the main duties of your work experience could not be assessed.

Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the Regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act (including requirements of the Regulations made under the Act).

Following an examination of your application, I am not satisfied that you meet the requirements of the Act and Regulations for the reasons explained above. I am therefore refusing your application.

Thank you for your interest in Canada.

( Please suggest. I am preparing my application again with more explanation. And will send it out next.

 

[PR2014]

When did you apply?

 

[ondine]

Sorry to hear about your rejection, gimmeThatPR. I understand your frustration, but I think you'll have to reapply. This time, you should include some documentation (perhaps a cover letter) explaining that although you had a study permit, you were not actually making use of it. I wonder what would be considered "official" evidence in this case, since this refers to something (studying) that you're not doing... Consulting a lawyer might be a good idea.

In any case, you can try sending a polite email to CIC explaining that you were not studying full-time during the period that you had the study permit.

 

[nicole1006]

Hi I got an email from CIC yesterday. and they gave a very lame excuse and now i am so frustrated i am not sure what to do.
Should I challenge the decision in the court(as one of the lawyers suggsted ) OR should I reapply with more explanation. Following is the letter i received


I have now completed the assessment of your application for a permanent resident visa as a member of the Canadian Experience Class and have determined that you do not meet the requirements for immigration to Canada.

According to the Immigration and Refugee Protection Regulations, applicants in the Canadian Experience Class are assessed on the basis of the pass/fail requirements set out in subsection R87.1(2). The assessment of these criteria determines whether you will be able to become economically established in Canada. All applicants must have:

- Maintained temporary resident status during their qualifying period of work experience, and provide documentation to establish they had legal temporary status in Canada,
- Acquired at least 12 months of full-time (or the equivalent in part-time) skilled work experience in Canada in occupations that fall under Skill Type O, or Skill Level A or B of the National Occupational Classification (NOC),
- Obtained the required work experience within the 36 months preceding the date their application is received,
- The required level of English or French language proficiency (speaking, reading, listening, and writing) for their occupational skill level,
- Not engaged in work in Canada without authorization
- Not remained in Canada after the time authorized to do so has expired, and
- Not been found inadmissible to Canada on grounds such as health or security

Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada: 2174 (Software Developer)

I am not satisfied that you meet the requirement(s) because You have not provided sufficient evidence of at least 12 months of work experience in Canada in occupation(s) at Skill Type O, or Skill Level A or B of the National Occupational Classification (NOC) within the 36 months preceding the date of your application. Your work experience with XXXXXX Inc from May 2011 to July 2011 and with XXXXXXX from 03 Oct 2011 to 17 July 2012 as a Software Programmer/Developer is for a period less than 12 months.
I am not satisfied that you meet the requirement(s) because your period of employment (from 15 Aug 2012 to present with XXXXXXXX) was during the period of time you were engaged in full-time study under a student permit(BUT I WAS NOT A STUDENT . MY WORK PERMIT ENDED ON SEPTEMBER 27,2012 THOUGH I HAD A STUDENT PERMIT BUT I NEVER WENT TO SCHOOL AND I ALSO APPLIED FOR OWP RENEWAL WITH MY SPOUSAL SPONSORSHIP WHICH FURTHER PUTS ME ON IMPLIED STATUS AND I AM WORKING FULLTIME FROM SEPTEMBER LAST YEAR). Any period of employment during which the applicant was engaged in full-time study will not be included in calculating the period of qualifying work experience (e.g. work experience gained through co-op work permits, off-campus work permits while a full-time student and on-campus work permits). [R87.1(3)(a)].(HOW CAN I BE WORING FULL TIME AS WELL AS STUDYING FULL TIME.THEY DIDNOT EVEN BOTHER TO ASK FOR AN EXPLANATION)
Please note: Any employment listed on Schedule 8 of your application that was not supported by employment documentation indicating the main duties of your work experience could not be assessed.

Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the Regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act (including requirements of the Regulations made under the Act).

Following an examination of your application, I am not satisfied that you meet the requirements of the Act and Regulations for the reasons explained above. I am therefore refusing your application.

Thank you for your interest in Canada.

( Please suggest. I am preparing my application again with more explanation. And will send it out next.

hey, sorry to hear about your news....
but i am very comfused with your working experience....seem like you have 3 jobs?? but why do you have valid study permit after you have already worked for a year??

 

[gimmeThatPR]

applied on April 19...

yes i was working full time 40hrs/week

I applied for student permit because i was planning to take on masters but then i dropped the idea.

And I applied for a work permit with a inland spousal sponsorship before the expiry of my work permit.

 

[nicole1006]

applied on April 19...

yes i was working full time 40hrs/week

I applied for student permit because i was planning to take on masters but then i dropped the idea.

And I applied for a work permit with a inland spousal sponsorship before the expiry of my work permit.

did you apply in April this year or last year?

 

[random123]

awwww @gimmiethatPR. so sorry to hear. Had your work permit been renewed (when you applied under spousal sponsorship)?

did you apply in April this year or last year?

 

[whymeee]

Sorry to hear about your rejection. When did you get your study permit? How was your reference letter?

 

[CEC13082012]

Sorry to hear that, I would say reapply

 

[noc4012]

If you check CIC's website regarding student permits, once you are no longer planning to be a student, you must return the permit to CIC. You can't just keep holding onto it to stay in Canada but not actually use it. If you try to explain that you simply got the permit but changed your mind and didn't bother to return the study permit, this could be a bigger problem. Please see a lawyer.

 

[deeann]

just let your spouse apply for you. That will be much easier.

 

[ondine]

If you check CIC's website regarding student permits, once you are no longer planning to be a student, you must return the permit to CIC. You can't just keep holding onto it to stay in Canada but not actually use it. If you try to explain that you simply got the permit but changed your mind and didn't bother to return the study permit, this could be a bigger problem. Please see a lawyer.

Hi noc4012,

I know this is true if you have an off-campus work permit but are no longer studying, but I couldn't find anything in particular on the study permit per se. Could you direct me to where exactly you saw this info on the CIC website?

 

[Capricorn2012]

Hi I got an email from CIC yesterday. and they gave a very lame excuse and now i am so frustrated i am not sure what to do.
Should I challenge the decision in the court(as one of the lawyers suggsted ) OR should I reapply with more explanation. Following is the letter i received


I have now completed the assessment of your application for a permanent resident visa as a member of the Canadian Experience Class and have determined that you do not meet the requirements for immigration to Canada.

According to the Immigration and Refugee Protection Regulations, applicants in the Canadian Experience Class are assessed on the basis of the pass/fail requirements set out in subsection R87.1(2). The assessment of these criteria determines whether you will be able to become economically established in Canada. All applicants must have:

- Maintained temporary resident status during their qualifying period of work experience, and provide documentation to establish they had legal temporary status in Canada,
- Acquired at least 12 months of full-time (or the equivalent in part-time) skilled work experience in Canada in occupations that fall under Skill Type O, or Skill Level A or B of the National Occupational Classification (NOC),
- Obtained the required work experience within the 36 months preceding the date their application is received,
- The required level of English or French language proficiency (speaking, reading, listening, and writing) for their occupational skill level,
- Not engaged in work in Canada without authorization
- Not remained in Canada after the time authorized to do so has expired, and
- Not been found inadmissible to Canada on grounds such as health or security

Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada: 2174 (Software Developer)

I am not satisfied that you meet the requirement(s) because You have not provided sufficient evidence of at least 12 months of work experience in Canada in occupation(s) at Skill Type O, or Skill Level A or B of the National Occupational Classification (NOC) within the 36 months preceding the date of your application. Your work experience with XXXXXX Inc from May 2011 to July 2011 and with XXXXXXX from 03 Oct 2011 to 17 July 2012 as a Software Programmer/Developer is for a period less than 12 months.
I am not satisfied that you meet the requirement(s) because your period of employment (from 15 Aug 2012 to present with XXXXXXXX) was during the period of time you were engaged in full-time study under a student permit(BUT I WAS NOT A STUDENT . MY WORK PERMIT ENDED ON SEPTEMBER 27,2012 THOUGH I HAD A STUDENT PERMIT BUT I NEVER WENT TO SCHOOL AND I ALSO APPLIED FOR OWP RENEWAL WITH MY SPOUSAL SPONSORSHIP WHICH FURTHER PUTS ME ON IMPLIED STATUS AND I AM WORKING FULLTIME FROM SEPTEMBER LAST YEAR). Any period of employment during which the applicant was engaged in full-time study will not be included in calculating the period of qualifying work experience (e.g. work experience gained through co-op work permits, off-campus work permits while a full-time student and on-campus work permits). [R87.1(3)(a)].(HOW CAN I BE WORING FULL TIME AS WELL AS STUDYING FULL TIME.THEY DIDNOT EVEN BOTHER TO ASK FOR AN EXPLANATION)
Please note: Any employment listed on Schedule 8 of your application that was not supported by employment documentation indicating the main duties of your work experience could not be assessed.

Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the Regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act (including requirements of the Regulations made under the Act).

Following an examination of your application, I am not satisfied that you meet the requirements of the Act and Regulations for the reasons explained above. I am therefore refusing your application.

Thank you for your interest in Canada.

( Please suggest. I am preparing my application again with more explanation. And will send it out next.

Tough luck my friend
It's so sad that VO won't even give a chance to explain whether you were actually studying or working full time when u were on study permit
One of my friends was August applicant and VO was kind enough to send her an email asking explanation on whether or not she was studying full time when she was on implied status for her work permit extension and she sent the proofs
But I think you should re apply or you might want to consider judicial review

 

[JasleenK]

Sorry to hear about the rejection. Can you share the information if your e-cas changed into In-Process and from which office the e-mail came. Nova Scotia or Ottawa?

 

[jes_ON]

I am not satisfied that you meet the requirement(s) because your period of employment (from 15 Aug 2012 to present with XXXXXXXX) was during the period of time you were engaged in full-time study under a student permit(BUT I WAS NOT A STUDENT . MY WORK PERMIT ENDED ON SEPTEMBER 27,2012 THOUGH I HAD A STUDENT PERMIT BUT I NEVER WENT TO SCHOOL AND I ALSO APPLIED FOR OWP RENEWAL WITH MY SPOUSAL SPONSORSHIP WHICH FURTHER PUTS ME ON IMPLIED STATUS AND I AM WORKING FULLTIME FROM SEPTEMBER LAST YEAR). Any period of employment during which the applicant was engaged in full-time study will not be included in calculating the period of qualifying work experience (e.g. work experience gained through co-op work permits, off-campus work permits while a full-time student and on-campus work permits). [R87.1(3)(a)].(HOW CAN I BE WORING FULL TIME AS WELL AS STUDYING FULL TIME.THEY DIDNOT EVEN BOTHER TO ASK FOR AN EXPLANATION)

( Please suggest. I am preparing my application again with more explanation. And will send it out next.

An alternative to judicial review is to simply contact the VO, indicate that an error has been made in the evaluation, and request that your application be reconsidered. Sometimes it is possible to get your file re-opened (you have to act fast), but only if the VO made an error based on the information you provided.

You (or your lawyer) could request reconsideration on the basis that some of your work experience was erroneously excluded. The VO erroneously determined that you were a full-time student, but in fact you were not enrolled in any program of study, and your work was authorized under an open work permit ***

(*** The caveat being, I don't know whether the issuance of your study permit could have cancelled your OWP, whether there is a right way and a wrong way to maintain both at the same time, etc, hopefully your lawyer got that part right.)

Also be sure that there was nothing else in your application that could have given the VO the idea that you were in fact enrolled as a student during that time period (e.g. in your background declaration).

Of course I can't guarantee that it will work, but others have succeeded (in the past) in getting their files re-opened when a VO made similar error... and this would be a lot faster than judicial review or re-applying...