CEC file rejected...How to request to re-open

[canadacec123]

Hi All,
I got my file rejected today. Following is the response from CIC.

FYI, I had finished my graduation on December 14, 2012 and claimed work experience from December 14, 2012 to December 18, 2013.

I want to request to re-consider the decision. How can I proceed?

I also had provided the college letter that says I was graduated on December 14, 2012.


I am not satisfied that you meet the skilled work experience requirement based on the information
provided. In support of your stated work experience, you provided a letter dated 2013/ 12/18 from <My employer>, stating that you worked as a Quality Analyst from 2012/12/19 to 2013/12/20
which is the lock-in date of your application. This letter of employment from your employers did not
satisfy me that you have completed one year of skilled work experience in a NOC 0, A or B occupation
prior the submission of your application because our records indicate that you were only given your post
graduate work permit on 2013/03/20. You have held full time student status prior to the lock-in date
(2013/12/20) and you are therefore not eligible to claim work experience before this date.
As such, you do not meet the work experience requirement of the Canadian Experience Class

 

[Hichaman]

I'm sorry to hear that my friend , are you still working? can you prove that you accumulated the 1 year of experience as of today? did you work after december 19 2013?

 

[canadacec123]

I'm sorry to hear that my friend , are you still working? can you prove that you accumulated the 1 year of experience as of today? did you work after december 19 2013?

Yes I am currently working in the same company but under different. I am gonna reapply anyways but I would like to request to reconsider the decision.

Do you know what would happen to my RPRF payment?

 

[pratikpatel2710]

hi

sorry to hear that buddy.

i am in same boat. i just applied in june but with same situation. when did you apply and howlong did it take to get rejected?..

thank you

 

[canadacec123]

hi

sorry to hear that buddy.

i am in same boat. i just applied in june but with same situation. when did you apply and howlong did it take to get rejected?..

thank you

In December 20, 2013. and got rejected today.

 

[LPS]

Hi All,
I got my file rejected today. Following is the response from CIC.

FYI, I had finished my graduation on December 14, 2012 and claimed work experience from December 20, 2012 to December 20, 2013.

I want to request to re-consider the decision. How can I proceed?

I also had provided the college letter that says I was graduated on December 14, 2012.


I am not satisfied that you meet the skilled work experience requirement based on the information
provided. In support of your stated work experience, you provided a letter dated 2013/ 12/18 from <My employer>, stating that you worked as a Quality Analyst from 2012/12/19 to 2013/12/20
which is the lock-in date of your application. This letter of employment from your employers did not
satisfy me that you have completed one year of skilled work experience in a NOC 0, A or B occupation
prior the submission of your application because our records indicate that you were only given your post
graduate work permit on 2013/03/20. You have held full time student status prior to the lock-in date
(2013/12/20) and you are therefore not eligible to claim work experience before this date.
As such, you do not meet the work experience requirement of the Canadian Experience Class

I'm not sure why the officer says you "have held full time student status prior to the lock-in date". Surely he/she meant to say that you held full-time student status until the start date on your PGWP (20 March 2013), but this isn't really accurate either if you graduated on 14 December 2012.

So you were authorized to work prior to 20 March 2013? You were on an OCWP?

I'm sorry to hear that my friend , are you still working? can you prove that you accumulated the 1 year of experience as of today? did you work after december 19 2013?

You can't add work experience to an application once it is submitted - this would be a brand new application - the appeal would have to argue that the officer erred when he/she disqualified the work experience.

Do you know what would happen to my RPRF payment?

RPRF is refundable until landing.

 

[canadacec123]

@LPS
Yes. I was graduated on December 14, 2012 and I had OCWP (Expiring April 30, 2013). I was allowed to work before March 20, 2013. I don't know why s/he reject me. May he/She did not look at the college letter.

I did not add any experience after I submit my file.

if I want to appeal the decision how can I do that?

 

[ZingyDNA]

@ LPS
Yes. I was graduated on December 14, 2012 and I had OCWP (Expiring April 30, 2013). I was allowed to work before March 20, 2013. I don't know why s/he reject me. May he/She did not look at the college letter.

I did not add any experience after I submit my file.

if I want to appeal the decision how can I do that?

I never had a study permit and didn't go to school in Canada, so I'm just curious: I heard CEC doesn't allow experience gained as a student, but are you considered a student with an OCWP? If you can continue to use OCWP after graduation, what's the difference between OCWP and PGWP then? Aren't you supposed to use PGWP for Post Graduation?

 

[Leon]

I believe that your rejection is a mistake based on the visa officer using an outdated manual.

Prior to January 2nd 2013, they did not accept work performed on an off campus permit for CEC. You can see this in the old operational manual here: http://www.cic.gc.ca/english/resources/manuals/op/op25-eng.pdf under section 9.11

For the Post-Graduation Stream, the applicant must have obtained 12 months of full-time equivalent Canadian skilled-work experience within the 24 months preceding the date of application [R87.1(2)(a)(i)-(ii)]. This experience must be acquired after they have completed the required program of study and obtained a Canadian educational credential. (Work performed under the Off-Campus Work Permit Program or on a co-op work term does not count).

At the top of the old manual, it says it is outdated:

Date: 2013-01-02
Section 1- Updated this section to clarify that this chapter describes the processing of applications for permanent residence submitted by applicants in the CEC received before January 2, 2013.

Now look at the new manual at http://www.cic.gc.ca/english/resources/manuals/op/op25a-eng.pdf - section 5.1 page 4:

Note: Any period of employment during which the applicant was engaged in full-time study will not be included in calculating the period of qualifying work experience (e.g., work experience gained through co-op work permits, off-campus work permits while a full-time student, and on-campus work permits).

so you see that they now state that they will not count time worked on an off-campus work permit while you were a full time student, implying that they would count it after you have graduated as you are allowed to work full time on an off-campus permit after you graduate as you wait for your PG work permit.

At the top of this manual, it states that it is valid for applications received on or after January 2, 2013:

1. What this chapter is about
This chapter describes the processing of applications for permanent residence submitted by applicants in the Canadian Experience Class (CEC) and received by the Centralized Intake Office (CIO) on or after January 2, 2013.

If you want to try to appeal this, that manual is the key.

 

[canadacec123]

I believe that your rejection is a mistake based on the visa officer using an outdated manual.

Prior to January 2nd 2013, they did not accept work performed on an off campus permit for CEC. You can see this in the old operational manual here: http://www.cic.gc.ca/english/resources/manuals/op/op25-eng.pdf under section 9.11

At the top of the old manual, it says it is outdated:


Now look at the new manual at http://www.cic.gc.ca/english/resources/manuals/op/op25a-eng.pdf - section 5.1 page 4:

so you see that they now state that they will not count time worked on an off-campus work permit while you were a full time student, implying that they would count it after you have graduated as you are allowed to work full time on an off-campus permit after you graduate as you wait for your PG work permit.

At the top of this manual, it states that it is valid for applications received on or after January 2, 2013:

If you want to try to appeal this, that manual is the key.

Awesome Leon. Thanks a lot for pointing this out for me. All I can do is, give you +1. You gave me some hope to request to reconsider their decision.

Thanks a lot.

 

[canadavisa13]

Hi,

how can a reference letter dated december/18/2013 stated that you have worked as......until december/20/2013???? two days ahead of course its going to make the officer rise red flags about your qualifying work experience even though it wasn't the reason why you have been rejected.

 

[Hope1957]

Did you submit proof that you were no longer a full time student after Dec 14/12?

 

[waqas11]

were u rejected after the medical request?

 

[canadacec123]

Hi,

how can a reference letter dated december/18/2013 stated that you have worked as......until december/20/2013???? two days ahead of course its going to make the officer rise red flags about your qualifying work experience even though it wasn't the reason why you have been rejected.

C'mon guys. when I said i worked till december 20. On december 20 my application was received at CIO. So It is CIC, who counted one year before December 20 not me. I claimed till December 18 ONLY. There was no date with 20 at all. Secondly, it is clearly mentioned in the email (see in initial post) they considered me as a student before my PGWP starts on (March 20,2013). That is why they reject me.

 

[canadacec123]

Did you submit proof that you were no longer a full time student after Dec 14/12?

YES. I did submit that. It clearly stated that <my name> has graduated on December 14, 2012. I assume VO did not even look at the other document.