Refusal -- Please help :(

[noc4012]

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?

It is not stated on the website explicitly. However, on the conditions list, it states that if you have a study permit, your main purpose to be in Canada is to study. If you do not satisfy this condition, it can be considered as "not abiding by conditions of IRPA" regulations. Also if you call the center, they will not be amused to know one obtained a study permit and then decided not to study. When my cousin applied for a work permit, he was not given one because CIC gave him a study permit just a few months prior and asked him about it. He said he never studied. They considered that as misuse of study permit (only to lengthen the time you can stay in Canada while looking for work).

Also, if you work on-campus by using a study permit you do not intend to use for studies, that can count against you.

 

[ondine]

It is not stated on the website explicitly. However, on the conditions list, it states that if you have a study permit, your main purpose to be in Canada is to study. If you do not satisfy this condition, it can be considered as "not abiding by conditions of IRPA" regulations. Also if you call the center, they will not be amused to know one obtained a study permit and then decided not to study. When my cousin applied for a work permit, he was not given one because CIC gave him a study permit just a few months prior and asked him about it. He said he never studied. They considered that as misuse of study permit (only to lengthen the time you can stay in Canada while looking for work).

Also, if you work on-campus by using a study permit you do not intend to use for studies, that can count against you.

Thanks for the explanation, noc4012. I see how in those cases keeping the study permit would be a problem. I think this shouldn't be a big issue for the OP, however, given that he had a work permit before having the study permit, and thus was not using the study permit to overextend his stay here in Canada.

In a way, I'm in a similar situation. Besides having a closed work permit, I got a new study permit in July 2012 to pursue my PhD. In December, very dissatisfied with the quality of the PhD, I dropped out and returned to full-time work. I still have the study permit, since I saw no instructions on the CIC website of what I should do with it. I called CIC today, and, after making sure that I had a valid work permit, the CIC call-centre agent said that it wasn't a problem for me to keep the study permit. In any case, the agent said that if I really wanted to, I could return the study permit with a cover letter explaining why I did so.

In any case, I think the OP might have a shot in getting his case reopened if he can convince the VO that he was not studying at the time - and, as jes_ON pointed out, the work experience was incorrectly excluded. Unfortunately, it is much more likely that he'll have to reapply (and this time include a cover letter saying that he was not studying during that period).

 

[noc4012]

Thanks for the explanation, noc4012. I see how in those cases keeping the study permit would be a problem. I think this shouldn't be a big issue for the OP, however, given that he had a work permit before having the study permit, and thus was not using the study permit to overextend his stay here in Canada.

In a way, I'm in a similar situation. Besides having a closed work permit, I got a new study permit in July 2012 to pursue my PhD. In December, very dissatisfied with the quality of the PhD, I dropped out and returned to full-time work. I still have the study permit, since I saw no instructions on the CIC website of what I should do with it. I called CIC today, and, after making sure that I had a valid work permit, the CIC call-centre agent said that it wasn't a problem for me to keep the study permit. In any case, the agent said that if I really wanted to, I could return the study permit with a cover letter explaining why I did so.

In any case, I think the OP might have a shot in getting his case reopened if he can convince the VO that he was not studying at the time - and, as jes_ON pointed out, the work experience was incorrectly excluded. Unfortunately, it is much more likely that he'll have to reapply (and this time include a cover letter saying that he was not studying during that period).

You are right. That's why I advised the OP to ask a lawyer. With CIC, if you say something in a way they misunderstand it to be bad, they can assume the worst and not ask for clarification. In your case, and hopefully the OP's (it wasn't clear to me), if you already had legal status when you applied for the study permit, it's not an issue at all if you don't use it. It's only an issue if CIC determines that the study permit was used to gain some advantage (student discounts, extended stay, on-campus work, etc...) without any intention to study.

 

[gimmeThatPR]

@ JES_ON ,online,noc4012

THanks for the suggestions.

Whats the email address of the VO , How do you recommend to contact them.
I see an email address CIO‑Sydney‑Search‑Enquiry @ cic.gc.ca on the top . Is this the one?

 

[noc4012]

@ JES_ON ,online,noc4012

THanks for the suggestions.

Whats the email address of the VO , How do you recommend to contact them.
I see an email address CIO‑Sydney‑Search‑Enquiry @ cic.gc.ca on the top . Is this the one?

Is this where the refusal came from? If so, yes. If Ottawa sent the refusal, it's the Ottawa Pilot e-mail. Basically, you can just reply to where the e-mail came from.

 

[gimmeThatPR]

@noc

Email came from centralised-intake-office@CIC.GC.can.
But it clearly says at the end
That the email should not be replied at all
As the mailbox is not monitored

 

[gimmeThatPR]

I replied to them with the info ... lets see... also I preparing my application again with a proper cover letter.

Thanks everyone for their input

 

[nicole1006]

I replied to them with the info ... lets see... also I preparing my application again with a proper cover letter.

Thanks everyone for their input

Hey did u apply this year April ?

 

[gimmeThatPR]

yes April 19,2013

 

[noc4012]

@ noc

Email came from centralised-intake-office @ CIC.GC.can.
But it clearly says at the end
That the email should not be replied at all
As the mailbox is not monitored

The e-mail for CIO which is monitored and you can send queries to is: CIO-Sydney-Search-Enquiry @ cic.gc.ca

 

[buffbutters]

" 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 don't get it that why this is considered as less than 12 months? From may 2011 to July 2011 is 3 months (assuming he worked full months) and followed by 3 Oct 2011 to 17 July 2012, which is 9 months and 14 days. Total is 12 months and 2 weeks! And he worked 40 hours per week as mentioned.

I find that this reason statement they gave is unreasonable.

Any thought?

 

[gimmeThatPR]

may to july is 2 months 9th of may to 9th of july and i didn even want them to consider it as I have been working with my current company from last year august and almost 11 months now!

But yea it was only 15 days off according to them.

 

[Pippin]

may to july is 2 months 9th of may to 9th of july and i didn even want them to consider it as I have been working with my current company from last year august and almost 11 months now!

But yea it was only 15 days off according to them.

Was it two weeks short of 12 full months or not? Whatever work you have done since the application doesn't matter. If it was not the full 12 months there is no point in wasting time on fighting their decision. With your continued employment you can reapply and satisfy the requirements now. For anyone reading this thread, a Judicial Review takes many months and thousands of dollars. Unless you can show that an error of law was committed, and if the dates were correctly calculated as totalling 11.5 months in this case, no lawyer would encourage you to try this.

 

[gimmeThatPR]

no pippin.... It is way more than 12 months from the application. But the other guy was calculating 12 months within the refusal letter.
I have written them a reply explaining the situation ,will know it better after they reply.

 

[Pippin]

Ok thanks for explaining that. I was just waking up (pathetic excuse, but I do check early in the day what's been going on in the world, and I don't mean the TV news broadcast, lol. ) Sounds like it wouldn't hurt to send them a clear and concise letter, together with the refusal and proof of your employment dates. At the same time you may want to get your reapplication sorted. So frustrating! Good luck.