CIO Rejected Inspite of eligibility.. PLEASE HELP

[zahra01]

Hi,

CIO received my application on Feb 4, 2010. I got an AOR from them stating that Although i have mentioned that I have been a temporary foreign there is insufficient evidence on file that i have been legally working in Canada one year immediately b4 submitting my application.

My Case

• International Student in Canada (2002 - June 2009; bachelor's degree graduted)
  Postgraduate work permit (June 2009 - present; working at present NOC 1443; looking for permanent job)
  16 months full-time paid work experience as co-op student (NOC 4162)
  4 months part-time paid work experience (NOC 4162)
  2 years part-time paid work experience (NOC 2282)
• All study permit, work permits are in order and wer submitted with accompanying reference letters from all the positions i have held.

Self-evaluation tool said that I qualify under skilled worker class and the self assessment gave 73 point.

Please advise on the above. How could they possible not take note of everything above? I've been here for so long plus other close frnds have applied with similar situations and they already have their PR.

Thank-you in advance for any light u can shed on the above.

Regards.

 

[barsindoo]

I think you need to attach documentary proof when you apply again. The onus is on you to prove that you have been legally working in Canada for one year immediately before applying.

Good luck buddie

 

[qorax]

Zahra,

Seems like there was an oversight on the part of CIO. Reapply with a soft plea, providing full Canadian background history [a tabled-chronological letter]. And ask for a review of the old apps. I think u'll make it.

Good Luck.
Qorax

 

[Essat]

Zahra,

First of all, I am assuming that all the part-time jobs and co-op occurred when you were still a student. The confusion is that you finished in June 2009 and applied in Feb 2010. It is hard to tell whether you were a temporary foreign worker for atleast 12 months before Feb 2010. That would stretch back to Feb 2009 (when you were a student). The requirement says that you should be a temporary foreign worker or an international student residing legally in Canada for at least 12 months immediately before submitting your application.

And this is CIC explanation of that particular requirement:

Temporary Foreign Worker (TFW) or International Student - Eligibility as a TFW or international student is not limited to holders of work or study permits. Applicants can meet the above eligibility requirement simply with evidence that their authorized period of stay has been at least one year preceding the date of the application and, that throughout this period they have been either temporary foreign workers or international students, and that they are still in Canada with valid temporary resident status as either a worker or student.

It is silent on your situation where you were both a student for one part and a worker for the other part of the 12 months.
Also, I realize that your job ( NOC 1443) is skill level C (not O, A or B) and I am wondering whether that contributed to the CIO's decision. Before you apply again, you may need to know the exact reasons why your first application was refused. The reason you stated could simply be solved by attaching more evidence showing that you indeed stayed in Canada for 1 year before applying.

See the following link page 15 for some of the documents that you should provide:
http://www.cic.gc.ca/english/resources/manuals/op/op06-eng.pdf

Essat

 

[zahra01]

This forum is awesome!.. Thank-you so much for all your support.

qorax - Thanks a lot for the encouragment. I'll need all the best wishes and prayers.

Essat - I hear what you mean. That is the confusion that I was for part of tht year a student and the other part a worker. I will read the page 15 in the link that u've sent me and take it from there. Also the NOC 1443, I know that is skill level C. With the reseccsion hitting hard afte ri graduated it has been very challenging to look for a full-time job. However, I have been doing skilled work assignments which align with my background but the title of the job is crapy. Is there anyway i can metion in my next application that my responsibilities are that of a skilled worker but the title is not right?

Thank-you all once again for taking the time to reply. It means alot!

 

[jes_ON]

Zahra - Despite the wording of the statement, I think the main problem isn't the proof of authorization, but proof of 1 year continuous skilled employment.

2. If your application is eligible for processing, you must also meet the following minimum requirements to qualify as a skilled worker:

* you have at least one year of continuous full-time paid work experience or the equivalent in part-time continuous employment, AND
* your work experience must be Skill Type 0 (managerial occupations) or Skill Level A (professional occupations) or B (technical occupations and skilled trades) on the Canadian National Occupational Classification list, AND
* you must have had this experience within the last 10 years.

I don't think your coop or any experience as a student worker will count, so the question is, do the hours you worked in a skilled occupation as a non-student sum up to 1950 hours? I can't really tell from your info which jobs were post-graduation, or how many hours...

Also the NOC 1443, I know that is skill level C. With the reseccsion hitting hard afte ri graduated it has been very challenging to look for a full-time job. However, I have been doing skilled work assignments which align with my background but the title of the job is crapy. Is there anyway i can metion in my next application that my responsibilities are that of a skilled worker but the title is not right?

Generally, the responsibilities matter more than the job title, but your employer's letter will have to confirm that your responsibilities match the description of a job classified as NOC O, A, or B.

Hopefully, you'll find something to work it out. Perhaps you should also look into the Provincial Nominee Program for your province...

 

[Essat]

Hi Zahra,

As Jes_ON said, if your employer can write a reference letter detailing duties that match those of a job in skill level O, A or B, that should be fine, but it looks like you will have to wait until you have 12 months full-time experience as a temporary worker.

Note that having graduated from a Canadian University (I think your degree qualifies) you can also qualify for CEC in June 2010 if and only if you can prove that your assignments/duties indeed match with those of a skill level O, A or B job.

 

[smiling_baby]

My case is quite similar. I am a TFW here in AB.. NOC level C (Admin / Accounting Assistant).
However, I have had skilled jobs for the past 3-4 years in the Philippines as a Certified Public Accountant.
Is there any way that I will be approved by CIO Nova Scotia for FSW processing even if my current occupation is
only skill level C since I have had occupation falling under skill level A and B in the past?

 

[aspire]

My case is quite similar. I am a TFW here in AB.. NOC level C (Admin / Accounting Assistant).
However, I have had skilled jobs for the past 3-4 years in the Philippines as a Certified Public Accountant.
Is there any way that I will be approved by CIO Nova Scotia for FSW processing even if my current occupation is
only skill level C since I have had occupation falling under skill level A and B in the past?

Your accountant experience in the Philippines will qualify you for FSW category 1, iregardless of wether or not you will invoke your Canadian experience. You will get the maximum work experience points if your Philippines experience is 4 years or more. It is safer for you to apply under the FSW Cat 1 category than the CEC class, since your Canadian experience does not fall under skill level O, A, or B.

 

[smiling_baby]

Thanks for replying. =)

When I fill up the application form, should I put Accountant as my Current Occupation to be considered for FSW1? Or should I stick to my real current occupation as an Admin / Accounting Clerk and just include my Accountant / Financial Analyst roles on the Work Experience portion?

 

[mahek286]

Zahra,

I was just rejected for the same reason. I graduated last October (2009) from a Canadian University with an Honours BA and applied in March. I am now on a post graduate work permit. CIO said they will not process my application as there is no sufficient evidence that I have been studying legally in Canada one year immediately prior to the application. Not sure what to do now.

 

[aspire]

Thanks for replying. =)

When I fill up the application form, should I put Accountant as my Current Occupation to be considered for FSW1? Or should I stick to my real current occupation as an Admin / Accounting Clerk and just include my Accountant / Financial Analyst roles on the Work Experience portion?

You should apply using the NOC code of an accountant. You will be rejected if you will use the NOC of an admin clerk as this NOC does not belong to the 38 list.

 

[jes_ON]

You should apply using the NOC code of an accountant. You will be rejected if you will use the NOC of an admin clerk as this NOC does not belong to the 38 list.

Ack - no, you should NOT LIE on your application. You could be banned for misrepresentation.

Look - under Cat1 current occupation is not so important. What matters is that you have one full year of experience in the target occupation within the past 10 years.

On the first application form where it asks for current occupation, you do not need an NOC and I think you can be generic - "accountant"

Sched 3 - economic classes - asks you to list all your occupations for the past 10 years. You have to tell the truth! Use the correct NOC code for current position.

Older forms asked you whether you wanted FSW 1,2 or 3. Looks like the current ones do not. In your case, it might be a good idea to include a cover letter asking to be considered under FSW1 - since your Canadian experience may distract from that consideration

 

[mafp]

Hi Qoarx,

I have received rejection from CIO as well today. While re-applying do i need to tell about old application or just i shall file the fresh case. As i also feel that my application was strong enough to be approved.

i have listed earlier my case details here

http://www.canadavisa.com/canada-immigration-discussion-board/rejection-from-cio-t45183.0.html

Regards,

Zahra,

Seems like there was an oversight on the part of CIO. Reapply with a soft plea, providing full Canadian background history [a tabled-chronological letter]. And ask for a review of the old apps. I think u'll make it.

Good Luck.
Qorax

 

[smiling_baby]

Thanks for replying guys! =)

I may just include a cover letter so that the visa may better assess my case.

One more question please, do you think I may qualify for FSW3? Based on my research FSW3 category is for TFW or International Students working/studying legally in Canada for atleast 1 year. It made no mention as to what skill level you should have. Does this mean that any TFW (whether skill level C and D as long as they reach the 67 points benchmark) can apply or just those whose skill levels are A, B, and O?

I would appreciate your inputs on this. Thanks!