Canadian Experience Class

[asondj]

I got Permanent Resident as dependent child had basic education too. Moved to Canada as an adult with Graduation. Gained canadian experience one year. My PR was under residency obligation. IAD appeal rejected. returned to Parent country with employer Job Offer with Employer issued experience certificates within a month. So, I applied under CEC. it was rejected after 18 months.
Is that law says that CEC must be gained via temporary/work permit.
Am I wrong choosing a wrong class?
All papers are in order even now. If so can I try now through Express Entry?
Dependant PR should not be considered as CEC applicant?
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After 18 months case rejected. act quoted. anyone has idea?
R87.1(2)Subsection11.1 & 2(1)
to jfmamj:
--------------- CIC decision
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,

· temporary resident status during the period of work experience in Canada

Your application was assessed based on the occupations which you identified as part of your skilled work experience in Canada:

I am not satisfied that you meet the temporary resident status requirements because you did not possess temporary resident status during the period you acquired your stated work experience.

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

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Is there any possibility that Lawyer can reopen the case to succeed?
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[OhWow]

Did you have a work permit?

Write a letter for reconsideration to CIC. Include your work permit. Any proof that shows you were legally admitted to the country.

I also waited 18 months, and I sent a letter for reconsideration because they say I worked in a position that I was not authorized to work in. The problem is, my work permit has the wrong NOC on it, which the immigration officers chose. But my LMO clearly states the position I was really working in, so I was legally allowed to work in that job. I am in all that trouble just because the officer chose the wrong NOC on a piece of paper.

Please, send a letter for reconsideration asap with all evidence that you did the right thing. You have 60 days to appeal after the refusal.

 

[asondj]

I held PR as child because my parents were migrated 15 yrs ago. They lost due to residency obligation. They remain outside Canada. While IAD appeal was in process, I arrieved with PR Card subject to residency obligation. It was rejected. departed on my own within a month. I applied under CEC from outside Canada.
CIC says I did not have temporary/work visa during work experience so it is rejected.
Why did they admit application? they could have rejected it outright. Why after 18 months raise issue?

 

[OhWow]

Why did they admit application? they could have rejected it outright. Why after 18 months raise issue?

Yup. Same here. Waited for 18 months due to backlog. I really hope, it all will end positively. Just because of somebody else's mistake, we have to suffer.

 

[c2h5oh]

What is your timeline here? when did you loos pr status? when was the experience gained etc

Only experience in 3 years prior to application while on valid status allowing you to work (even implied) is ok.

 

[asondj]

worked july-2013-march2014 cec hours gained in pr status. appeal rejected in feb 2014.

 

[jes_ON]

worked july-2013-march2014 cec hours gained in pr status. appeal rejected in feb 2014.

CEC requires at least one full year of full-time work, it looks like you are short a few months (if the above dates are correct).

I also don't understand your "status", you said it was while you were a PR, but you had filed an appeal? It actually sounds like you were out of status the entire time...

 

[asondj]

If you calculate by hours it is qualified. I was not under work permit/temporary visa. It is dependant PR issued in 2000. why admit? they could have reject it. 18 months good time is lost. Can i try in express entry? any possible for reconsideration?

 

[jes_ON]

If you calculate by hours it is qualified.

No, unfortunately, it is not qualified. You have to meet the 1 year AND hours requirement.

The requirement is a minimum of one year of full-time work (or the equivalent in part-time work). Full-time is "at least 30 hours per week." The equivalent in hours (52 weeks * 30 hours =1560 hours) is only provided for part-time workers, so they can calculate the full-time equivalent.