Help, refusal from CPP-O, Am I eligible for CEC?

[SwimmingFish_Li]

I am applying for CEC permanent resident, but I got a refusal from CPP-O as letter shown at the bottom.

I had a period of work without status from Jun 2012 to Nov 2012 because of WP extension failed due to too late LMO.

But I do have more than 12 months’ work experience in total from July 2011 to May 2012, and from Nov 2012 to June 2013.

Am I eligible for CEC if I could exclude the period of work without status?

I looked up OP 25 A and Immigration and Refugee Protection Regulations, I should be OK with the regulation.


However, I noticed the following restriction in CIC web site. Could you comments if you have similar experience with me?


"
What are the requirements?

All applicants must have:

maintained temporary resident status during their qualifying period of work experience, and provide documentation to establish they had legal temporary status in Canada,
acquired at least 12 months of full-time (or the equivalent in part-time) skilled work experience in Canada in occupations that fall under Skill Type 0, or Skill Level A or B of the National Occupational Classification (NOC),
obtained the required work experience within the 36 months preceding the date their application is received,
the required level of English or French language proficiency (speaking, reading, listening and writing) for their occupational skill level,
not engaged in work in Canada without authorization,
not remained in Canada after the time authorized to do so has expired, and
not been found inadmissible to Canada on grounds such as health or security.
Note. If you do not meet all of the requirements described above, do not submit an application under the Canadian Experience Class as your application will be refused. Check the other immigration classes to see if you satisfy their eligibility criteria. Also check the CIC website regularly for changes to eligibility criteria.
"

Refusal from CCP-O:

"I am not satisfied that you meet the temporary resident status requirement because you worked without authorization and without temporary resident status from June 2012 until November 2012. I have reached this conclusion because your work permit history shows that your temporary resident status expired on May 6, 2012 and your application to renew this status was refused on May 30, 2012. You were therefore without status in Canada until it was restored via a work permit dated November 7, 2012. On your Schedule A and Schedule 8 you declare that you worked full time for this period, which was in violation of the Regulations and which renders you ineligible for a visa in this class."

 

[SwimmingFish_Li]

Application for permanent residence — Canadian Experience Class (IMM 5609)
.....

What are the requirements?

All applicants must have:

maintained temporary resident status during their qualifying period of work experience, and provide documentation to establish they had legal temporary status in Canada,
acquired at least 12 months of full-time (or the equivalent in part-time) skilled work experience in Canada in occupations that fall under Skill Type 0, or Skill Level A or B of the National Occupational Classification (NOC),
obtained the required work experience within the 36 months preceding the date their application is received,
the required level of English or French language proficiency (speaking, reading, listening and writing) for their occupational skill level,
not engaged in work in Canada without authorization,
not remained in Canada after the time authorized to do so has expired, and
not been found inadmissible to Canada on grounds such as health or security.
Note. If you do not meet all of the requirements described above, do not submit an application under the Canadian Experience Class as your application will be refused. Check the other immigration classes to see if you satisfy their eligibility criteria. Also check the CIC website regularly for changes to eligibility criteria.

 

[jsm0085]

I am applying for CEC permanent resident, but I got a refusal from CPP-O as letter shown at the bottom.

I had a period of work without status from Jun 2012 to Nov 2012 because of WP extension failed due to too late LMO.

But I do have more than 12 months' work experience in total from July 2011 to May 2012, and from Nov 2012 to June 2013.

Am I eligible for CEC if I could exclude the period of work without status?

I looked up OP 25 A and Immigration and Refugee Protection Regulations, I should be OK with the regulation.


However, I noticed the following restriction in CIC web site. Could you comments if you have similar experience with me?


"
What are the requirements?

All applicants must have:

maintained temporary resident status during their qualifying period of work experience, and provide documentation to establish they had legal temporary status in Canada,
acquired at least 12 months of full-time (or the equivalent in part-time) skilled work experience in Canada in occupations that fall under Skill Type 0, or Skill Level A or B of the National Occupational Classification (NOC),
obtained the required work experience within the 36 months preceding the date their application is received,
the required level of English or French language proficiency (speaking, reading, listening and writing) for their occupational skill level,
not engaged in work in Canada without authorization,
not remained in Canada after the time authorized to do so has expired, and
not been found inadmissible to Canada on grounds such as health or security.
Note. If you do not meet all of the requirements described above, do not submit an application under the Canadian Experience Class as your application will be refused. Check the other immigration classes to see if you satisfy their eligibility criteria. Also check the CIC website regularly for changes to eligibility criteria.
"

Refusal from CCP-O:

"I am not satisfied that you meet the temporary resident status requirement because you worked without authorization and without temporary resident status from June 2012 until November 2012. I have reached this conclusion because your work permit history shows that your temporary resident status expired on May 6, 2012 and your application to renew this status was refused on May 30, 2012. You were therefore without status in Canada until it was restored via a work permit dated November 7, 2012. On your Schedule A and Schedule 8 you declare that you worked full time for this period, which was in violation of the Regulations and which renders you ineligible for a visa in this class."

I assume the letter says that your application has been refused? If so, you are pretty screwed. They have processed your application and the information will remain on the system. You cannot "hide" this. It is what it is... There really is no way out of this unless you can prove you were on implied status but based on what you have said, you were not.

Sorry dude.

 

[SwimmingFish_Li]

During May 2012 to Nov 2012, I worked without stutus. I was waiting for LMO from service canada but LMO decision didn't come in time. I had to submit WP extension before first work permit expiration without LMO, and CIC refused my application because of lack of LMO. Then I lost status. I didn't know to stop working. After that, a positive LMO came in months, less than 90 days from work permit extension refusal, and then I got a new work permit in Nov, 2012.

 

[jsm0085]

During May 2012 to Nov 2012, I worked without stutus. I was waiting for LMO from service canada but LMO decision didn't come in time. I had to submit WP extension before first work permit expiration without LMO, and CIC refused my application because of lack of LMO. Then I lost status. I didn't know to stop working. After that, a positive LMO came in months, less than 90 days from work permit extension refusal, and then I got a new work permit in Nov, 2012.

You knew you needed a visa to work, so there is no point in saying you didn't know that you couldn't work when your visa expired. Go see a good immigration lawyer if you really want to stay in Canada - maybe they can help.

 

[SwimmingFish_Li]

I looked up OP 25 A and Immigration and Refugee Protection Regulations, no such restriction can be found. how to interpret?

Immigration and Refugee Protection Regulations (SOR/2002-227)

Canadian Experience Class

Marginal note:Class

87.1 (1) For the purposes of subsection 12(2) of the Act, the Canadian experience class is prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada, their experience in Canada, and their intention to reside in a province other than the Province of Quebec.

Marginal note:Member of the class

(2) A foreign national is a member of the Canadian experience class if

(a) they have acquired in Canada, within the three years before the date on which their application for permanent residence is made, at least one year of full-time work experience, or the equivalent in part-time work experience, in one or more occupations that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix, exclusive of restricted occupations; and

(b) during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification;

(c) during that period of employment they performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties;

(d) they have had their proficiency in the English or French language evaluated by an organization or institution designated under subsection 74(3) and have met the applicable threshold fixed by the Minister under subsection 74(1) for each of the four language skill areas; and

(e) in the case where they have acquired the work experience referred to in paragraph (a) in more than one occupation, they meet the threshold for proficiency in the English or French language, fixed by the Minister under subsection 74(1), for the occupation in which they have acquired the greater amount of work experience in the three years referred to in paragraph (a).

Marginal note:Application

(3) For the purposes of subsection (2),

(a) any period of employment during which the foreign national was engaged in full-time study shall not be included in calculating a period of work experience;

(b) any period of self-employment or unauthorized work shall not be included in calculating a period of work experience; and

(c) the foreign national must have had temporary resident status during their period of work experience and any period of full-time study or training.

(d) to (g) [Repealed, SOR/2012-274, s. 13]

(4) and (5) [Repealed, SOR/2012-274, s. 13]

SOR/2008-254, s. 3; SOR/2011-54, s. 2; SOR/2012-274, s. 13.

 

[jsm0085]

It's two separate things. OP25A/OP25 are specific to CEC applications. What is stated there is what you need to complete this application...

Again, you worked when you shouldn't have and your application has been rejected because of it. You can discuss it here all you like but if you really want to stay in Canada - go and see a good immigration lawyer!

 

[yahoo7]

SwimmingFish_Li, when did you apply?

 

[SwimmingFish_Li]

I applied in March, 2013