Application got rejected

[movie]

Hello everyone..

So yah. the nightmare came true and today i got email from a case office saying that my application has been denied based on the fact that i was unable to provide letter from one of my employer. here is the email from the case officer:



Dear XXX

I have now completed the assessment of your application for a permanent resident visa as a member of the Canadian Experience Class and have determined that you do not meet the requirements for immigration to Canada.

According to the Immigration and Refugee Protection Regulations, applicants in the Canadian Experience Class are assessed on the basis of the pass/fail requirements set out in subsection R87.1(2). The assessment of these criteria determines whether a worker with Canadian experience will be able to become economically established in Canada. The criteria are:

· knowledge of English or French,

· Canadian skilled work experience,

· Canadian educational credentials (for the Post-Graduation Stream only).

Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada: NOC 6221; and, NOC 9241.

I am not satisfied that you meet the skilled work experience requirement. I can credit the employment with XXXXX Inc. to your work experience. However, you were unable to obtain a letter from YYYY company outlining your job duties to enable me to determine that you performed a substantial number of the main duties of the job description as outlined in the National Occupational Classification 6221. Therefore, I am not satisfied that you acquired at least twelve months of full-time work experience or the equivalent in part-time work experience in a NOC type 0, or level A or B occupation, within the 24 months before the application was made.

Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. Subsection 2(1) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.

Following an examination of your application, I am not satisfied that you meet the requirements of the Act and Regulations for the reasons explained above. I am therefore refusing your application.


Thank you for the interest you have shown in Canada.


Yours sincerely,

Case Officer

Now in the letter hes saying that he can credit me for the work at XXXX Inc. and as of today 18th April 2013 it has been one year of work at that company. not to mention the fact if i count the hours i worked the one year work experience will be done probably by January since its a 24/7 place and i work overtime regularly..
i have valid open work permit till November of this year also i received positive LMO with that i can apply for closed work permit which i really dnt prefer but will have to do if no other options.

I have sent email to cpp ottawa with the latest paystub from my current employer for which the case officer giving credit to show i am still employed and requested to reconsider based on the fact that it has been one year of work. I also mentioned that i can provide another letter from this company stating i am still working and how many hours in total i worked since i started and all that if its necessary. What do you guys think? will they reconsider? i hope they atleast send me reply even if they dont.

If not then i will have to re apply asap. and this is the part where i am confused about few things. I am really hoping to get some help from you guys. if any of you have re applied because of similar situation please help me out. If i re-apply:
* what do i do about my IELTS test result?. i have sent the original copy of the result to cic
* do i have to take the police clearence again?
* I got married recently while my application was in process and sent all the paperwork,forms cic asked for my wife some of which includes original copies from another country. what will happen to those?.Boy..It will be a big pain and hassle to get those again.....sigh.

I apologize if i sounded stupid . My mind and brain is running in all direction possible at the moment. i am so sad. if i have to reapply god knows how long it will take for my wife to come... .i am a july 2012 applicant. got my AOR in august of 2012...Please help me out. Thanks .

 

[Andy2109]

Hello everyone..

So yah. the nightmare came true and today i got email from a case office saying that my application has been denied based on the fact that i was unable to provide letter from one of my employer. here is the email from the case officer:



Dear XXX

I have now completed the assessment of your application for a permanent resident visa as a member of the Canadian Experience Class and have determined that you do not meet the requirements for immigration to Canada.

According to the Immigration and Refugee Protection Regulations, applicants in the Canadian Experience Class are assessed on the basis of the pass/fail requirements set out in subsection R87.1(2). The assessment of these criteria determines whether a worker with Canadian experience will be able to become economically established in Canada. The criteria are:

· knowledge of English or French,

· Canadian skilled work experience,

· Canadian educational credentials (for the Post-Graduation Stream only).

Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada: NOC 6221; and, NOC 9241.

I am not satisfied that you meet the skilled work experience requirement. I can credit the employment with XXXXX Inc. to your work experience. However, you were unable to obtain a letter from YYYY company outlining your job duties to enable me to determine that you performed a substantial number of the main duties of the job description as outlined in the National Occupational Classification 6221. Therefore, I am not satisfied that you acquired at least twelve months of full-time work experience or the equivalent in part-time work experience in a NOC type 0, or level A or B occupation, within the 24 months before the application was made.

Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. Subsection 2(1) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.

Following an examination of your application, I am not satisfied that you meet the requirements of the Act and Regulations for the reasons explained above. I am therefore refusing your application.


Thank you for the interest you have shown in Canada.


Yours sincerely,

Case Officer

Now in the letter hes saying that he can credit me for the work at XXXX Inc. and as of today 18th April 2013 it has been one year of work at that company. not to mention the fact if i count the hours i worked the one year work experience will be done probably by January since its a 24/7 place and i work overtime regularly..
i have valid open work permit till November of this year also i received positive LMO with that i can apply for closed work permit which i really dnt prefer but will have to do if no other options.

I have sent email to cpp ottawa with the latest paystub from my current employer for which the case officer giving credit to show i am still employed and requested to reconsider based on the fact that it has been one year of work. I also mentioned that i can provide another letter from this company stating i am still working and how many hours in total i worked since i started and all that if its necessary. What do you guys think? will they reconsider? i hope they atleast send me reply even if they dont.

If not then i will have to re apply asap. and this is the part where i am confused about few things. I am really hoping to get some help from you guys. if any of you have re applied because of similar situation please help me out. If i re-apply:
* what do i do about my IELTS test result?. i have sent the original copy of the result to cic
* do i have to take the police clearence again?
* I got married recently while my application was in process and sent all the paperwork,forms cic asked for my wife some of which includes original copies from another country. what will happen to those?.Boy..It will be a big pain and hassle to get those again.....sigh.

I apologize if i sounded stupid . My mind and brain is running in all direction possible at the moment. i am so sad. if i have to reapply god knows how long it will take for my wife to come... .i am a july 2012 applicant. got my AOR in august of 2012...Please help me out. Thanks .

Sorry to hear. But you will have to re-apply. You should have met CEC requirements as on the date of application (not as on the date of consideration or decision).
IELTS Result... if it is less than 2 years old, you can order another copy.
PCC.... valid for one year. Should not be more than 3 months old as on the date of submission. So, you need to get a new one.

 

[spookyb]

movie,

Sorry to hear about your case. Unfortunately CIC will only take into account your experience as of the date they received the application, so you they will not reconsider based on the experience you have gained while your application was in process. You will, therefore, have to apply again.

- You can request another copy of your IELTS test from the testing agency
- You will have to get police certificates again
- You will have to get original documents for your wife again

Remember that the only original docs you have to send CIC are your police certificates and the IELTS test. You should not have sent originals for your wife's docs. Now that you have, I'm not sure if there is any way to get them back.

 

[pingu]

i'm very very very sorry to hear this...
I don't have much knowledge to answer your questions.
Everyone Please help out!

I'm also a july applicant who hasn't gotten a medical request yet, and the more information about what to do after rejection, the better.
just to be prepared for the worst.

Sorry again for your rejection.

 

[ondine]

Movie,

I'm sorry to hear about your rejection. Unfortunately, I think it's unlikely that CIC will reconsider your application based on the pay stub you sent them.

However, I suggest you stay strong and reapply! According to what you said, you've just completed one year in your job. This is enough to qualify for CEC under the new rules (1 year of full-time work experience, with full-time counting as weeks with 30+ hours). A small note: it might be a good idea to have a bit more than 1 year of full-time experience, just in case. Also, the overtime doesn't count towards reducing the 1 year requirement. Hope this helps!

 

[ecstrom]

you can't simply just mail your latest pay stubs to them. istead, now you probably need to resubmit the new application again. Visa officer can only based on the current information make a decision by when you signed the forms.

for example, you work from Oct 1 2011 to to Nov 30 2012, and get your employment letter dated on Dec 1, 2012, and then you submit your application. Can cant simply mail your Dec 2012 to Apr 2013 pay stubs to visa office to prove you are continuing working. You need to get the new employement letter again.

 

[ecstrom]

By the way, i am not surprised by visa officer's decision. If you can't prodive that company's employment letter, why did you use it as part of your accumulated CEC work experince? apparently the visa officer will deny that part of work experience. :

 

[yahoo7]

I am very sorry to hear about your rejection. Were you not able to submit a reference letter for the qualified experienced period which you claimed in your application. Do you know the reasons why the visa officer was able to give you only a partial credit for your experience?

 

[movie]

thank you all for your help. i have started working on re-applying already. i know it will be a long wait allover again but hey! this is life..haha..

yahoo7: yes.. i was unable to submit letter from my previous employer. that's the reason the case officer gave . i have posted the whole letter. you can read through what he said.

ecstrom: the reason why i used that employers experience as part of my application because of time line. when i applied they did not have the rule of extending open work permit. also that company promised me they will send me the letter many times over the phone and email which they never sent.the reason i emailed the latest stub because from current employer i already have the letter which i sent. so by sending stub it is an effort to prove that i am still employed at that company just incase they reconsider which is unlikely .thank you for your support anyways

ondine:thank you for your support. i am going to re-apply soon. your advice is very helpful

pingu: thank you. hopefully your application will go through. keep the hope up!

spookyb: thank you very much for your details advice. i appreciate it very much

 

[nicole1006]

Hi, do you mind sharing your timeline??

 

[Pippin]

Don't use overtime to meet the required hours.

 

[Johnny31]

Hi, do you mind sharing your timeline??

He already did. Read his first post towards the end.

 

[vinaymor01]

Which field of work are you in and from which province did you file your application?

 

[movie]

Which field of work are you in and from which province did you file your application?

i am currently working in engineering field. before i was working as business consultant. i applied from ontario

 

[movie]

Don't use overtime to meet the required hours.

yes..i am not going to use overtimes to meet the required hours.. i am getting ready to apply again end of next month which will give me 1 month extra on top of my 1 year experience at the current job for which the case officer giving credit.

the reconsideration request email i sent.. surprisingly the officer replied back saying that at the time of making decision there was not enough evidence thus concluded the application and if i wish i can re-apply.