~ CEC refusal after 1 year of waiting ( Need help )

[bettercallsaul.]

I applied on July 5th 2018 and received AOR same day.

According to GCMS notes I had review required for a one of the canadian experiences.
( For that experience employer did not provide any kind of letters, stubs and misrepresented my employment status as self-employed ) ( So, as a proof I submitted self-affidavit with commissioner of oaths stamp + Ruling from CRA with determined my status as employee + Decision from Ministry of Labour where employer got order to pay wages and notice of contravention, also I submitted T4 which I got from CRA, and couple checks ).

Its been i review required since August 2018, and waiting for officer's decision.

On July 5th, 2019 ( Exactly one year after AOR ), I noticed my profile was updated, and BG status changed from "reviewing" to " Not Applicable".
Very next day, I gave a call to CIC, and agent told me that my application has been refused and I should receive refusal letter soon.

My online profile still says, that they reviewing eligibility and final decision not made yet, and I did not received any refusal letter so far.

The question is, might it be the agent mistake? Or maybe some kind of system glitch so agent interpreted it wrong? Because, it looks a little bit weird due to Application Updated Exactly 1 year after AOR at midnight.

Any suggestions or advices would be strongly appreciated.

Thank you!

 

[bettercallsaul.]

@legalfalcon

 

[Dhabaan]

I applied on July 5th 2018 and received AOR same day.

According to GCMS notes I had review required for a one of the canadian experiences.
( For that experience employer did not provide any kind of letters, stubs and misrepresented my employment status as self-employed ) ( So, as a proof I submitted self-affidavit with commissioner of oaths stamp + Ruling from CRA with determined my status as employee + Decision from Ministry of Labour where employer got order to pay wages and notice of contravention, also I submitted T4 which I got from CRA, and couple checks ).

Its been i review required since August 2018, and waiting for officer's decision.

On July 5th, 2019 ( Exactly one year after AOR ), I noticed my profile was updated, and BG status changed from "reviewing" to " Not Applicable".
Very next day, I gave a call to CIC, and agent told me that my application has been refused and I should receive refusal letter soon.

My online profile still says, that they reviewing eligibility and final decision not made yet, and I did not received any refusal letter so far.

The question is, might it be the agent mistake? Or maybe some kind of system glitch so agent interpreted it wrong? Because, it looks a little bit weird due to Application Updated Exactly 1 year after AOR at midnight.

Any suggestions or advices would be strongly appreciated.

Thank you!

Can you share more details about your Canadian experience, NOC, reason why your employer didnt give your a RF? was your job full time? did you submit these supporting documents with your application or later by how many days/weeks?

 

[bettercallsaul.]

Can you share more details about your Canadian experience, NOC, reason why your employer didnt give your a RF? was your job full time? did you submit these supporting documents with your application or later by how many days/weeks?

8 months of Test Analyst at major Canadian Bank ( that experience was fine )
6 month of Pipefitter/Plumber ( employer did not provide because he misrepresented my employee status as self employed, after termination I won ruling from CRA where they determined my status as employee and forced employer to submit T4, also I won complaint with Ministry of Labour where they forced employer to pay Vacation Pay, taxes etc., + fines ).

I submitted all documents together, only CRA ruling and Decision from MOL like a month-two after AOR.

That job was full time, I was working like 5-6 days a week. It was just shady employer who acted in bad faith regarding me for his own benefit, or maybe he was not like my face. No idea.

 

[Dhabaan]

It seems like the ircc for some reason only calculated your 8 months experience. Beside, i think the NOC of your first job might be different from that of the second one! The overall, if the ircc was convinced that you have not fulfilled the Canadian experience then your app ended up with this result. Just wondering, you knew that your app was in review required since one month after AOR! and you send them these supporting documents, why they waited that whole long time to finally refuse your app!

 

[bettercallsaul.]

It seems like the ircc for some reason only calculated your 8 months experience. Beside, i think the NOC of your first job might be different from that of the second one! The overall, if the ircc was convinced that you have not fulfilled the Canadian experience then your app ended up with this result. Just wondering, you knew that your app was in review required since one month after AOR! and you send them these supporting documents, why they waited that whole long time to finally refuse your app!

NOC different for each job. But as far as I informed, for CEC it’s not mandatory to be 1 year on the same noc. Also, first job related to my studies in Canada, and second one supported with trade license which I obtained by passing exam.

I hope it might be some kind of mistake, or call center agent just made a joke.
It can’t be true, according to GCMS my file was collecting dust for 11 months.
After 6 years living in Canada, studying, working etc. just a rejection.

 

[Dhabaan]

NOC different for each job. But as far as I informed, for CEC it’s not mandatory to be 1 year on the same noc. Also, first job related to my studies in Canada, and second one supported with trade license which I obtained by passing exam.

I hope it might be some kind of mistake, or call center agent just made a joke.
It can’t be true, according to GCMS my file was collecting dust for 11 months.
After 6 years living in Canada, studying, working etc. just a rejection.

Agree with you, you dont need 1 year in on NOC, but thinking the reason could be not counting your second experience especially you didnt submit its supporting documents when you submitted your app, and only after one month. also the dispute between you and your employer, these both points could elicit some kind of suspicion with the ircc officer! just guessing as your eligibility was review required from the beginning

 

[scylla]

If there is a problem with your application, I agree the issue is likely with your six month job. What evidence did you submit in addition to the CRA and MOL information to prove this work experience? Specifically, what evidence did you include that showed a list of your job duties for this position?

 

[bettercallsaul.]

If there is a problem with your application, I agree the issue is likely with your six month job. What evidence did you submit in addition to the CRA and MOL information to prove this work experience? Specifically, what evidence did you include that showed a list of your job duties for this position?

- Self-affidavit with notary public stamp and signature ( mentioned that statements in affidavit sworn under oath ).
- T4
- couple paychecks
- trade certificate ( Drain Layer ) ( took exam for it )
- MOL and CRA submitted 1-2 months after AOR, because I received them later.

( On CIC website self declared duties not acceptable for self employed experience, but if applicant was employee then it should be fine )
There are lot of small employers, who doing that kind of things and I can’t believe that CIC not aware of that.

 

[scylla]

- Self-affidavit with notary public stamp and signature ( mentioned that statements in affidavit sworn under oath ).
- T4
- couple paychecks
- trade certificate ( Drain Layer ) ( took exam for it )
- MOL and CRA submitted 1-2 months after AOR, because I received them later.

( On CIC website self declared duties not acceptable for self employed experience, but if applicant was employee then it should be fine )
There are lot of small employers, who doing that kind of things and I can’t believe that CIC not aware of that.

Self declared duties are generally not accepted by IRCC (regardless of whether you are self employed or not).

Anyway - not sure there's much you can do at this point but wait for an update.

Good luck - hope it works out and you get positive news.

 

[donkykong]

This is awful, I’m so sorry. I have heard people contest refusal decisions successfully so don’t give up all hope for this application.

 

[bettercallsaul.]

Ok. Why online account says still reviewing eligibility and final decision not made yet, tho? And still not received refusal letter. The only one who told me about refusal was the call center agent who barely speak English.

 

[jes_ON]

- Self-affidavit with notary public stamp and signature ( mentioned that statements in affidavit sworn under oath )....
( On CIC website self declared duties not acceptable for self employed experience, but if applicant was employee then it should be fine )

Sorry, that is not a correct assumption, because for employees, it is the employer that declares the job dutes and a responsibilities in the letter of reference.

I agree with Scylla, the lack of independent evidence of your job duties and responsibilities means that the VO cannot verify your NOC, that was the likely cause of refusal.

The suggestion I would have made when you were preparing your application would be to get letters (unofficial) from former co-workers and/or customers that attested to the work you perofrmed (again, job duties/responsibilities). Contract, written positiion description - anything to help verify you did the work of the NOC you claimed.

There are lot of small employers, who doing that kind of things and I can’t believe that CIC not aware of that.

They are aware of that (and the fact that applicants often collude with shady employers to cheat), and I applaud you for having the guts to go for a CRA ruling - and winning, congrats! If more people did that, then the so-called dependent contractor class would shrink, and fewer people subject to such problems.

Unfortunately, after the decision is made, it can take a week or two for the letter to get processed - things get done in batches - you will get it soon enough.

If it turns out to be the issue, you at least have some idea of how to fix the problem and re-apply...

 

[bettercallsaul.]

It’s been 20 days, no refusal letter and still reviewing eligibility and decision not made.
May it be any chances that call center agent told me about refusal, so I’m not bothering them anymore? Cause I called, emailed and ordered gcms too many times

 

[huzm]

It’s been 20 days, no refusal letter and still reviewing eligibility and decision not made.
May it be any chances that call center agent told me about refusal, so I’m not bothering them anymore? Cause I called, emailed and ordered gcms too many times

Sorry to hear that. You could easily verify what the agent said by calling them again.