CEC Refused. Need some help!

[SolarEgg]

After 7months of waiting and got refused. The reason seems to be that I didn't attach T4 and transcript from school. Is it possible to submit it and ask for case reopening?

Here's the letter from CPC

Dear AAA

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,

· Canadian educational credentials (for the Post-Graduation Stream only).

Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada: NOC 5241 director

I am not satisfied that you meet the skilled work experience and Canadian educational credential requirements based on the information provided. You failed to provide transcripts from the Vancouver Film School. You provided a copy of a diploma from the school issued on 25/02/11 in 3D Animation & Visual Effects. Information on file and obtained from the Vancouver Film School website indicates this was a one year program of study and accordingly is not a qualifying educational credential under the Canadian Experience Class. In support of your work experience under NOC 5241 you provided a letter dated September 18, 2012 from Rhythm & Hues Studios confirming your start date of 19/09/11 and listing an annual salary. You failed to provide any supporting documents, such as T4 and Notice of Assessment statements that satisfied me that you had obtained remuneration from this company. Consequently, you have failed to demonstrate that you have acquired qualifying full-time skilled work experience in Canada at a National Occupational Classification skill of type O or level A or B.

You provided updated documentation stating you entered into a common -law relationship with BBB. You stated on your updated IMM8 application form that you entered a common-law relationship on 12/2/13. The IMM5409 form provided stated you cohabited from 12/02/12. In support of your relationship you provided a copy of a residential tenancy agreement stating tenancy starts on 01/06/12. From the information provided I was not satisfied that your relationship met the definition of a common-law relationship as per the definition under the Act and Regulations.




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.



Thank you for the interest you have shown in Canada.



Yours sincerely,



Case Officer
Citizenship and Immigration Canada

 

[pjcanada]

You may try your luck..but normally VO will not re-open the case once decision is made.

I would suggest to re-apply with all missing evidences.

 

[sashali78]

After 7months of waiting and got refused. The reason seems to be that I didn't attach T4 and transcript from school. Is it possible to submit it and ask for case reopening?

Here's the letter from CPC

Dear AAA

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,

· Canadian educational credentials (for the Post-Graduation Stream only).

Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada: NOC 5241 director

I am not satisfied that you meet the skilled work experience and Canadian educational credential requirements based on the information provided. You failed to provide transcripts from the Vancouver Film School. You provided a copy of a diploma from the school issued on 25/02/11 in 3D Animation & Visual Effects. Information on file and obtained from the Vancouver Film School website indicates this was a one year program of study and accordingly is not a qualifying educational credential under the Canadian Experience Class. In support of your work experience under NOC 5241 you provided a letter dated September 18, 2012 from Rhythm & Hues Studios confirming your start date of 19/09/11 and listing an annual salary. You failed to provide any supporting documents, such as T4 and Notice of Assessment statements that satisfied me that you had obtained remuneration from this company. Consequently, you have failed to demonstrate that you have acquired qualifying full-time skilled work experience in Canada at a National Occupational Classification skill of type O or level A or B.

You provided updated documentation stating you entered into a common -law relationship with BBB. You stated on your updated IMM8 application form that you entered a common-law relationship on 12/2/13. The IMM5409 form provided stated you cohabited from 12/02/12. In support of your relationship you provided a copy of a residential tenancy agreement stating tenancy starts on 01/06/12. From the information provided I was not satisfied that your relationship met the definition of a common-law relationship as per the definition under the Act and Regulations.




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.



Thank you for the interest you have shown in Canada.



Yours sincerely,



Case Officer
Citizenship and Immigration Canada

Sorry to hear about your rejection but to me it seems that there is nothing you can do. From what I read, the main reason for your rejection is the fact that your studies do not qualify for the post graduate stream of CEC. Missing T4 is just a contributing factor, therefore, no documents you can provide now will resurrect your application.
Your best chance would be to re-apply. Since in 2013 there is only one stream under CEC, which requires just 12 months of experience, and given that your work experience was gained with appropriate work permits you should qualify. Good luck!

 

[scylla]

After 7months of waiting and got refused. The reason seems to be that I didn't attach T4 and transcript from school. Is it possible to submit it and ask for case reopening?

You have to reapply. Asking them to reopen the case won't work because your application was refused for more than one reason.

Yes - you were refused because you failed to include a T4. But you were also refused because the schooling you completed in Canada didn't qualify you to apply through the CEC Post-Graduate stream. Since you applied before January of this year, the only way you can be approved with only one year of work experience is if you have completed education in Canada that qualifies you for the CEC Post-Graduate steam. But since you haven't completed the required education, your application will be refused even if you provide the T4. In other words, you applied for something you didn't qualify for.

You need to apply again from scratch.

 

[SolarEgg]

Sorry to hear about your rejection but to me it seems that there is nothing you can do. From what I read, the main reason for your rejection is the fact that your studies do not qualify for the post graduate stream of CEC. Missing T4 is just a contributing factor, therefore, no documents you can provide now will resurrect your application.
Your best chance would be to re-apply. Since in 2013 there is only one stream under CEC, which requires just 12 months of experience, and given that your work experience was gained with appropriate work permits you should qualify. Good luck!

So what you mean is that I totally applied the wrong program?? I was working under post graduation working ermit, and still working under LMO now. Should be no problem with the 12 month working experience.

Btw does it require a 2 years program or 2 year studies? Cause I finished another 1 year program at the same school. Will it help? I don't mind reapply it but wanna cut down the processing time if possible.

 

[sashali78]

So what you mean is that I totally applied the wrong program?? I was working under post graduation working ermit, and still working under LMO now. Should be no problem with the 12 month working experience.

Btw does it require a 2 years program or 2 year studies? Cause I finished another 1 year program at the same school. Will it help? I don't mind reapply it but wanna cut down the processing time if possible.

Seems that you applied under the program for which you do not qualify in the first place. If I remember correctly, the graduation program needs to be at least a 2-year study program.
Anyhow, if you worked for at least 12 months, with a valid work permit you can apply under the new 2013 CEC rules. The processing times now are anywhere between 8-12 months so it should be quick enough.

 

[scylla]

Btw does it require a 2 years program or 2 year studies? Cause I finished another 1 year program at the same school. Will it help? I don't mind reapply it but wanna cut down the processing time if possible.

2 year program.

 

[SolarEgg]

You have to reapply. Asking them to reopen the case won't work because your application was refused for more than one reason.

Yes - you were refused because you failed to include a T4. But you were also refused because the schooling you completed in Canada didn't qualify you to apply through the CEC Post-Graduate stream. Since you applied before January of this year, the only way you can be approved with only one year of work experience is if you have completed education in Canada that qualifies you for the CEC Post-Graduate steam. But since you haven't completed the required education, your application will be refused even if you provide the T4. In other words, you applied for something you didn't qualify for.

You need to apply again from scratch.

If I'm starting from scratch, will I need to retake the English test? Or can I use the previous test result ? I still have one extra copy.

 

[SolarEgg]

Thanks everyone. I guess I just applied too fast and did read the guide line through. I wouldn't qualify by any chance last year. I remember it was study + 1 year working or 2 years working right?

Can I get the application fee back through filing tax? I heard my coworker said that I can but I don't how it really work. Any idea ?

 

[yahoo7]

Very sorry to hear about ur rejection. When did you file your application?

 

[SolarEgg]

Very sorry to hear about ur rejection. When did you file your application?

Early Oct. 2012.

Should have read the webpage more carefully. And will save me $550

 

[SenoritaBella]

In addition to what the others have indicated, it seems you need to provide more information to establish your common-law relationship. You provided a lease agreement commencing on 01Jun2012. That created the impression that you were co-habiting for the first time from that date and it's not been one year yet.
If you guys had been living together prior to June 2012, then you need to provide additional information such joint bank accounts, bills, letters sent to same address, do your payslips show the same address as your partner? etc

 

[PB02]

That's a great point SenoritaBella has mentioned....

About English test...it is valid for two years...If it is two years old from the date you apply your new application then you need to write the test again....The extra copy you have - Is it an official score?

 

[SolarEgg]

In addition to what the others have indicated, it seems you need to provide more information to establish your common-law relationship. You provided a lease agreement commencing on 01Jun2012. That created the impression that you were co-habiting for the first time from that date and it's not been one year yet.
If you guys had been living together prior to June 2012, then you need to provide additional information such joint bank accounts, bills, letters sent to same address, do your payslips show the same address as your partner? etc

Thanks for bringing this up. We were living together for quite a while but we always rent without a contract. And a lot of our bills are electronically send via email. Does bank or phone company keep the address changing record? Or maybe ICBC has it?

 

[SolarEgg]

That's a great point SenoritaBella has mentioned....

About English test...it is valid for two years...If it is two years old from the date you apply your new application then you need to write the test again....The extra copy you have - Is it an official score?

Than I should be fine. The extra copy is same as the one I sent before. Same paper same printing.