Can I apply under CEC (restoration rejected)

[Nil Krishna]

Hi Seniors, please review my case and suggest !

Due to delay in LMO, my work permit got rejected in August'13 hence I applied for restoration of status & WP extension. After waiting for 4 months, I got rejection of restoration again due to non availability of LMO. We are following up for LMO and service Canada is saying its still in progress (since March'13)!!!
Now I have been ask to leave country immediately which I am doing now and going back to my home country by next week (packing all my belongings)

Meanwhile I was working on documentation and preparation of PR application considering my 2.5 years continuous experience in Canada until August'13. I have completed all formalities and ready with all documents to submit PR. MY IELTS,PCC, reference letters are everything ready along with completed application forms and I have mentioned my current status as Other with comments "Out of status" in my application.

What do you suggest? Can I send application package before I leave the country or go back to my home country and apply from there !!!

Thanks,Nil

 

[lpc19800]

If any of your work was unauthorized then it won't count
But otherwise yes, you can apply either from within Canada or outside canada

 

[Nil Krishna]

Thanks for your reply. I did worked only with authorized work permits. After rejection of work permit in August 2013, I seized the work and waiting for restoration status.
Purpose of checking with all of you seniors because I am currently not working in Canada and leaving by next week. As my reference letter is showing only experience until August 2013, its not up to date. Does it have any problems?

 

[lpc19800]

Thanks for your reply. I did worked only with authorized work permits. After rejection of work permit in August 2013, I seized the work and waiting for restoration status.
Purpose of checking with all of you seniors because I am currently not working in Canada and leaving by next week. As my reference letter is showing only experience until August 2013, its not up to date. Does it have any problems?

If you finished work in august, That's fine. Otherwise I'd try to get an updated one

 

[Nil Krishna]

Hi Seniors,

I have completed my application package and while doing verification , I found below note in the application instruction guide which says "not remained in Canada after the time authorized to do so has expired" and it was suggested to do not submit the application under CEC as it will be refused.

Application for permanent residence — Canadian Experience Class (Instructions guide - IMM 5609)
All applicants must have:
•not remained in Canada after the time authorized to do so has expired

Note. If you do not meet all of the requirements described above, do not submit an application under the Canadian Experience Class as your application will be refused. Check the other immigration classes to see if you satisfy their eligibility criteria. Also check the CIC website regularly for changes to eligibility criteria.

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I learned about my restoration rejection on 31st Dec'13 only and I am packing all my belongings and have confirmed ticket to go back to my home country next week only.
With above condition , I am worried that my application may get rejected. CIC has not given any timeline but mention in the rejection document to leave country immediately.

Is it wise to submit the CEC application before I leave the country and also what is the residence address and current status I should put in my general application form?

Alternatively, I can also apply from my home country by changing residence address of my home country. But I am not sure what is the process to apply from there? Can the same application and all documents should work and do I need to just mail the package directly to CIO in Sydney, Nova Scotia within couple of days after I landed there?

Please advise !

Thanks, Nil

 

[Nil Krishna]

Any suggestions Seniors???

 

[CEC2283]

Yes, in this situation, I think it will be better if you apply from your home country , but you take advise from others , this is what I feel, as CIC as advised you leave country asap ( 31-dec) if you say apply on 6th Jan , then CIC may think you are staying in Canada after you were advised to leave country.

Moreover, there is no difference applying from here or from your Home country as you will be sending your application to same Address Sydney NS

As mentioned this is what I am thinking, you just discuss with other and take their advise too

 

[Nil Krishna]

Thanks CEC2283 for your response.

OK, as you suggested I can apply from my home country India. Do I just need to use the same application package? I think only my mailing address needs to be changed, please confirm.
Also, I am not sure if I need any other approvals in India before sending CEC package. Can I send the same package (without any change except mailing address) via courier to Sydney NS after my landing in India next week?

Seniors please suggest !

 

[Nil Krishna]

Any suggestions Seniors???

 

[kiranvks]

Hi Nil, I think there might be few changes needed like Responsible Visa Office, for India - it will be New Delhi. Also your personal details like Contact information will change, so is your other details like Country of Residence, exit dates from Canada etc..

 

[raagaa]

Hi Nil Krishna,

I was in the same situation as you are. My work permit expired in August 2013. There was very thin chances of making it just in time for LMO thus I took a decision of applying for CEC from home country (India) instead of going on an applied status and then restoration.

Since my job was under skill A and my IELTS score was 7.5 I decided that CEC was the right category for me. I would highly recommend that you do check all the mandatory requirements for CEC whether you meet the requirements or not(since I don't know your NOC code and other details).

In my opinion you should fill out a new application while you're in Canada(with correspondence address of home country) and send out a complete package except Home Country's PCC(In any case please get Canadian PCC while you're in Canada) since that can be submitted later. I'm hoping that you do meet all the requirements and have valid general testing IELTS score ready with you.

The reason for this is that when you post the application from Canada, it is delivered within 2-3 business days however it almost takes 3-4 weeks to make it to Sydney, NS from foreign countries. Mine was held at border security services for more than a week so this will save you some time.
Also, please ensure that you do obtain all the necessary documentation from your employer like letter of reference which states all the necessary details very clearly.

Also, if you plan to follow my advice I'll highly encourage you to go through some of the important posts regarding your application. Something as simple as the case processing office, for all cec applicants irrespective of their location it is CPP-O.
I do understand your situation and I completely empathize with you.
Keep calm and stay strong in the end whatever happens, it does for the right reason.

Regards,
Raagaa

PS: This is simply based on my research and experience please do your research for further validation, just sharing my lessons learnt so far. I'm yet to be a PR.

 

[vark]

Hi Raagaa,

I have a question for you.

you said your work permit expired in Aug 2013, but when did you leave the country and apply for PR?
How long did you take to leave Canada? were you out of status?

Bcoz,
my work permit extension refusal came on 11th April 2014, I and my spouse did not apply for restoration but left the country on 7th May 2014. (after 3 weeks).
Now, I am applying for my CEC from india by this month end. I am worried what will happen as i did not apply for restoration but left Canada after 3 weeks of refusal.

Thanks,
Varun