CEC Rejected and Reconsideration denied - What am I missing?

[rob-immigrationstory]

Hi Canada Visa,

Long time reader, first time poster.

I am in a precarious situation with little options at the moment, but I want to check in with this forum for ideas of what is going on.

On July 23rd, 2018, I received an ITA via Express Entry for the CEC class. I was currently working under a Post Graduate Work Permit (PGWP) with a 487 score. I submitted my application and received an AOR on August 25, 2018.

Everything was great, until I received a refusal letter on October 30, 2018 starting that i do not meet the requirements for immigration to Canada. Below is an excerpt from the refusal letter explaining my situation.

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:
 temporary resident status during the qualifying period of work experience in Canada,
 meeting the minimum language proficiency threshold in either English or French, and
 qualifying Canadian skilled work experience.
Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada:
2016-10 to 2018-08 - Institutional Portfolio Risk Analyst (NOC: 1112) - at *Redacted - An Investment Management Firm*
2015-09 to 2016-10 - Operations Analyst (NOC: 2171) - at *Redacted - An Investment Management Firm*
2015-05 to 2015-09 - Research Assistant (NOC: 4012) - at *Redacted - A university Business School Department*
Upon review of your application and submissions, including your letters of employment, I am not satisfied that you meet the one year of qualifying Canadian work experience requirement(s) because I am not satisfied on a balance of probabilities that you have performed the lead statement and main duties of your declared NOCs for these periods of employment. As a result, I am not satisfied on a balance of probabilities that you have acquired, withint he last three years, one year of qualifying Canadian work experience in a skill level 0, A or B NOC.

I was generally confused, I checked my application and did notice that I did not have a comprehensive work experience letter from my manager. Only a letter that contained my titles, and dates, but did not include salary and key points. That is my mistake, and I own it.

On October 31, I contacted my investment management firm managers to help me draft a new letter containing my salary, bonuses, key responsibilities, job title, dates, and information to contact. It was signed on October 31 and I attached my T4s for the last 3 years as well. I sent a letter of reconsideration to the IRCC via webform with an apology and this additional information.

Today, December 27, 2018, I received an information letter stating the following:

RE: Application for Permanent Residence in Canada-Reconsideration This refers to your recent communication received at our office requesting reconsideration for your Application for Permanent Residence in Canada under the Canadian Experience Class. Your application was considered against the requirements of the Immigration and Refugee Protection Act and Regulations and was refused. A letter explaining the reasons for the refusal was sent to you on October 30, 2018. Your request for reconsideration has been reviewed and there are insufficient reasons for re-opening your application. Should you have different or additional information, you may wish to submit a new application. You should understand, however, that a new application would require submission of new processing fees and that any such application would be assessed according to the criteria in effect at that time. As a result, no assurance of success can be offered.

I am not sure what to do now... I sent a second PR application and received an AOR last month, but if or when my bridging the gap open permit is rejected because of this. I would be forced to quit my job and holt my progress in Canada.

Does any one know why I could have been rejected, and if there is anything else I can do to maintain working? Or do I need to accept my fate and begin looking for other options and careers now.

EDIT: If/once my bridging the gap open permit is rejected, I will have to quit my job and my three years of hard work building my career here. Any ideas how I can press forward with my work?

Thank you,

R

 

[ContactFront]

Your application was correctly rejected as you stated yourself that you didn't submit a proper reference letter. There was no use sending in the reconsideration request. That's not how it works. Your application was rejected due to your own mistake. You need to reapply and submit a new application. Full stop.

So the real question is when does your PGWP expire? Since you sent a second application already, if your PGWP is still valid, you can apply for BOWP.

 

[rob-immigrationstory]

Your application was correctly rejected as you stated yourself that you didn't submit a proper reference letter. There was no use sending in the reconsideration request. That's not how it works. Your application was rejected due to your own mistake. You need to reapply and submit a new application. Full stop.

So the real question is when does your PGWP expire? Since you sent a second application already, if your PGWP is still valid, you can apply for BOWP.

Rolling with the punches then. My work permit expired on November 14, I have been on implied status since then. It looks like I need to inform my employer and quit my career for now.

Am I out of options until my second PR is assessed?

 

[ContactFront]

Did you apply for BOWP or apply to change you status to visitor before Nov 14? What exactly is the "implied status" you are on right now?

 

[rob-immigrationstory]

I applied for BOWP on October 21st, 2018. Before my expiry. It is still pending as of today.

EDIT: Any point applying for a second BOWP now since I have a valid PR AOR for my second application and all the bad timing that has occurred?

 

[ContactFront]

Ah I see. One thing I'd try if I were you, is send in the second AOR via web form to support the BOWP application
Not that this would definitely work, it might still be rejected, but worth a try anyways.

 

[rob-immigrationstory]

Update in case anyone has a similar story - I sent a web form explaining my situation and new PR application. Unfortunately it was recently denied and I had to quit my job that day. My second application is in IP1 currently and I have 90 days to apply for a visitor visa.

Pretty lame situation all around. Hopefully it may be useful to someone later though.

 

[movais]

Update in case anyone has a similar story - I sent a web form explaining my situation and new PR application. Unfortunately it was recently denied and I had to quit my job that day. My second application is in IP1 currently and I have 90 days to apply for a visitor visa.

Pretty lame situation all around. Hopefully it may be useful to someone later though.

So your bridge work permit got rejected?

 

[rob-immigrationstory]

So your bridge work permit got rejected?

Yes. Rejected last week Thursday and I relinquished my employment that same day.

 

[movais]

Yes. Rejected last week Thursday and I relinquished my employment that same day.

wow that sucks man sorry to hear that

 

[jes_ON]

Update in case anyone has a similar story - I sent a web form explaining my situation and new PR application. Unfortunately it was recently denied and I had to quit my job that day. My second application is in IP1 currently and I have 90 days to apply for a visitor visa.

Pretty lame situation all around. Hopefully it may be useful to someone later though.

Sorry to hear. hopefully you don't have to wait too long for your new PR application to process...

 

[Hmstr]

You still have 3 years of work experience. Hopefully you can pick things right up after your application is approved this time around, either with the same or a different employer.

 

[canuck_in_uk]

Update in case anyone has a similar story - I sent a web form explaining my situation and new PR application. Unfortunately it was recently denied and I had to quit my job that day. My second application is in IP1 currently and I have 90 days to apply for a visitor visa.

Pretty lame situation all around. Hopefully it may be useful to someone later though.

Note that you don't "have 90 days to apply for a visitor visa". You are now in Canada illegally. IRCC allows a 90 day period in which a person can apply for Restoration but that does NOT grant any form of status. You should not delay in applying for Restoration.

 

[ak120289]

Hi, I was guided here by a friend and I see I made a correct decision checking this forum. I got my PR application rejected today, the same reasons which OP mentioned, I realize 1 line of responsibilities were not enough to appease the visa officer. However, it seems that application to reconsider seems futile, I will have to send in a second application. I have till July when my Work Permit expires, and I really need to figure it out. I have following questions for you kind people here, I would really appreciate any response

1. I will be applying again, I need to sort out my employment letters and the responsibilities mentioned. Is there any format/example you guys could share with me so that I don't repeat it again?
2. I am from India, and we need to get a police clearance certificate. Would I need to get it again before I apply next? I understand I will have to give medical again.
3. I quit my job to focus on startup but have 1.5 years of experience in Canada, would it affect/ or has it affected my PR application?

I would be very grateful if you could help me out here.

 

[rob-immigrationstory]

Note that you don't "have 90 days to apply for a visitor visa". You are now in Canada illegally. IRCC allows a 90 day period in which a person can apply for Restoration but that does NOT grant any form of status. You should not delay in applying for Restoration.

Right - what's the effective difference between applying today, in 30 days, 60, etc?