April 2012 PR applications

[noidea4id]

Sorry to hear about your rejection. You can use a lawyer, but be prepared for the fees, in the $5,000 - $10,000 range.

if you will have 2 years experience in July 15th 2013, then it means that you worked the full year of 2012, then you can reapply CEC in January. New rules will be unveiled, and while this is not official yet, the requirement for skilled work experience is expected to be lowered to 1 year, you would then be eligible.

If it was me, I would wait January and reapply, but this is just my opinion.

 

[Andy2109]

I second this thought.

Keep your fingers crossed. The new rules should be unveiled in the next 02 months and will be effective 01 Jan 2013. You will have a stronger case to apply then.

 

[orko]

Now I went to University for a four years Business program and graduated in like June 2009. I dont understand why they rejected my application saying that the transcript indicates that you were not registered in full time studies for two years. I will get full 24 months of Work Experience on July 15th 2013, but I applied based on education plus 1 year of work experience.

This is really disappointing since I have been in Canada since 2004. Is there a way to appeal this? Should I contact a lawyer?

Really sorry to hear your situation.
The requirement is to have 2 years of full time study... does it mean that you did not have 2 years of full time studies in Canada? Can you put your semesters like this: [i.e: Fall 2004: full time(4 courses), Winter 2004: part time (2 courses)], so that we get some idea what is going on?

 

[androme]

Guys my PR (CEC) Application got Rejected. Here is what they sent me

Dear xxxxxxxx

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: User support technician NOC 2282 Level B.

I am not satisfied that you meet the skilled work experience and the Canadian educational credentials requirements because although you did obtain a degree from a Canadian institution your transcript indicates that you were not registered in full time studies for two years therefore I evaluated your application under the worker stream and you have not acquired 24 months of full-time employment in the 36 months prior to the submission of your application in a NOC level A, B, 0.

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.

Now I went to University for a four years Business program and graduated in like June 2009. I dont understand why they rejected my application saying that the transcript indicates that you were not registered in full time studies for two years. I will get full 24 months of Work Experience on July 15th 2013, but I applied based on education plus 1 year of work experience.

This is really disappointing since I have been in Canada since 2004. Is there a way to appeal this? Should I contact a lawyer?

I think you should definitely appeal this. If you ahve full time education and 1 year of work eperience then the reasons for rejection are baseless and absurd to say the least. However, the VO has specified that your transcript Indicates that you were not registered for full time studies for 2 yrs. Please check your transcript and find out what suggests that you were not registered for 2 yrs as F/T student. If you find anything in the transcript which has caused a misunderstanding and if you can explain that misunderstanding in a clear and concise manner in a word document, I don't think you need to waste money on a lawyer (trust me when I say this, lawyers will suck your last drop of bllo if they could. Ask me, I am going through a lawyer myself). Don't panic. The Vo has given clear reasons regarding the rejection. He just fell short of writing that "if you can explain your transcript or get 2 years of experience then you would def be qualified". So check your transcript. If possible get a letter from your university's visa assistance office. Once you can explain the issue to VO send in yor application once again. Keep posting your issues and update over here. I am sure we all can help. DOn't worry, this is just a minor glitch. Good luck!.

 

[bold9k]

Hey guys thanks for the help.

Well I started university in 2004 and there were some semesters where I was part time and some semesters where I was full time. Initially I was kind of partying alot and sometimes would take 3 courses then the recommended 4 lol.. but for the most part I was full time taking between 4-5 courses a semester. There might have been a semester or two during the last two years at universtiy where I might have taken three courses rather than 4. If I knew this was going to bite me in the rear for my immigration I would have never done this.

I did graduate in 2009. Is that a problem?

How do i go about with the appeal process. DO i just reply to my rejected email? Also rationally speaking if they are going to change the process to 1 year in January why reject my application for less work experience in end of October now? Right now I have around 18 months of full time work experience AND I even have a positive LMO till 2014

 

[orko]

Hey guys thanks for the help.

Well I started university in 2004 and there were some semesters where I was part time and some semesters where I was full time. Initially I was kind of partying alot and sometimes would take 3 courses then the recommended 4 lol.. but for the most part I was full time taking between 4-5 courses a semester. There might have been a semester or two during the last two years at universtiy where I might have taken three courses rather than 4. If I knew this was going to bite me in the rear for my immigration I would have never done this.

I did graduate in 2009. Is that a problem?

How do i go about with the appeal process. DO i just reply to my rejected email? Also rationally speaking if they are going to change the process to 1 year in January why reject my application for less work experience in end of October now? Right now I have around 18 months of full time work experience AND I even have a positive LMO till 2014

Oopss.. Don't see any reason for which graduating in 2009 is a problem. You need to apply within 1 year of your last work day in Canada. There are weird policies at some school. Let's say, in my school (Carleton), if you have 3 course in one semester you are considered as full time; however in 2 semester all together you have to have 8 courses. So taking this example, if you had 2+5 or 3+4 courses, you would still considered as part time. This is just an example, and every school has different definition about full times. I would suggest you should contact your university to find out if the fact is true that you don't have 2 years of full time study. If so, then there is no point of proceeding with it (post graduate criteria unless it is changed). However, if they can confirm you that you have 2 years of full time study, you could go to lawyer to proceed further.
Also, I agree with others that you can always re-apply after january 2012 under new law.

 

[bold9k]

Sorry to hear about your rejection. You can use a lawyer, but be prepared for the fees, in the $5,000 - $10,000 range.

5000- 10,000

There is no way i can afford that. I contacted David Cohens office and they said that they would charge 1900 in three instalments not including the fee that we have to pay CPP. Also will CPP-Ottawa send my documents back? Because I really dont want to fill up everything again from scratch.

 

[bold9k]

Really sorry to hear your situation.
The requirement is to have 2 years of full time study... does it mean that you did not have 2 years of full time studies in Canada? Can you put your semesters like this: [i.e: Fall 2004: full time(4 courses), Winter 2004: part time (2 courses)], so that we get some idea what is going on?

Semester 1 (5)
Semster 2 (3)
Semster 3 (4) summer
Semster 5 (3)
Semester 6 (1) - summer
Semester 7 (3)
Semester 8 (3)
Semester 9 (3) - summer
Semester 10 (4)
Semester 11 (4)
Semestser 12 (4)
Semester 13 (6)

Yea i know its a lot of semesters but still ..

 

[noidea4id]

If Cohens charges you $1,900 then it does not sound too bad compared to what I heard (average $5,000). Make sure you ask for the grand total, because with the side fees and other taxes, it can climb up quickly.

CPP-O will return the totality of your application. Be careful about the time sensitive paperwork (police clearance <3 months, check your language test validity, you should get a fresh employment letter as well, same content, current date)

If money is an issue, again, I think you would be better off being patient another 2 months. Man, that sucks, I hope you will find a solution.

 

[bold9k]

If Cohens charges you $1,900 then it does not sound too bad compared to what I heard (average $5,000). Make sure you ask for the grand total, because with the side fees and other taxes, it can climb up quickly.

CPP-O will return the totality of your application. Be careful about the time sensitive paperwork (police clearance <3 months, check your language test validity, you should get a fresh employment letter as well, same content, current date)

If money is an issue, again, I think you would be better off being patient another 2 months. Man, that sucks, I hope you will find a solution.

Hey thanks alot for your response. I understand that I don't qualify for the 24 month worker category (currently sittting at 18 months). Cant they just put my application on hold till January and then proceed again instead of me sending the same documents all over again (with updated dates ofcourse) and paying 550 dollars again.

 

[androme]

Hey thanks alot for your response. I understand that I don't qualify for the 24 month worker category (currently sittting at 18 months). Cant they just put my application on hold till January and then proceed again instead of me sending the same documents all over again (with updated dates ofcourse) and paying 550 dollars again.

Its a business buddy as far as Canada is concerned. If they reject you now, they stand to make more money from the same person for the same thing twice. SOmetimes I feel like even VO's are given monetary targets just like the COPS and they tend to achieve that target by rejecting cases like yours. Just my conspiracy theory. I hope its not true.

 

[bold9k]

Its a business buddy as far as Canada is concerned. If they reject you now, they stand to make more money from the same person for the same thing twice. SOmetimes I feel like even VO's are given monetary targets just like the COPS and they tend to achieve that target by rejecting cases like yours. Just my conspiracy theory. I hope its not true.

Thanks Androme,

If i knew back then that being P/T in some semestera and fulltime in other semesters was going to be such a major issue I would have taken 10 course every semester. I think CPP-Ottawa is being extremely harsh considering I have been in the country since 2004, have studied here and been working here.

I don't know how true it is but I heard that once you get rejected it gets a lot harder to get your Permenant residency

 

[ujbaby]

Thanks Androme,

If i knew back then that being P/T in some semestera and fulltime in other semesters was going to be such a major issue I would have taken 10 course every semester. I think CPP-Ottawa is being extremely harsh considering I have been in the country since 2004, have studied here and been working here.

I don't know how true it is but I heard that once you get rejected it gets a lot harder to get your Permenant residency

sorry about ur rejection dear.. it really hurts especially when u have been in canada for long time. I also applied and waiting for aor since august 2012 . Canada have never been treating me fairly too. I have been here for long time studying and finally have applied under cec. I am also moving to another province cos i recently get full time job offer. Which province are u currently residing?? I advice u to look into provincial nominee program. I will do the same as soon as i worked in this new province for 6 months and i know that once u got nominated, no officer will have the right to reject ur application. I wish u all the best and pls dont give up cos once their is life, their is hope....

 

[bold9k]

sorry about ur rejection dear.. it really hurts especially when u have been in canada for long time. I also applied and waiting for aor since august 2012 . Canada have never been treating me fairly too. I have been here for long time studying and finally have applied under cec. I am also moving to another province cos i recently get full time job offer. Which province are u currently residing?? I advice u to look into provincial nominee program. I will do the same as soon as i worked in this new province for 6 months and i know that once u got nominated, no officer will have the right to reject ur application. I wish u all the best and pls dont give up cos once their is life, their is hope....

Hey Ujbaby

Unfortuantely I can't work for any other employer since I have a Positive LMO which is bounded to my exisiting employer till 2014 so i cant work in any other location or employer.

Recently my company was considering promoting me to a Project Coordinator position for our business services division and I cant even do that job simply because my NOC Occupation as a Project Coordinator is different then my exisitng NOC code. So my company would have to apply for a whole new LMO for me.

It really sucks how restrictive the immigration and work process is.

 

[Ozge]

Sorry about your rejection. It really doesn't make sense. According to the cic website, you need to have two years of study – At least 16 months—or four semesters—within the 24 months before completing a full-time post-secondary program of study in Canada. 4 courses was considered a "full time" student at my university but 3 is part time. And from what you wrote above, looks like you were full time in last 16 months. How many courses were considered full time at your school?

Semester 1 (5)
Semster 2 (3)
Semster 3 (4) summer
Semster 5 (3)
Semester 6 (1) - summer
Semester 7 (3)
Semester 8 (3)
Semester 9 (3) - summer
Semester 10 (4)
Semester 11 (4)
Semestser 12 (4)
Semester 13 (6)

Yea i know its a lot of semesters but still ..