Rejected CEC application - basis for appeal?

[LPS]

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

What part of the manual in particular?

 

[LPS]

Where does it say that the date you sent a work permit application matters?

 

[Pippin]

I did a google "CIC OP manual postmark". Try it and read the links that apply to your situation.

 

[LPS]

Fine, but what about implied status for work permit applications?

From OP 11 section 24, "Implied status":

A temporary resident must apply to extend their period of authorized stay before it ends. If they
have done so, their period of authorized stay as a temporary resident is extended by law until a
decision is made [R183(5)]. Such a person is considered to have implied status as a temporary
resident during that period.

The question is: at what time does CIC consider that you have applied for a permit?

How you choose to deliver the application - post, courier, carrier pigeon - is not within CIC's purview. Generally speaking, I would not assume that the postmark date has any relevance, unless the manual or guide mentions it specifically.

 

[canadavisa13]

LPS

cic considers the date you post marked your application,if you are mailing it to cpc-vegreville.if this was not the case then it will clearly say that applicant considered under implied status if his/her extension application received by cpc-vergreville before the expiry date of their document.
but it says that they will be under implied status if they apply to extend their authorized stay before it ends.
im 100% sure about what i say otherwise i wouldn't give information to mislead people.
you can double check with lawyers,cic call centre agents and google it online then you will will understand my saying.

 

[canadavisa13]

lps,assuming that english is your first language then you will not have any issues understanding this section:

A temporary resident must apply to extend their period of authorized stay before it ends. If they
have done so, their period of authorized stay as a temporary resident is extended by law until a
decision is made [R183(5)]. Such a person is considered to have implied status as a temporary
resident during that period.

 

[LPS]

lps,assuming that english is your first language then you will not have any issues understanding this section:

A temporary resident must apply to extend their period of authorized stay before it ends. If they
have done so, their period of authorized stay as a temporary resident is extended by law until a
decision is made [R183(5)]. Such a person is considered to have implied status as a temporary
resident during that period.

If you can't see any ambiguity in this section then we'll have to agree to disagree. Whereas other CIC manuals and bulletins have indeed made mention of the postmark date, as far as I can tell, those relating to work permits are silent about it. Therefore we should err on the side of caution - and also convention - and say it's the date the application was received.

If there is a source that says otherwise, and not just an appeal to authority, then let's see it. Not to sound like a broken record here, but are we really telling people they will get implied status by posting an application on the day their permit expires?

 

[YoungJC]

If you can't see any ambiguity in this section then we'll have to agree to disagree. Whereas other CIC manuals and bulletins have indeed made mention of the postmark date, as far as I can tell, those relating to work permits are silent about it. Therefore we should err on the side of caution - and also convention - and say it's the date the application was received.

If there is a source that says otherwise, and not just an appeal to authority, then let's see it. Not to sound like a broken record here, but are we really telling people they will get implied status by posting an application on the day their permit expires?

Okay, Canadavisa is right. For work permits, its the day your application was "sent" that counts, not when received. I'm 100% sure of that as I have 1st hand experience with it. Its different with PR applications.

 

[jes_ON]

If there is a source that says otherwise, and not just an appeal to authority, then let's see it. Not to sound like a broken record here, but are we really telling people they will get implied status by posting an application on the day their permit expires?

This was posted during the postal strike in 2011-

http://www.cic.gc.ca/english/department/media/notices/canada-post-strike.asp

If your temporary resident status (e.g., as a worker, student or visitor) is about to expire, you should ensure that your application to extend your status is received by CIC before your status expires as shown on your immigration document. If you do this, your period of authorized stay as a temporary resident will be extended by law until a decision is made and you are notified. In this case, you are considered to have implied status as a temporary resident during that time, as long as you stay in Canada.

 

[LPS]

Okay, Canadavisa is right. For work permits, its the day your application was "sent" that counts, not when received. I'm 100% sure of that as I have 1st hand experience with it. Its different with PR applications.

Fair enough. It's just weird to me that such an important detail would be left to the grapevine rather than being written down.

Don't apply at the last minute if you can possibly help it.

 

[canadavisa13]

LPS,

first of all i did not say: (posting an application on the day their permit expires).so please do not put words into my mouth,i said it has to be posted marked before the expiry date of your current document.the date of receipt is in effect only for permanent resident applications also referred to as (lock in date).for temporary residence applications its the date it was sent.
i have seen few people who applied for extension one day before the expiry date of their work permits and their applications reached cpc-vegreville few days later then their work permits were normally issued and it says under remark(temporary residence status maintained).
im speaking from experiences and veryyyyyyyyyyyyyyyyyyyyyyyyyy sure about my information.
LPS,if you have trust issues,then it will be hard to discuss with you.

best regards,

 

[LPS]

Heh, trust issues. I suppose credulity is a virtue now.

But seriously. If you're positive about it then fine. In any case it's worth having a robust discussion about a rule that isn't written down and where so much is potentially at stake.

 

[canadavisa13]

LPS,i agree

 

[clodaoc]

I just wanted to provide an update on my situation. I have yet to receive a response from the proceessing office in Ottowa about my rejected application. I emailed them last Thursday and honestly didn't think it would go ignored this long?? Is that normal of them to just ignore applicants once they have rejected their application? If thats the case how are you supposed to make any sort of an appeal with them to re-open your case before going through the expensive process of hiring a lawyer?

Someone on this forum suggested bomza law group in Toronto so I have an hour long phone consultation set up with them for tomorrow. I spent my time in Canada in Vancouver but I am sure it doesn't matter what part of Canada the lawyer is based? Without trying to ask an obvious question, does anyone know what sort of information they will be looking for? Obviously I will have my rejection email at hand, a copy of my work permit letter from last October etc...but to make the most of my 60 minute (expensive) conversation if any experts out there know what I need to prepare that would be much appreciated.

I have been doing a recalculation of my worked hours in Canada just to try and come up with the figure of 3337 that they quoted in their rejection email. I can't make sense of it. From 29 Nov 2010 until 13 Nov 2012 (the duration of my time at Accenture) I clocked up 3797.5 hours (the first 3 months I was on a contract and no paid leave or holidays so these months did not clock up full weeks of work every week). On top of this I had 236.25 hours of temp office work. Even discounting the worked hours between the date of my work permit rejection letter (21st Oct 2012) and when I actually finished work on the 13th November (as i definitely will have to accept cannot be counted), that is just 3 weeks (112.5 hours) of work to take off my total worked hours sum. The total figure I still come to is 3921.25 hours. Perhaps they aren't counting my temp assignments (various positions over a 3 month period ranging from a week as an admin assistant, to a month as a university admin assistant etc...) due to them not considering these under the necessary NOC codes. But I suppose thats neither here nor there until I speak with the lawyer and then advise what to do. I am also ordering my GCMS notes today and drafting a fax to send to the PR processing office but I will hold off sending it until after speaking with the lawyer as they might be able to advise some proper wording.

I will keep you posted after tomorrows conversation.

 

[Vik1112]

I just wanted to provide an update on my situation. I have yet to receive a response from the proceessing office in Ottowa about my rejected application. I emailed them last Thursday and honestly didn't think it would go ignored this long?? Is that normal of them to just ignore applicants once they have rejected their application? If thats the case how are you supposed to make any sort of an appeal with them to re-open your case before going through the expensive process of hiring a lawyer?

Someone on this forum suggested bomza law group in Toronto so I have an hour long phone consultation set up with them for tomorrow. I spent my time in Canada in Vancouver but I am sure it doesn't matter what part of Canada the lawyer is based? Without trying to ask an obvious question, does anyone know what sort of information they will be looking for? Obviously I will have my rejection email at hand, a copy of my work permit letter from last October etc...but to make the most of my 60 minute (expensive) conversation if any experts out there know what I need to prepare that would be much appreciated.

I have been doing a recalculation of my worked hours in Canada just to try and come up with the figure of 3337 that they quoted in their rejection email. I can't make sense of it. From 29 Nov 2010 until 13 Nov 2012 (the duration of my time at Accenture) I clocked up 3797.5 hours (the first 3 months I was on a contract and no paid leave or holidays so these months did not clock up full weeks of work every week). On top of this I had 236.25 hours of temp office work. Even discounting the worked hours between the date of my work permit rejection letter (21st Oct 2012) and when I actually finished work on the 13th November (as i definitely will have to accept cannot be counted), that is just 3 weeks (112.5 hours) of work to take off my total worked hours sum. The total figure I still come to is 3921.25 hours. Perhaps they aren't counting my temp assignments (various positions over a 3 month period ranging from a week as an admin assistant, to a month as a university admin assistant etc...) due to them not considering these under the necessary NOC codes. But I suppose thats neither here nor there until I speak with the lawyer and then advise what to do. I am also ordering my GCMS notes today and drafting a fax to send to the PR processing office but I will hold off sending it until after speaking with the lawyer as they might be able to advise some proper wording.

I will keep you posted after tomorrows conversation.

Hello Clodaoc,

I sent you a personal message. Please read and reply if you have questions.

Vik.