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

[alijumani]

OMG! I am exactly in the same situation as you have. Graduated from school on December 14, 2012 and I was working since October 16, 2012 part time. Got my PGWP on March 11, 2013. Applied for CEC on February 24, 2014. Mentioned my diploma and college letter stating I was graduated on December 14, 2012 as evidence.

 

[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I believe that your rejection is a mistake based on the visa officer using an outdated manual.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At the top of the old manual, it says it is outdated: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.

Hi Leon,
Do you know how to appeal in the court? Can I do it by my-self?

 

[pj11]

If you r sure this is a mistake at their part. you should contact your local MPs office and speak to them about it. They might be able to help you with this

 

[flapmyp]

" prior the submission of your application because our records indicate that you were only given your post
graduate work permit on 2013/03/20."


it clearly states that the experience before march 20th 2013 is not counted , cuz u only got ure pGWP on 20th march 2013, and before that u used ure OCWP which is not counted i guess

so i guess u need to apply again, but im surprised that u got rejected after paying ure RPRF ..

 

[canadacec123]

Any body knows, how to appeal in court?

 

[canadavisa13]

Hi,

you should just reapply if you still meet the requirements as it will be faster and cost less then appealing the officer's decision.
you will need a lawyer its not something you can do yourself,the judge will request you to get a lawyer before he can look at your case....remember its a lawyer not a consultant and will be somewhere around $5000 and up....if you do appeal and the judge approves your case then cic will be ordered to reopen your file and an officer has to review it all over again...its really a time consuming lenghty process.

have you received an email from ottawa that stated: you have been found eligible for the class under which you have applied?when you got your RPRF request.

 

[canadacec123]

RPRF was upfront. I was going to do my UFM tomorrow.

 

[canadavisa13]

now my doubts are clarified because im 100% sure that when cic issue RPRF request eligibility is passed and its just matter of admissibility.
this is the risk of doing upfront medical and paying upfront RPRF but don't worry the latter is refundable you just have to send an inquiry.
its clear that the officer did not consider your work experience under OCWP even though it was after graduation,why?no one knows what elements the officer used to asses your eligibility.
you can order GCMS notes for a clear idea before you reapply to address the issue....GCMS notes are free and takes a month to be ready.

 

[rickycameron]

This is same situation happen to my buddy. He tried to reopen the file and they rejected it again by stating the same reason.

Any thing before graduation CIC is not counting as experience. I am pretty sure, if you apply for PGWP before graduation and start working on PGWP, CIC should consider that experience. Based on this you can challenge your application.


Here is the simple steps:

1. Find your local MP and get appointment.
2. Explain them clearly and make sure you have perfect data from your side including dates. (You have to make them believe that VO has done something wrong).
3. That's it, Either they will communicate with CIC or They will give you letter on MP letter head stating your issue and request CIC to re-open your file. (remember CIC still can reject your file based on same grounds)
4. If you are so sure about your dates then go for it or simple re-apply you may get it faster.


My friend case he re-applied and got it for second time

 

[canadacec123]

This is same situation happen to my buddy. He tried to reopen the file and they rejected it again by stating the same reason.

Any thing before graduation CIC is not counting as experience. I am pretty sure, if you apply for PGWP before graduation and start working on PGWP, CIC should consider that experience. Based on this you can challenge your application.


Here is the simple steps:

1. Find your local MP and get appointment.
2. Explain them clearly and make sure you have perfect data from your side including dates. (You have to make them believe that VO has done something wrong).
3. That's it, Either they will communicate with CIC or They will give you letter on MP letter head stating your issue and request CIC to re-open your file. (remember CIC still can reject your file based on same grounds)
4. If you are so sure about your dates then go for it or simple re-apply you may get it faster.


My friend case he re-applied and got it for second time

Thank you Rickycameron. That is a good idea.

 

[canadacec123]

Hi Guys,
I am going to re-apply for the CEC. Since, I am refused for immigration so I have to give explanation for the following in Schedule A 6.d.
been refused refugee status, an immigrant or permanent resident visa (including a Certificat de sélection du Québec (CSQ) or application to the Provincial Nominee Program) or visitor or temp

Should I mention that I was eligible and it was VO's mistake?

 

[Leon]

Hi Guys,
I am going to re-apply for the CEC. Since, I am refused for immigration so I have to give explanation for the following in Schedule A 6.d.
been refused refugee status, an immigrant or permanent resident visa (including a Certificat de sélection du Québec (CSQ) or application to the Provincial Nominee Program) or visitor or temp

Should I mention that I was eligible and it was VO's mistake?

In case you get the same VO, you might not want to say directly that it was their mistake. You can state that according to the new manual stating that off-campus experience is not eligible during the time you were a full time student, you applied with partly off-campus from after graduation as well as mostly post-grad work permit experience but you were still denied because the interpretation of the VO was that no off-campus experience at all, full time student or not, was eligible. You can leave it up to the VO to consider that or not but in any case, you are applying again so they will assess your eligibility now and not for the old application.

 

[7799]

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.

OP-25 A
Section 6.3 , page 6

For a student who had graduated from a Canadian post-secondary institution, only work experience gained after graduation will count towards meeting the work experience requirement (e.g., post-graduate work permit).

 

[Goku]

OP-25 A
Section 6.3 , page 6

For a student who had graduated from a Canadian post-secondary institution, only work experience gained after graduation will count towards meeting the work experience requirement (e.g., post-graduate work permit).

I agree with leon. The thing you are saying is mentioned on OP25a but thats not true. Experience under OCWP counts for sure.

 

[canadacec123]

I know. I would say that was just a bad luck of mine.