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Applying for CEC as research assistant (NOC 4012)

pari_p

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Feb 7, 2013
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asbereth said:
Hi pari_p, you can start by checking the previous versions of IRPR, specifically the subsection 87 as it pertains to the Canadian Experience Class.

If you check R87(3)a, you'll find the provision that excludes work experience gained during full-time study

There was no such provision before the rule was amended on January 2013. I think the old rule even mentioned that your work experience may be gained while having a study permit (I could not find the specifics though).

The following is the link to the old version of IRPR, and it contains subsections that pertain to the old version of CEC (still R87):

http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/20121215/P1TT3xt3.html

Just FYI, I personally know two individuals who became PR using only NOC 4012 work experience under CEC. They applied last year (March 2012 and May 2012) as well.

Unless the new rule has been applied pro-actively to applicants from last year as well, then as long as your application was received before December 31 2012, I don't see any reason why it should be rejected based on having gained your work experience while a full-time student.
Thanks a ton for the link!! I will look into the links!

I have heard a lot of people having received PR on based of NOC 4012 so I dont know why they are changes stuff now for late 2012 applicants. Yes, I agree they shouldn't be applying the new rules to people who applied before 3rd January 2013. If I get rejected, I will be appealing the decision for sure.
 

RA_toronto

Star Member
Jun 3, 2013
64
3
Toronto
Category........
Visa Office......
CPP-O
NOC Code......
4012
Job Offer........
Pre-Assessed..
App. Filed.......
12-09-2013
AOR Received.
06-12-2013
File Transfer...
06-12-2013
Med's Request
14-07-2014
Med's Done....
16-07-2014
Passport Req..
12-08-2014
VISA ISSUED...
15-09-2014
LANDED..........
08-10-2014
Bad news, I got rejected too :(

On July 17th, I got the GCMS notes and on July 18th, I received the rejection. My rejection email says this:

"I am not satisfied you meet the skilled work experience requirement. According to your application, you worked as a research/teaching assistant (NOC 4012) for periods of employment as follows: 2010/09/01 to date of application; 2011/09/06 – 2011/12/06; 2010/09/07 – 2010/12/08; 2008/09/01 – 2010/03/31. In support of this you provided documentation from the University of Toronto confirming you were a full time PhD student receiving financial support from the Department of ... for your PhD studies and also letters providing a breakdown of financial support. The information provided indicates that a portion of the stated work experience is research which was in direct support of and a component of your graduate studies. Your employment contracts stipulate that foreign students can only work at the school where they are authorized to study. Accordingly, this experience does not qualify as work experience under the Canadian Experience Class as it does not meet the definition of “work” as defined under R2 of the Regulations. It is not considered an activity requiring entry into the Canadian labour market, as illustrated by declared income on your T4A statements as opposed to your T4 statement. Consequently, I am not satisfied you meet the selection criteria of the Canadian experience class."

My GCMS notes says similar stuff:

"...The majority of PA's income from UofT listed on T4A certificates, implying self-employment or a scholarship or a grant based payment structure. Employment letter lists duties which appear to conform to NOC but appears to do nothing to establish a difference between the PA's employment experience and studies..."

It doesn't sound like that they followed the new rules in my case. The problem is not that they don't count my RA because it was during my studies, they don't count it as work at all. The officer repeatedly says that it's not work, it's study. So I don't think appealing would help my case.
 

jsm0085

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Feb 26, 2012
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Guys I think it's important to clear something up. Pre 2013 rules had a post grad stream that meant if a two year program had been completed the applicant could apply under cec when they had 12 months of skilled work permit. These applications are being processed under the old rules, the issue you are facing is your 'positions' as ra's aren't being seen as employment but instead a compulsory part of your phd program. The only hope any of you have appeal is to convince the officer that this isn't the case and in fact you are employed. I don't see this as being an easy task!
 

pari_p

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Feb 7, 2013
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This thing is if you read regulations than it doesnt specify anywhere in old rules that you cannot be studying full time while working.

The thing is... its unfair that they are applying new rules to the late 2012 applicants. Lots of people were applying using RA hours and have already landed as PR!!!!! I infact applied through a lawyer provided us by the university, they were helping students apply for both CEC ad FSW class!
They had lots of students who have gone through them in CEC and got it but Aug 2012 and later applicants whom they are giving trouble since the new rules dont allow RA to be used!

I am still waiting to hear... but I am going to local MP monday and see if they can do anything!
 

pari_p

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Feb 7, 2013
224
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RA_toronto said:
Bad news, I got rejected too :(

On July 17th, I got the GCMS notes and on July 18th, I received the rejection. My rejection email says this:

"I am not satisfied you meet the skilled work experience requirement. According to your application, you worked as a research/teaching assistant (NOC 4012) for periods of employment as follows: 2010/09/01 to date of application; 2011/09/06 – 2011/12/06; 2010/09/07 – 2010/12/08; 2008/09/01 – 2010/03/31. In support of this you provided documentation from the University of Toronto confirming you were a full time PhD student receiving financial support from the Department of ... for your PhD studies and also letters providing a breakdown of financial support. The information provided indicates that a portion of the stated work experience is research which was in direct support of and a component of your graduate studies. Your employment contracts stipulate that foreign students can only work at the school where they are authorized to study. Accordingly, this experience does not qualify as work experience under the Canadian Experience Class as it does not meet the definition of “work” as defined under R2 of the Regulations. It is not considered an activity requiring entry into the Canadian labour market, as illustrated by declared income on your T4A statements as opposed to your T4 statement. Consequently, I am not satisfied you meet the selection criteria of the Canadian experience class."

My GCMS notes says similar stuff:

"...The majority of PA's income from UofT listed on T4A certificates, implying self-employment or a scholarship or a grant based payment structure. Employment letter lists duties which appear to conform to NOC but appears to do nothing to establish a difference between the PA's employment experience and studies..."

It doesn't sound like that they followed the new rules in my case. The problem is not that they don't count my RA because it was during my studies, they don't count it as work at all. The officer repeatedly says that it's not work, it's study. So I don't think appealing would help my case.
So sorry to hear about your rejection.. it kinda pisses me off that they are looking for more of labour people to immigrate to canada thn highly educated people since FSW-PhD stream is way harder thn CEC. So if you work as manager in a crap place for 1 year.. you have PR but if you have been in this country for 7 yrs doing your studies while working as TA and RA, you are not qualified.... this pretty much changes my view of how I expect canada to be in a decade or two!
 

pari_p

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Feb 7, 2013
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Do you mind to tell me who is your Visa Officer in your GCMS notes??
 

RA_toronto

Star Member
Jun 3, 2013
64
3
Toronto
Category........
Visa Office......
CPP-O
NOC Code......
4012
Job Offer........
Pre-Assessed..
App. Filed.......
12-09-2013
AOR Received.
06-12-2013
File Transfer...
06-12-2013
Med's Request
14-07-2014
Med's Done....
16-07-2014
Passport Req..
12-08-2014
VISA ISSUED...
15-09-2014
LANDED..........
08-10-2014
pari_p said:
Do you mind to tell me who is your Visa Officer in your GCMS notes??
Not at all but I don't know where to look to find that information, which page/title exactly?
 

pari_p

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Feb 7, 2013
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RA_toronto said:
Not at all but I don't know where to look to find that information, which page/title exactly?
If you look at the eligibility assessment (for me its on page 6 but can be different for everyone depending on the number of people on per application) section of your GCMS notes, look at 'Assigned to:' it has to be a 6 digit ID (my officer is RC-6262).
 

RA_toronto

Star Member
Jun 3, 2013
64
3
Toronto
Category........
Visa Office......
CPP-O
NOC Code......
4012
Job Offer........
Pre-Assessed..
App. Filed.......
12-09-2013
AOR Received.
06-12-2013
File Transfer...
06-12-2013
Med's Request
14-07-2014
Med's Done....
16-07-2014
Passport Req..
12-08-2014
VISA ISSUED...
15-09-2014
LANDED..........
08-10-2014
pari_p said:
If you look at the eligibility assessment (for me its on page 6 but can be different for everyone depending on the number of people on per application) section of your GCMS notes, look at 'Assigned to:' it has to be a 6 digit ID (my officer is RC-6262).
Mine is RC-6262 too!
 

pari_p

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Feb 7, 2013
224
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RA_toronto said:
Mine is RC-6262 too!
OMG he hates us.... mine currently says Review Required on the Status!!! Not sure what that means..... he wrote the notes that RA doesnt count as work and hence I dont meet requirement on 10th may :eek: not sure what he is still doing with my file..... hope review required means he gave it to someone else to loook at it!!!
 

RA_toronto

Star Member
Jun 3, 2013
64
3
Toronto
Category........
Visa Office......
CPP-O
NOC Code......
4012
Job Offer........
Pre-Assessed..
App. Filed.......
12-09-2013
AOR Received.
06-12-2013
File Transfer...
06-12-2013
Med's Request
14-07-2014
Med's Done....
16-07-2014
Passport Req..
12-08-2014
VISA ISSUED...
15-09-2014
LANDED..........
08-10-2014
pari_p said:
OMG he hates us.... mine currently says Review Required on the Status!!! Not sure what that means..... he wrote the notes that RA doesnt count as work and hence I dont meet requirement on 10th may :eek: not sure what he is still doing with my file..... hope review required means he gave it to someone else to loook at it!!!
I wouldn't want to disappoint you but mine said review required too, and I got the rejection the following day. Hopefully, yours will be different and get accepted. Please update us once you hear back from CIC. Good luck!
 

pari_p

Hero Member
Feb 7, 2013
224
4
Category........
Job Offer........
Pre-Assessed..
RA_toronto said:
I wouldn't want to disappoint you but mine said review required too, and I got the rejection the following day. Hopefully, yours will be different and get accepted. Please update us once you hear back from CIC. Good luck!
Sure
i got my notes on thursday so dont know... dnt get why they take so long for everything :(

I will keep you updated here!
 

noc4012

Star Member
Apr 9, 2013
96
14
RA_toronto said:
Bad news, I got rejected too :(

On July 17th, I got the GCMS notes and on July 18th, I received the rejection. My rejection email says this:

"I am not satisfied you meet the skilled work experience requirement. According to your application, you worked as a research/teaching assistant (NOC 4012) for periods of employment as follows: 2010/09/01 to date of application; 2011/09/06 – 2011/12/06; 2010/09/07 – 2010/12/08; 2008/09/01 – 2010/03/31. In support of this you provided documentation from the University of Toronto confirming you were a full time PhD student receiving financial support from the Department of ... for your PhD studies and also letters providing a breakdown of financial support. The information provided indicates that a portion of the stated work experience is research which was in direct support of and a component of your graduate studies. Your employment contracts stipulate that foreign students can only work at the school where they are authorized to study. Accordingly, this experience does not qualify as work experience under the Canadian Experience Class as it does not meet the definition of “work” as defined under R2 of the Regulations. It is not considered an activity requiring entry into the Canadian labour market, as illustrated by declared income on your T4A statements as opposed to your T4 statement. Consequently, I am not satisfied you meet the selection criteria of the Canadian experience class."

My GCMS notes says similar stuff:

"...The majority of PA's income from UofT listed on T4A certificates, implying self-employment or a scholarship or a grant based payment structure. Employment letter lists duties which appear to conform to NOC but appears to do nothing to establish a difference between the PA's employment experience and studies..."

It doesn't sound like that they followed the new rules in my case. The problem is not that they don't count my RA because it was during my studies, they don't count it as work at all. The officer repeatedly says that it's not work, it's study. So I don't think appealing would help my case.
This is the most ridiculous case of refusal I have seen on this forum. T4 and T4A are based on how your funding agency and university choose to pay you and has nothing to do with the type of work you do or how many hours you spend. They're treating it as if you work for two different employers. This indicates they are clinching to straws to find a reason for rejection. Which makes me suspect you are a male and Iranian.
 

jsm0085

Champion Member
Feb 26, 2012
2,665
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noc4012 said:
This is the most ridiculous case of refusal I have seen on this forum. T4 and T4A are based on how your funding agency and university choose to pay you and has nothing to do with the type of work you do or how many hours you spend. They're treating it as if you work for two different employers. This indicates they are clinching to straws to find a reason for rejection. Which makes me suspect you are a male and Iranian.
No.

If you were "working" (and paying tax) you would receive a t4. You aren't working but completing reaserch which is part of your study, so they are funding you (tax free), not paying you a wage / salary. Their is a difference.
 

asbereth

Hero Member
Feb 17, 2012
866
43
Category........
Visa Office......
CPP-Ottawa
NOC Code......
4012
Job Offer........
Pre-Assessed..
App. Filed.......
16-02-2012<br>PR Fee Charged: 05-03-2012<br>PER Received..: 21-03-2012
Doc's Request.
26-02-2013<br>In process.....: 21-03-2013
Med's Request
22-03-2013
Med's Done....
26-03-2013 <br>Med's Received: 15-04-2013 <br>Decision Made: 15-04-2013
Passport Req..
16-04-2013
VISA ISSUED...
29-04-2013 <br>COPR ISSUED..: 15-05-2013<br>VISA RECEIVED: 16-05-2013
LANDED..........
16-05-2013
I personally know two people who got their PR based on RA work, which was non-taxable. They applied last year (March and May 2012), and there should not be any difference in CEC rules between early last year and late last year.

The definition of 'work', pursuant to IRPR Subsection 2, which states that

“work” means an activity for which wages are paid or commission is earned, or that is in direct competition with the activities of Canadian citizens or permanent residents in the Canadian labour market.

http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/page-2.html#docCont
is no different for either CEC or FSWP purpose. Yes, it is true that CURRENTLY (starting January 1 2013), pursuant to IRPR 87.1(3),

any period of employment during which the foreign national was engaged in full-time study shall not be included in calculating a period of work experience
But these guys applied before January 2013, and unless the new stipulation has been applied retroactively, there should not be any reason in rejecting the applications based on the fact that the work experience had been gained while being a full-time student.

There should also not be a problem in declaring work experience, which is remunerated on incomes declared on the T4As. Last year, on February, a representative from the Detroit visa office came to our university, and she made it clear that this would not be a problem. And, it hasn't been a problem for a lot of people. I know tons of people who only claimed TA/RA (and with mostly non-taxable RA work experience) who already landed and became PR's.

And I am one of those people. My claimed work experience was mostly non-taxable RA from a Canadian university (most of my incomes were research funding, which was not declared on the T4's). I made this very clear on my work experience letter, and they did not have any problem with it (else I too would've been rejected; I'm a PR now).

This rejection may be justified if the applicants have applied after January 2013, and have been taking classes full-time during the claimed period of work experience (full-time study means 15 hours of instructions), but it is certainly not the case with both pari_p and RA_toronto.