My application refused saying by the time i submitted the application it's not eligible for the CEC

[rajaanala]

HI,

I was there in canada from jan2014 to dec 2015, I got an ITA on Dec 31st on CEC(Canadian Express Class), I submitted my application March 29. I received the application got refused reason saying "
I have now completed the assessment of your application for a permanent resident visa as a member of the Canadian Experience Class and have determined that you do not meet the requirements for immigration to Canada.
According to the Immigration and Refugee Protection Regulations, applicants in the Canadian Experience Class are assessed on the basis of the pass/fail requirements set out in subsection R87.1(2). The assessment of these criteria determines whether a worker with Canadian experience will be able to become economically established in Canada. The criteria are:
 temporary resident status during the qualifying period of work experience in Canada,
 meeting the minimum language proficiency threshold in either English or French, and
 qualifying Canadian skilled work experience.

Any suggestions, Can I proceed Legally.

Thanks in advance.

 

[bimale4bipeople]

HI,

I was there in canada from jan2014 to dec 2015, I got an ITA on Dec 31st on CEC(Canadian Express Class), I submitted my application March 29. I received the application got refused reason saying "
I have now completed the assessment of your application for a permanent resident visa as a member of the Canadian Experience Class and have determined that you do not meet the requirements for immigration to Canada.
According to the Immigration and Refugee Protection Regulations, applicants in the Canadian Experience Class are assessed on the basis of the pass/fail requirements set out in subsection R87.1(2). The assessment of these criteria determines whether a worker with Canadian experience will be able to become economically established in Canada. The criteria are:
 temporary resident status during the qualifying period of work experience in Canada,
 meeting the minimum language proficiency threshold in either English or French, and
 qualifying Canadian skilled work experience.

Any suggestions, Can I proceed Legally.

Thanks in advance.

Does your work exp in falls under NOC 0, A, B and is meeting working hour / week requirement ?
Whats your language score in each discipline?

 

[zardoz]

HI,

I was there in canada from jan2014 to dec 2015, I got an ITA on Dec 31st on CEC(Canadian Express Class), I submitted my application March 29. I received the application got refused reason saying "
I have now completed the assessment of your application for a permanent resident visa as a member of the Canadian Experience Class and have determined that you do not meet the requirements for immigration to Canada.
According to the Immigration and Refugee Protection Regulations, applicants in the Canadian Experience Class are assessed on the basis of the pass/fail requirements set out in subsection R87.1(2). The assessment of these criteria determines whether a worker with Canadian experience will be able to become economically established in Canada. The criteria are:
 temporary resident status during the qualifying period of work experience in Canada,
 meeting the minimum language proficiency threshold in either English or French, and
 qualifying Canadian skilled work experience.

Any suggestions, Can I proceed Legally.

Thanks in advance.

You didn't say anything about which of the criteria you were refused on.

 

[rajaanala]

Hi, Thanks for your quick responses, Please see the complete details posted below and your suggestions are much appreciated.

Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada: Design Engineer (NOC 2133)
I am not satisfied that you meet the skilled work experience requirement(s) because your declared employment in Canada with your company occurred from October 2013 to December 2015. According to R87.1(2)(a), you must have acquired in Canada, within the three years before the date on which your application for permanent residence is made, at least one year of full-time work experience, or the equivalent in part-time work experience at NOC skill level 0, A, or B. Your application for permanent residence was received on March 29, 2018. Therefore, you must have acquired one year of qualifying Canadian work experience within the three year period from March 29, 2015 to March 29, 2018. Based on the employment documentation provided, I am not satisfied that you have acquired one year of Canadian work experience within the three years before the date on which your application for permanent residence was made, as per R87.1(2)(a).
Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the Regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.
In addition, according to the Immigration and Refugee Protection Act:
11.2 An officer may not issue a visa or other document in respect of an application for permanent residence to a foreign national who was issued an invitation under Division 0.1 to make such an application if – at the time the invitation was issued or at the time the officer received their application – the foreign national did not meet the criteria set out in an instruction given under paragraph 10.3(1)(e) or does not have the qualifications on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h) and were consequently issued the invitation.
Section 11.2 of the Act requires that information provided in your Express Entry Profile concerning your eligibility to be invited to apply (10.3(1)(e)) as well as the qualifications on the basis of which you were ranked (10.3(1)(h)) be valid both at the time the invitation was issued and at the time the application for permanent residence is received.
As I have found that you no longer meet the minimum criteria to be eligible to be invited to apply set out in an instruction given under 10.3(1)(e), you no longer meet the requirements of Section 11.2 of the Act. I am therefore refusing your application.
You will receive a refund of the Right of Permanent Residence Fee that you have paid.
The decision communicated in this letter constitutes the definitive and final decision on your present application. Your application will be retained, under current Government of Canada file retention guidelines, for a period of two years. Your application forms and supporting documents will not be returned to you. If you should submit a new application it would require new fees and documentation and would need to meet all the requirements in effect at the time the application is submitted.

 

[mark12345680]

From what the officer said, you don't qualify under CEC, however, I am not sure if file retention will prevent you from applying under FSW/ PNP?

 

[ranjangaur4]

Hi, Thanks for your quick responses, Please see the complete details posted below and your suggestions are much appreciated.

Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada: Design Engineer (NOC 2133)
I am not satisfied that you meet the skilled work experience requirement(s) because your declared employment in Canada with your company occurred from October 2013 to December 2015. According to R87.1(2)(a), you must have acquired in Canada, within the three years before the date on which your application for permanent residence is made, at least one year of full-time work experience, or the equivalent in part-time work experience at NOC skill level 0, A, or B. Your application for permanent residence was received on March 29, 2018. Therefore, you must have acquired one year of qualifying Canadian work experience within the three year period from March 29, 2015 to March 29, 2018. Based on the employment documentation provided, I am not satisfied that you have acquired one year of Canadian work experience within the three years before the date on which your application for permanent residence was made, as per R87.1(2)(a).
Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the Regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.
In addition, according to the Immigration and Refugee Protection Act:
11.2 An officer may not issue a visa or other document in respect of an application for permanent residence to a foreign national who was issued an invitation under Division 0.1 to make such an application if – at the time the invitation was issued or at the time the officer received their application – the foreign national did not meet the criteria set out in an instruction given under paragraph 10.3(1)(e) or does not have the qualifications on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h) and were consequently issued the invitation.
Section 11.2 of the Act requires that information provided in your Express Entry Profile concerning your eligibility to be invited to apply (10.3(1)(e)) as well as the qualifications on the basis of which you were ranked (10.3(1)(h)) be valid both at the time the invitation was issued and at the time the application for permanent residence is received.
As I have found that you no longer meet the minimum criteria to be eligible to be invited to apply set out in an instruction given under 10.3(1)(e), you no longer meet the requirements of Section 11.2 of the Act. I am therefore refusing your application.
You will receive a refund of the Right of Permanent Residence Fee that you have paid.
The decision communicated in this letter constitutes the definitive and final decision on your present application. Your application will be retained, under current Government of Canada file retention guidelines, for a period of two years. Your application forms and supporting documents will not be returned to you. If you should submit a new application it would require new fees and documentation and would need to meet all the requirements in effect at the time the application is submitted.

could it be that you no longer have at least 1 yr of canadian experience in the last 3 years? you mentioned you were there jan2014-dec2015. for this category, currently only your experience after July 2015 would count (within last 3 years).
Try again, as a FSW!

 

[jaffaral]

Officer was rite to refuse becuz your experience is more than 3 years old. In order to qualify for CEC u shud have at least 1 year paid work experience within 3 years. As suggested try for Fsw