Help with responding to procedure fairness letter

[eeaor0519]

Hi my fellow experts and advisors,

My question is that if I gained work experience while studying part-time, how does it affect me meeting the requirements under R87.1 (3)(a)? What kind of key and conclusive evidence can I provide to IRCC to prove that I am engaged in part-time studies and working at the same time while holding PGWP?


For myself, I have submitted my application under CEC inland (within Canada) about 6 months ago. Last Thursday (Nov 16, 2017), I received a PFL from IRCC stating that "After examining your application, I note you was enrolled in full-time studies during the time of work." It says my work experience does not meet under R87.1 (3)(a). "Your study permit stated that you may work 20 hours off-campus or full time during regular breaks if meeting criteria outlined in section 186(v). PA was enrolled in full-time studies according to the LOAs submitted for study permits during the time of work." The officer at the end of the letter said “I look forward to receiving your additional information”.


I had a post graduate work permit from July 2014 to July 2017. During this period, I also had 2 study permits issued on Oct 7, 2014 and Dec 31, 2016. From April 2015 to April 2017, I worked full-time and pursuing UBC Diploma in Accounting Program (DAP) during evenings and weekends on a part-time basis.


The IRCC has my UBC enrollment letter, PGWP, and study permits. I did not provide them my UBC letter of acceptance (LOA), but I guess somehow, they managed to get a hold of it. I did provide LOA only once when applying for my first study permit.

Thank you and any input helps!

 

[BillHyatt]

Your case is little complicated in my opinion.

It seems you were awarded study permits on the ground of Full-Time University Enrolment. This fact is stated by an officer in the following manner:

"Your study permit stated that you may work 20 hours off-campus or full time during regular breaks if meeting criteria outlined in section 186(v). PA was enrolled in full-time studies according to the LOAs submitted for study permits during the time off work"

If this is true and your Study Permit states this thing then you need to see the following link:
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=394&top=29

The regulation States:
"The work experience you can use to apply for the Canadian Experience Class must not have been gained while studying full time on a student permit (for example, experience gained while on a co-op work term)."

Now as you have Study Permits in between these years it becomes difficult for an analyst to decide.

In Conclusion:

You have to write a Letter of Explanation stating the fact that you have valid PGWP and therefore you were working Full-Time whereas your Studies were only part-time. Attach the proves of Part-Time enrolment (Any document stating you are studying in this university for a Part-Time) and Full-Time Job Letter that you have already sent them.

The only thing to keep in mind is that it should also be consistent with documents and information you used for Study Permit Application as it may be considered Misrepresentation if you have provided wrong information to get Study Permit. So be careful in writing your Letter of Explanation.

 

[ajithj]

Is it possible to hold work permit and study permit at the same time?