CEC Rejected Plzzz Help!!

[luckyinjay]

Hi I have just received a mail from the CPP-O stating that my has been rejected since I did not meet the criteria and that being:

I am not satisfied that you meet the skilled work experience requirement. You must have 24 months full-time skilled work experience in the 36 months preceding the submission of your application. In your case, this qualifying period is January 25, 2009 until January 25, 2012. Based upon the information provided in the various letters from XXXXXXXXX, you do not have 24 months of full-time work experience in the above time period.

But the problem here is that my application was received at the CIC NewDelhi on the Dec 28th and fullfills the 24 month fulltime work ex that is required, but they have considered the recorded date as the date they received it at the CIC Buffalo office and if one were to look at the OP25 CEC Operations Manual it states that:

On receiving the transferred file, the visa office in Buffalo will create a B-file number,
maintaining the application received date from the initial visa office and process to conclusion. The application received date at a visa office is also the lock-in date.

Kindly advise what is it that can be done here, I have replied back to them stating the same with the documents as proof.

Will that really help, will they reconsider my case?I am not in a position to appeal for one as I am in India and cant afford leagal services.

Hence kindly advise what is the recourse that can be done here, will the CPP-O really look into the matter, or is it a closed case once a rejection has been done.

 

[spartan18]

Hi buddy...Very sorry for your rejection, you can always re-apply though. So from the assessment, you can notice that you will qualify for cec from jan25,2009 to jan 25,2011. So question is when did you start working exactly?..

 

[Red and Black]

Very sorry to hear about it. I am still novice in some of the details pertaining to non-graduate stream of CEC, but I would suggest asking Jes_ON or SenoritaBella for assistance. Maintaining a positive attitude will help, nevetheless!

 

[SenoritaBella]

If you actually had 24 months of experience(and at least 3900hrs) before applying, it should not matter which visa office sets the lock-in date because you will still qualify. But if you applied a few days or weeks early(which I suspect is what happened) hoping that by the time it gets to New Delhi, you will have met the requirements, then you can't fault the visa office.

 

[pathfinder]

At what stage of your application you got a refusal letter? If you got it after your medical request, you can appeal to the visa officer.

 

[jes_ON]

I am not satisfied that you meet the skilled work experience requirement. You must have 24 months full-time skilled work experience in the 36 months preceding the submission of your application. In your case, this qualifying period is January 25, 2009 until January 25, 2012. Based upon the information provided in the various letters from XXXXXXXXX, you do not have 24 months of full-time work experience in the above time period.

But the problem here is that my application was received at the CIC NewDelhi on the Dec 28th and fullfills the 24 month fulltime work ex that is required, but they have considered the recorded date as the date they received it at the CIC Buffalo office and if one were to look at the OP25 CEC Operations Manual it states that:

On receiving the transferred file, the visa office in Buffalo will create a B-file number,
maintaining the application received date from the initial visa office and process to conclusion. The application received date at a visa office is also the lock-in date.

Kindly advise what is it that can be done here, I have replied back to them stating the same with the documents as proof.

So, you're saying that the 4 weeks' difference between the date received at New Delhi VO and the Date received in Buffalo makes the difference... talk about cutting it close...

You are correct, in that the lock-in date should be the date received by the New Delhi VO, and that it looks like the Buffalo VO has made a mistake. You have done the right thing by sending that info to Buffalo and requesting that your application be reconsidered. I'm assuming you send a case-specific inquiry? What proof do you have of the date that your application was received by the New Delhi VO?

I think you have a good chance of having the application reconsidered. If you haven't gotten a reply in about a week, send another inquiry.

 

[luckyinjay]

Thanks a ton!! spartan18, Red and Black, SenoritaBella, pathfinder, jes_ON for your replies its been really valuable.

Dear Jes_ON,

You got it bang on that the 4 weeks made the difference in terms of the qualification, it took me a while to gather the docs while I was here in India and was only able to send it in at the last minute.

So my application is currently at the CPP-Ottawa office, it was forwarded from the CPP-Buffalo to expedite the process.

All I have done is a generic reply to the rejection mail that I received and attached the proofs of CIC NewDelhi - Acknowledge letter and DD receipt which was encashed at the CIC - New Delhi Office and also a quote of the OP25 CEC process manual stating the details of the lock in date.

I hope this is the alrite? Or is there a protocol that needs to be followed?

When you mention of a case specific enquiry that needs to be made, what is it that you exactly referring to, is it a generic email reply? Or is there a process that needs to be followed ?

Please do let me know as I am not aware of the process that is generally followed.

Thanks for your responses once again, really appreciate it . I do hope my application is reconsidered.
Cheers!!

 

[luckyinjay]

Hi Jes_ON,

I guess I figured out the case specific inquiry, I hope that this is not limited to a particular office as in CPP-Buffalo or CPP-Ottawa but rather based on the application number.

Cause I wasn't sure as to where to send my case specific inquiry either to will it be Ottawa or Buffalo, cause its being processed at Ottawa at the moment.

Cheers!!

 

[jes_ON]

OK, glad you got it figured out. I did not realize from the first post that the refusal came from CPP-Ottawa; and apparently you had an (email?) address to respond to. It sounds like you have replied now by 2 mechanisms, so hopefully you'll get a response soon.

 

[luckyinjay]

Yes jes_ON, realized that as well, the case specific only works with Buffalo and not Ottawa, so yeah only email replies is all that works with CPP-O for the moment.

Got a pretty fast response from Buffalo palmed of the case to CPP-O this is what they replied in GREEN, what do you suggest that I do , should I still persue the CIC office at Buffalo for a mistake at their end?

Thank you for your inquiry.

In order to continue the processing of your application, your file has been sent to:

Case Processing Pilot - Ottawa

e-mail: OttPilot-Immigration@cic.gc.ca

We cannot provide file numbers or information about the status of applications at other offices. Please contact the office concerned directly.
Canadian Consulate General

Immigration Section

 

[luckyinjay]

Also just checked the status, its been updated to decision made .
Just wanted to check with folks in this forum, has anyone come across a rejection that has been reconsidered?Just wanted to know what are my chances.

 

[luckyinjay]

Jes_ON, Senorita... read your messages thanks a lot once again, I can be really be hopeful that it does get reconsidered, its a Pilot project and Ottawa has its fair share of learning that its getting to do.

Just to update all folks here, I sent in another mail yesterday to the CPP-O due to the fact that my number of hours were also slightly higher than the norm set out by the CEC i.e 40 as against 37.5, so that shud give me a good headstart as well in the number of days/or equivalent hours as set out by the CEC and should still make me qualify if the dates were considered from the Jan 25...

Cheers!!

 

[jes_ON]

Just to update all folks here, I sent in another mail yesterday to the CPP-O due to the fact that my number of hours were also slightly higher than the norm set out by the CEC i.e 40 as against 37.5, so that shud give me a good headstart as well in the number of days/or equivalent hours as set out by the CEC and should still make me qualify if the dates were considered from the Jan 25..

Hi luckyinjay - nice try, but your reconsideration rests entirely on your lock-in date. The requirement is a MIMIMUM of at least 24 months AND 3900 hours (not "OR") - both requirements must be met.

There's no such thing as "extra hours" in the CEC game. Full time is "at least 37.5 hours", the key being "at least." There is absolutely no difference whether you work 37.5 hours, 40 hours, or 80 hours per week - they are all the same full-time week of employment.

The total number of hours (3900 hours for TFWs) is intended only as guidance for those who work less than 37.5 hours (or "part-time" in CIC's mind).

 

[luckyinjay]

Hi jes_ON,

That is some news, thought it was 'OR' , so when you are refering to 24 Months is it considered as 730 days of work experience, Also is this inclusive of the weekends and the public holidays as well?

Cheers!!

 

[jes_ON]

Hi jes_ON,

That is some news, thought it was 'OR' , so when you are refering to 24 Months is it considered as 730 days of work experience, Also is this inclusive of the weekends and the public holidays as well?

At least 37.5 hours per week = 1 week of full-time employment. You need 24 months = 104 WEEKS of full-time employment (or the equivalent in part-time employment).

You can't count by days, you have to count by weeks. A calendar week is Sunday through Saturday. Paid holidays/vacations are considered part of employment. (Unpaid is not).