I was CEC compliant but got FSW ITA and now refused!! How to dispute

[iceo]

Hi friends,

I applied for CEC in Dec 2014 and got my application back in Feb 2015 saying the cap was full.
Then I built my EE profile and got an ITA in June 2015 for FSW although I wanted and was fully qualified for CEC and the system was still new then. So I applied because I was scared of refusing my ITA to get a new one like some people here did. I sent in my application 20 July 2015.
I waited all this time and yesterday I got a refusal letter saying my foreign work experience wasn't a whole year (which is what I had said in the tool) so it would have made my points less than what the invitation draw was for at the time!

I didn't ask for those points! and I did everything right by their system.. I had every document carefully prepared. I just answered everything truthfully from their system, and they were the ones to give me FSW invitation! I'm so upset! :'( :'(

What should I do now? How can I appeal? Do I have to reapply?? Can I say that they should have processed it as CEC and I lost all this time because of their mistake with the system?

Please help!

Thank you

 

[iceo]

Re: I was CEC compliant but gor FSW ITA and now refused!! How to dispute

By the way I just got a BOWP 2 weeks ago, and went abroad to see my family.. My return ticket is in 2 weeks. Would I be able to get back in? Or would my visa be cancelled as well now that I got a refusal? Would they send me back

Thanks everyone in advance

 

[JoacRy]

In terms of your situation, as they have now decided I would say your Visa will.be cancelled. In terms of the CEC vs FSW if you qualify both you are always invited under FSW.

Did you have at least 1 yr of Foreign Work Experience in the nominated NOC code? This may be why you were refused if the job duties did not align with the NOC code.

To quality under CEC, just enter Funds of '0'.

In terms of appealing, wait for others to answer.

 

[iceo]

Hi Joacry

I always had less than a year of foreign experience but it is on point with NOC and mmy canadian exp is 2 years

I still have my apartment and things in Canada .. What should I do?? Woud they just not allow me in??

 

[can_swim]

Hello,

I feel for you and I certainly think you are hard done by. I cant help, maybe you should try an immigration lawyer?

Regards

 

[thenewbie]

Not sure about the re-entry, try to re-apply as soon as possible.

I suggest you immediately create a new profile, use your 2 years of Canadian work experience to apply.

Things to note this time:

- Completely ignore the less than 1 year foreign work experience, no need to fill in profile

- When asked if you have a valid job offer in Canada, answer is NO

- Set your funds to 0

I wish you the best of luck, hope everything works out for you.

 

[cvyi]

Hi, just read your post, I feel confused too. Because as you mentioned, the points were assigned to you by the system, and you input everything based on your documents, there is no reason why they should re-calculate your score using a method different from the EE system. Because you are invited as FSW and you didn't have 1 year foreign work experience at the time of ITA, so they rejected your application because you did not meet FSW's requirements. This is my understanding, did they actually say you were rejected because of decreased CRS points? What exactly did they say in the letter?

Basically I guess there is something different going on here: for example you have 23 months plus 29 days foreign work experience (a couple of days less than 2 years), you probably will get points for 2 years instead of 1 years, right? Then if you are invited as FSW with the cut-off scores being the same as your CRS scores, you meet the FSW's minimal requirement this time. My question is do you think they would reject you in this case?

Hi friends,

I applied for CEC in Dec 2014 and got my application back in Feb 2015 saying the cap was full.
Then I built my EE profile and got an ITA in June 2015 for FSW although I wanted and was fully qualified for CEC and the system was still new then. So I applied because I was scared of refusing my ITA to get a new one like some people here did. I sent in my application 20 July 2015.
I waited all this time and yesterday I got a refusal letter saying my foreign work experience wasn't a whole year (which is what I had said in the tool) so it would have made my points less than what the invitation draw was for at the time!

I didn't ask for those points! and I did everything right by their system.. I had every document carefully prepared. I just answered everything truthfully from their system, and they were the ones to give me FSW invitation! I'm so upset! :'( :'(

What should I do now? How can I appeal? Do I have to reapply?? Can I say that they should have processed it as CEC and I lost all this time because of their mistake with the system?

Please help!

Thank you

 

[Stuckup]

Hey don't worry, relax. If u have valid work permit and visa, they can't stop u from re entering. PR rejection as nothing to do with rendering country as long as u have valid permit and visa. So if ur pr is refused under fsw, u still have chance get in pool, u might get invited back soon.

 

[specialmary]

From my understanding, for ITA points, it does not matter whether you are in FSW or CEC. Canadian work experience and foreign work experience both give you points in different categories. If the officer decides that your Canadian or foreign work experience does not fulfill the requirement, they will re-calculate your points, independent of what their computer system tells you. In fact, they calculate points based on what the law says, not what their computer system says. Therefore, the problem that you faces is probably that after their re-calculation, your point is not at or above the invitation points. Therefore, no matter whether you are in FSW or CEC, your application will not be processed if your point is below the invitation points.

I have been rejected in the past. As long as you have valid authorization (work permit or study permit), they will still admit you into Canada.

 

[Gregor.Samsa]

Hey, if you have a BOWP you're allowed to come back and work until WP expires.

Check your options for Reconsideration but consider re-apply immediately to EE, creating a new profile.

Try to double check everything in your "Wizard" and Profile to be sure is OK for CEC, I hope you'll get enough score.

 

[jeffkang]

Hi, I am in the same boat.

I qualify for both CEC and FSW but was invited under FSW-inland on Dec 4, 2015.

I applied in Jan 7, now my medicals is not even passed.

For me, I do not have any foreign work experience, all my experience are Canadian work experience, do you guys think I will be rejected?

 

[ajanarth]

Hello @Jefkang and others, here is what IRCC website claims that someone eligible for CEC, if none of those met I believe it changed to FSW.

To qualify under the Canadian Experience Class, candidates must:
• plan to live outside the province of Quebec (Note: The province of Quebec chooses its own skilled workers. If you plan on living in Quebec, see Quebec-selected skilled workers for more information),
• have at least 12 months of full-time (or an equal amount in part-time) skilled work experience in Canada in the three years before you apply,
• have gained experience in Canada with the proper authorization,
• have valid third-party language test results (that show they meet the minimum language threshold needed for the job in Canada in which they have most experience.

 

[jeffkang]

Hello @Jefkang and others, here is what IRCC website claims that someone eligible for CEC, if none of those met I believe it changed to FSW.

To qualify under the Canadian Experience Class, candidates must:
• plan to live outside the province of Quebec (Note: The province of Quebec chooses its own skilled workers. If you plan on living in Quebec, see Quebec-selected skilled workers for more information),
• have at least 12 months of full-time (or an equal amount in part-time) skilled work experience in Canada in the three years before you apply,
• have gained experience in Canada with the proper authorization,
• have valid third-party language test results (that show they meet the minimum language threshold needed for the job in Canada in which they have most experience.

Thank you, yes I met it, 4 years undergrad in Canada, 3 years full-time legit work exp in Toronto with PGWP, completed IELTS with high scores, all these, but was invited under FSW, now I receive no updates because I am in a FSW inland pool, damn it.

 

[harshmaru]

Hi friends,

I applied for CEC in Dec 2014 and got my application back in Feb 2015 saying the cap was full.
Then I built my EE profile and got an ITA in June 2015 for FSW although I wanted and was fully qualified for CEC and the system was still new then. So I applied because I was scared of refusing my ITA to get a new one like some people here did. I sent in my application 20 July 2015.
I waited all this time and yesterday I got a refusal letter saying my foreign work experience wasn't a whole year (which is what I had said in the tool) so it would have made my points less than what the invitation draw was for at the time!

I didn't ask for those points! and I did everything right by their system.. I had every document carefully prepared. I just answered everything truthfully from their system, and they were the ones to give me FSW invitation! I'm so upset! :'( :'(
What should I do now? How can I appeal? Do I have to reapply?? Can I say that they should have processed it as CEC and I lost all this time because of their mistake with the system?

Please help!

Thank you

Hey ...i have been in excat same situation...eligible for CEC and got ITA for FSW and then got rejected after 5 months,...this was brutal.....i consulted many lawyer..paid tons of money and nothing...everyone said ..they will not reopen the file...and wanted to charge me for created another profile...i decided to do everything by myself and then submitted a fresh application....do the same thing all over..no other options...it seems like a lottery now..you don't win ..try again ...one day u'll hit it ...good luck..

 

[jeffkang]

Hey ...i have been in excat same situation...eligible for CEC and got ITA for FSW and then got rejected after 5 months,...this was brutal.....i consulted many lawyer..paid tons of money and nothing...everyone said ..they will not reopen the file...and wanted to charge me for created another profile...i decided to do everything by myself and then submitted a fresh application....do the same thing all over..no other options...it seems like a lottery now..you don't win ..try again ...one day u'll hit it ...good luck..

Hi Harshmaru, did you submit a case-specific inquiry?

Also, were you rejected because you have foreign work experience but did not indicate, or because you just did not have foreign work exp.