Returned Application - Apply Again

[ferd2000hn]

Unfortunately I submitted an application after 17th Feb 2008 for the Skilled Worker program with a NOC that became non eligible on Nov. 28th.
Fortunately my professional experience does include 1 1/2 years under one of the 38 restricted codes in the last 10 years. Its now a matter of detailing the experience under the right NOC code (of which I wasn't aware until the restriction came about!!)
My questions are:
- How soon can I submitt a new application (I'm guessing it's no problem since in any case the application was returned, not rejected)?
- Should I wait until I actually get my returned application, or just by knowing the fact that under the new rules it would be returned, should I apply again as soon as possible?
- Anyone has any idea how long it takes to get the returned application (and of course, the refund!) I applied to the embassy in Guatemala on Nov. 12th.

 

[arlesoma]

Hope you read this!
Did you reapplied? Could you tell me your experience? In what stage are you?

I had a similar situation that maybe you can relate and help me out understand if my old application was actually refused.

Back in Jan 2008 (a month before the change in requirements for the FSW) I applied to my local Visa Office per old instructions. By that time I did not know that the requirements were going to change on Feb. 2008.

However, anyone would think that even though I submitted my application Jan 28th and was received at the office Jan 29th the new requirements would not applied to me (Feb 08). Suprisingly wrong, since I know other offices respect this dates, however It took the Visa Office 1 year and 3 month to send me a letter telling me basically that in Feb. 2008 there were new requirements and that application on or after that date should comply with them. Did send letters and support documentation DHL tracking dates to the office showing that they received it before Feb. 28th but no luck.
And so they assessed my application under the new process with only the 38 NOCs being considered.

Unfortunately due to an honest mistake I chose a wrong NOC back them when submitting my application
0114 Adminstrative Mgr. instead of 0111 - Financial Manager or Controllers (my real title for 1yrs experience back them-have proof from HR)
Of course 0114 was not in the NOC least and therefore in their letter the Office said that
" As your occupation(s) are not included on the list of eligible occupations, we are unable to process your application at this time.¨ Those this mean that my application was refused or just that I did not have the right requirements and by no means I should considered as refused.

I asked this questions since now (June 2010) I am reapplying, I have 2 more years of experiece as Controllers and I have 2 doubts on how to fill my application properly due to these incidents.

1: There is a question is the application Schedule 1 that says ¨Have you been refused status in, or an immigrant or permanent resident vida to Canada" - Should I say NO or YES, should I explain that my previous application was intended to be process by the old system but that coincided with the change of new system and therefore I am resending my updated application or Should I just say NO and not explain anything? (Please Help)

2: In this application should I not correct the NOC 0114 to 0111 and just leave it as 1 year 0114 and 2 years of 0111, however the job descreptions would be really similar. This would be in order to avoid more explanation if they verified that I applied before and now I have no 0114 on my application but instead 3 years of 0111.

Please I would really appreciate your answers promptly since I found out yesterday that the NOC list may change and would be really sad to see that now 0111 is gone from the just before I reapplied. Hopefully since now applications are bien sent to NS dates of submitting applications would be respected.
Thank you very much in advance

 

[ferd2000hn]

You can apply without a problem using 0111 as your NOC for your whole experience. As in my case, your application was not rejected or refused, it was returned. As explained to me by an immigration lawyer there is no record left of these cases therefore you can confidently say that 1) You haven't been refused and 2) that you have 3 years of 0111.

Just so you know, due to some issues I applied again until this year, my application was received in Sydney in the last days of March / first days of April and I received a case number on May 26th, so the process is moving along fine.

Best of luck!

 

[arlesoma]

You can apply without a problem using 0111 as your NOC for your whole experience. As in my case, your application was not rejected or refused, it was returned. As explained to me by an immigration lawyer there is no record left of these cases therefore you can confidently say that 1) You haven't been refused and 2) that you have 3 years of 0111.

Just so you know, due to some issues I applied again until this year, my application was received in Sydney in the last days of March / first days of April and I received a case number on May 26th, so the process is moving along fine.

Best of luck!

Ferd2000hn,
Thank you so much for your answer, you dont know how much it means to me...
When you got the answer in your last application did they tell you the same thing as they told me?
Where are you from? Where did you applied in your first application, Guatemala office?

 

[ferd2000hn]

I got the same message, that the occupation I applied was not valid. I'm from Honduras and therefore I submitted my first application to the Guatemala office. Now you have to send your application to Sydney regardless were you're from.

 

[preetdhillon4u]

Ferd

Thanks much u answered my question ...u r right..our application ws not rejected...its was returned....

 

[arlesoma]

Ferd

Thanks much u answered my question ...u r right..our application ws not rejected...its was returned....

Preetdhillon4u,

What is you story, is it a similar story,
did you already reply?
or when are you reapplying?