Refusal -- Please help :(

[noc4012]

"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)."

I have a question. You wrote that your work permit ended on Sep 27, 2012. Did you obtain a new permit or just kept working on your study permit?

Also, was your study permit issued on Aug 15, 2012?

The reason I am asking is because "maybe" obtaining a study permit after a work permit makes the work permit void.

 

[gimmeThatPR]

@noc

I got my study permit on August 15. While I still had my work permit which ended on september 27.

But before it expired I also applied for the renewal of my work permit under spousal sponsorship.

So I had applied for another open work permit before my PG work permit expired on september 27. Hence I have been working on implied status.

 

[gimmeThatPR]

And yes I wont be eligible for CEC

IF obtaining a study permit voids work permit (which I havent ever heard of and I have confirmed with many consultants and lawyers and CIC agents)

AND

If applying for another open work permit under spousal sponsorship DOESNOT put me into an implied status. (I have got mixed answers for that).But always a positive from CIC agents.

I have written them an email . Lets see.

 

[gimmeThatPR]

Does anyone see any hope?

Or its totally on their discretion?

 

[noc4012]

About the work permit under spousal sponsorship, when did you apply and when did you get it? If you applied before the old work permit expired, you have implied status and can continue to work until you hear back from CIC on that application. Did CIC ever get back to you on that work permit request?

My feeling is that you applied for it and THEN applied for study permit. So they gave you the study permit, voided your work permit (which anyway expired), and thought your new work permit was voided because you applied for a study permit afterwards.

I suggest you call CIC center and ask specifically about the status you have in Canada, if they consider you on study permit, work permit, or both. Any agent can answer you on your specific case. No need to mention PR. You may not get the proper answer and for now you just need to confirm what status CIC thinks you have.

 

[ondine]

And yes I wont be eligible for CEC

IF obtaining a study permit voids work permit (which I havent ever heard of and I have confirmed with many consultants and lawyers and CIC agents)

AND

If applying for another open work permit under spousal sponsorship DOESNOT put me into an implied status. (I have got mixed answers for that).But always a positive from CIC agents.

I have written them an email . Lets see.

Guys, I think you're making this more complicated than it needs to be. Obtaining a study permit does not void a work permit. Period. If this were the case, btw, the VO would've noted that you were working illegally and listed this as one of the reasons for rejecting your application (I think this answers the question about implied status as well). As the VO makes clear in his letter, the problem was that the OP had a study permit, and according to the new CEC rules, no work experience obtained while studying full-time will be counted towards the one year total. Regardless of whether the OP applies again or tries to make his case by emailing CIC, he has to tell them that he was not studying full-time during the period. The VO does not have a crystal ball. If it says in the system that the OP has a study permit, he can assume that he's studying full-time unless stated otherwise somewhere. Of course, in an ideal world, the VO would've asked, but this is not an ideal world.

I think a lawyer can help you make a good case here, even if you have to reapply. Also, looking at GCMS notes might be helpful in planning your next steps.

 

[gimmeThatPR]

@ noc

I applied for my study permit and later I applied for open work permit BUT
it was before my other work permit expired for sure.

I am going to apply for cec tomorrow ...with a cover letter
And will wait for their response...

My other application is still in process I haven't got a work permit from the other (spousal sponsorship)application yet...

Also I called CIC agents gazillion times when applying my renewal work permit and also after that ,called them the day i received refusal too.

And they always said you are eligible ,,,,its valid ...never got a negative response from them not even once.

And the agent you should re apply and attach a letter explaining your situation.

 

[gimmeThatPR]

@ondine

If thats true ... then I am for sure eligible for CEC... I just hope they reopen my file.

:'(

 

[ondine]

@ ondine

If thats true ... then I am for sure eligible for CEC... I just hope they reopen my file.

:'(

I'm pretty sure, from the info you have provided, that you're eligible. Unfortunately, I don't know if CIC will reopen your file. Let's hope so!

Even if they don't reopen your file, however, you should reapply. In any case, talk to a lawyer before doing that, so that you can have a solid application. A good immigration lawyer can clear up a lot of the misinformation that you find on the forums.

 

[gimmeThatPR]

I have seriously failed to find one good lawyer ....

I went to the most renowned ones but I have really not been satisfied with their consultation
And I have spent a fortune already on immigration. Now I plan to just write as much explanation possible and send the file again.

Do you know of any good lawyers in Toronto area?

 

[toronto999]

Hi all
I am new here
How I can post new subject?

 

[Pippin]

Hi all
I am new here
How I can post new subject?

Hi welcome. Go back to the main page of which ever forum topic you are interested in. Near the top right side is a blue box with the words NEW TOPIC. That should do the trick.

 

[lpc19800]

I have seriously failed to find one good lawyer ....

I went to the most renowned ones but I have really not been satisfied with their consultation
And I have spent a fortune already on immigration. Now I plan to just write as much explanation possible and send the file again.

Do you know of any good lawyers in Toronto area?

I'm working with Bomza Law Group- St Clair and yonge - they are good.

 

[noc4012]

I have seriously failed to find one good lawyer ....

I went to the most renowned ones but I have really not been satisfied with their consultation
And I have spent a fortune already on immigration. Now I plan to just write as much explanation possible and send the file again.

Do you know of any good lawyers in Toronto area?

You may try community centers who provide free legal advice to people who earn below a certain level.

I also encourage you to first find out what happened with your work permit renewal. You applied last year; they don't take that long. To explain to your lawyer and to CIC what happened, my opinion is it would be of great clarity to tell them what happened with that spousal sponsored work permit.

 

[gimmeThatPR]

Oh well, its still in process for the first step.

They have asled for some documents ....will be sending them next week.

They send the work permit along with the first approval in principle...So that it still on.