Rejected CEC application - basis for appeal?

[clodaoc]

1. I was told my implied status ended the day I finished work, 13/11/12.
2. Yes
3 + 4. I did not receive a LMO as I did not realise I needed one to extend my work permit
5. The call centre told me a letter had been issued which I explained I hadn't received...hence why I was calling them looking for an update on my status.
6. The call centre told me I was on implied status right up until I was told over the phone I no longer had implied status. Bear in mind these are recorded conversations and I do have the time of call and name of person that I spoke with. I would hope they do not provide false or misleading information but either way if the call did need to be looked up (i highly doubt they will go to that effort though) then the information is there for them to listen to. If it was in fact the wrong information to provide then who's to say the person who rejected my application last week was also in the wrong?
7. As above, i was legally working until I was informed of my implied status situation. Following my phone call a letter was issued explaining that my implied status was finished.
8. CIC also took a note of when I called and when they verbally explained I no longer have implied status.

My big concern now is because of this stupid new rule that doesn't recognise NOC 1221 am I now disqualified from even applying again because of the timing of all of this?

 

[SenoritaBella]

Unfortunately, with the new rule you can not apply under the Canadian Experience Class anymore. Look into the provincial nominee programs and skilled worker stream.

 

[YoungJC]

1. I was told my implied status ended the day I finished work, 13/11/12.
2. Yes
3 + 4. I did not receive a LMO as I did not realise I needed one to extend my work permit
5. The call centre told me a letter had been issued which I explained I hadn't received...hence why I was calling them looking for an update on my status.
6. The call centre told me I was on implied status right up until I was told over the phone I no longer had implied status. Bear in mind these are recorded conversations and I do have the time of call and name of person that I spoke with. I would hope they do not provide false or misleading information but either way if the call did need to be looked up (i highly doubt they will go to that effort though) then the information is there for them to listen to. If it was in fact the wrong information to provide then who's to say the person who rejected my application last week was also in the wrong?
7. As above, i was legally working until I was informed of my implied status situation. Following my phone call a letter was issued explaining that my implied status was finished.
8. CIC also took a note of when I called and when they verbally explained I no longer have implied status.

My big concern now is because of this stupid new rule that doesn't recognise NOC 1221 am I now disqualified from even applying again because of the timing of all of this?

Your implied status would have ended the exact day the rejection letter was written. Since you never received the letter, you may want to check with the call centre to see if they have that info

 

[clodaoc]

When I called the call centre (13 Nov 12) and explained I never received the letter they said they would send one out which i received about a week or so after my phone call with them.

Surely if i was rejected on the 7th Nov this year and it took them a full year to get my application to that stage, taking into account the 4 months of time that was wasted due to a strike in their office - and i emailed them the exact same day with questions and looking for more information (still waiting on a response) etc... surely they will allow my application to be included in the bundle of people currently being assessed under the 12 month rule? I'm not looking for special treatment nor do i think i will get special treatment but taking everything into account surely they can't turn around now and say sorry to hear you were rejected but by the way you are now no longer allowed apply due to a rule that just popped up over the weekend?

I can't apply under PNP. I worked for BC Hydro but I was employed by Accenture - contracted out to BC Hydro. I have looked into it, believe me, and it was a no go. I just want to get back to Canada. I have lived there for 3 years and contributed to the economy for my time there. Even the implied status period that is being questioned - i paid taxes througout those 3 months! There has to be a way. I just find it so bizzare that someone at my age (29) with English as their first language and who has already lived in Canada is now facing such difficulty in getting back to the country after just leaving 5 months ago.

 

[jsm0085]

When I called the call centre (13 Nov 12) and explained I never received the letter they said they would send one out which i received about a week or so after my phone call with them.

Surely if i was rejected on the 7th Nov this year and it took them a full year to get my application to that stage, taking into account the 4 months of time that was wasted due to a strike in their office - and i emailed them the exact same day with questions and looking for more information (still waiting on a response) etc... surely they will allow my application to be included in the bundle of people currently being assessed under the 12 month rule? I'm not looking for special treatment nor do i think i will get special treatment but taking everything into account surely they can't turn around now and say sorry to hear you were rejected but by the way you are now no longer allowed apply due to a rule that just popped up over the weekend?

I can't apply under PNP. I worked for BC Hydro but I was employed by Accenture - contracted out to BC Hydro. I have looked into it, believe me, and it was a no go. I just want to get back to Canada. I have lived there for 3 years and contributed to the economy for my time there. Even the implied status period that is being questioned - i paid taxes througout those 3 months! There has to be a way. I just find it so bizzare that someone at my age (29) with English as their first language and who has already lived in Canada is now facing such difficulty in getting back to the country after just leaving 5 months ago.

They won't. Your case is a lost hope at this point.

 

[YoungJC]

When I called the call centre (13 Nov 12) and explained I never received the letter they said they would send one out which i received about a week or so after my phone call with them.

Surely if i was rejected on the 7th Nov this year and it took them a full year to get my application to that stage, taking into account the 4 months of time that was wasted due to a strike in their office - and i emailed them the exact same day with questions and looking for more information (still waiting on a response) etc... surely they will allow my application to be included in the bundle of people currently being assessed under the 12 month rule? I'm not looking for special treatment nor do i think i will get special treatment but taking everything into account surely they can't turn around now and say sorry to hear you were rejected but by the way you are now no longer allowed apply due to a rule that just popped up over the weekend?

I can't apply under PNP. I worked for BC Hydro but I was employed by Accenture - contracted out to BC Hydro. I have looked into it, believe me, and it was a no go. I just want to get back to Canada. I have lived there for 3 years and contributed to the economy for my time there. Even the implied status period that is being questioned - i paid taxes througout those 3 months! There has to be a way. I just find it so bizzare that someone at my age (29) with English as their first language and who has already lived in Canada is now facing such difficulty in getting back to the country after just leaving 5 months ago.

You still haven't stated the exact day the rejection letter was written. That's the day your implied status ends, not the day you were told by the call centre or the day you received the letter. The letter should show the day your temp status was extended till. If that day is after your work permit expired, those days count as authorized work and you should appeal the negative decision. If it was rejected before your work permit expired, you'll be out of luck in that case. Once again, they key date is when the letter was written.

Cheers

 

[clodaoc]

Hi my visa work permit rejection letter was dated 21 October 2012. So in that case the worked hours from August until 21 October should have been included?

 

[canadavisa13]

hi clodaoc,

the period from august to october 21st 2012 should be counted given that your application for the extension was filled before your work permit expiry date.

 

[YoungJC]

Hi my visa work permit rejection letter was dated 21 October 2012. So in that case the worked hours from August until 21 October should have been included?

That's right. CEC requirements does state authorized work counts. Based on the info you have given, it seems your work experience up until Oct 21 was authorized. Like I said before, you should look into appealing the decision with proof, including the rejection letter.

 

[clodaoc]

Does anyone know how to actually get in touch with the Case Processing Office in Ottowa? I had presumed there was a phone number at the end of my rejection email but its just a fax number. I emailed them last Thursday as soon as I received the email from them but as of yet I haven't received a response and I can't really just sit around and wait for them to get back to me. I have also calculated my worked hours minus the last 3 weeks after my letter was sent and dated (21 Oct 2012) and my worked weeks still appear to come to 104.56 total. So I am still over the 3900 hours. Without being able to talk to someone in their office its quite frustrating!!

 

[canadavisa13]

email and fax are the only options available.
they are not open for public phone calls and walk-ins.
i would suggest you fax them tomorrow as well then sure you will hear from them but it might take sometime before they get back to you.
good luck

 

[ju_mark]

The period of work from 2012/08/12 to2012/11/13 when you were employed at (taken out for privacy) could not be included in the calculations of eligible work experience as you did not hold a valid work permit during that time. I note that your work permit expired on 2012/08/11.

I am not (!) an expert. But I have a question: in your letter it says that your work permit expired on 2012/08/11 . When did you apply for the work permit extension (i.e. when did CIC receive your applications for the Work permit extension)?

I applied for a work permit extension a year ago and was told that as long as CIC receives your application BEFORE your work permit expires you are on the safe side. However, it does not matter WHEN you send the application off but WHEN it was received by CIC. So when exactly was your application received? before 2012/08/11 or after?

 

[canadavisa13]

hi ju_mark,

SORRY but its not true.
cic consider date of receipt for permanent residence applications.for TEMPORARY residence applications(workers-students-visitors) they consider the date of the post stamp on your package,so if the application is post stamp dated on august 11th and your work permit expired on august 12th you are safe even if they receive it after the expiry date.
check the temporary foreign workers manual for more informations

 

[ju_mark]

hi ju_mark,

SORRY but its not true.
cic consider date of receipt for permanent residence applications.for TEMPORARY residence applications(workers-students-visitors) they consider the date of the post stamp on your package,so if the application is post stamp dated on august 11th and your work permit expired on august 12th you are safe even if they receive it after the expiry date.
check the temporary foreign workers manual for more informations

then sorry. as I said, I am not an expert. I relied on the info I got from the Immigration consultant I used for my work permit extension (I always knew they were not very competent. just got another proof ). So I rephrase my question: What is the post stamp on the application for your work permit?

 

[canadavisa13]

haha true

but my advice for everyone is not to wait until last minute to apply for an extension,as long as all documents are in order,application should be sent as early as possible to avoid confusion with visa officer processing the application.applying online is the best option now a days and processing times are pretty fast.