PR Application Review

[nick22]

Can anyone recommend a consultant/lawyer in the Greater Toronto Area that would review your application at a nominal cost to ensure that all documents are complete and in order? I got rejected first time around on the basis of me not completing 1 yr of work experience (I calculated the 1yr criteria from the date my pgwp was issued, and not the date my degree was conferred). I wanted to make sure my application is spot on this time, so would like it reviewed by someone experience in the area. Any help would be appreciated. Thanks!

 

[kushari]

The one year period pertains to when you started working not to issuance of your diploma or pgwp.

 

[nick22]

The one year period pertains to when you started working not to issuance of your diploma or pgwp.

No, your 1 yr criteria is calculated from the date your degree is conferred. I started working full time before my degree was conferred (was working with a pgwp) but my work prior to my degree being conferred was not counted which worked against me.

Anyways back to the purpose of the thread...

 

[kushari]

Can you link to where CIC states this?

 

[seton]

Can you link to where CIC states this?

From the CIC website:

be either:
a temporary foreign worker with at least two years of full-time (or equivalent) skilled work experience in Canada, or
a foreign graduate from a Canadian post-secondary institution with at least one year of full-time (or equivalent) skilled work experience in Canada

http://www.cic.gc.ca/english/immigrate/cec/apply-who.asp

Note the wording graduate, which only occurs when your degree/diploma is conferred.

Here are the regulation regarding the CEC class (http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-36.html#h-44):

(a) they

(i) have acquired in Canada within the 24 months before the day on which their application for permanent residence is made at least 12 months 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, and have acquired that work experience after having obtained

(A) a diploma, degree or trade or apprenticeship credential issued on the completion of a program of full-time study or training of at least two years' duration at a public, provincially recognized post-secondary educational or training institution in Canada,

(B) a diploma or trade or apprenticeship credential issued on the completion of a program of full-time study or training of at least two years' duration at a private, Quebec post-secondary institution that operates under the same rules and regulations as public Quebec post-secondary institutions and that receives at least 50 per cent of its financing for its overall operations from government grants, subsidies or other assistance,

(C) a degree from a private, provincially recognized post-secondary educational institution in Canada issued on the completion of a program of full-time study of at least two years' duration, or

(D) a graduate degree from a provincially recognized post-secondary educational institution in Canada issued on the completion of a program of full-time study of at least one year's duration and within two years after obtaining a degree or diploma from an institution referred to in clause (A) or (C), or

(ii) have acquired in Canada within the 36 months before the day on which their application for permanent residence is made at least 24 months 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;

Please note the words used... issued or obtaining a degree.

It's a technicality, but what ends up happening is your degree/diploma is dated the day of your convocation. As such, the CIC officer assesses your work experience from this day. If you apply before a full year of the date you received the degree, then you will end up being short the year (regardless of the time between reaching the requirements to graduate and graduation).

And for further evidence outside the CIC, here is a FAQ from a Canadian university distinguishing between a graduand (meeting requirements to graduate) and a graduate:

Q. What is the difference between Graduation and Convocation?

A. Graduation is the term used when you have completed all the requirements for your program and the University of Manitoba Senate has approved you to be granted the degree/diploma/certificate you are eligible to receive. You graduate when the Chancellor or President of the University of Manitoba confers degrees at Convocation to all graduands for that term.

Convocation is the term used for the ceremony at which degrees/diplomas/certificates are conferred.


Q. What is a graduand? When am I a graduate?

A. During the time between Senate approving you to graduate and the conferral of your degree at Convocation, you are referred to as a graduand. Once your degree has been conferred, you can refer to yourself as a graduate.



Q. What do you call the piece of paper I receive when I graduate?

A. The paper you receive is called by many different names; for example, degree, diploma, certificate, and parchment are just some of the terms you hear. In the communications you receive from the University of Manitoba Convocation Office, it is referred to as a parchment.

http://umanitoba.ca/student/records/graduation/837.html

Synopsis: you only graduate at convocation. Both the CIC and the Immigration Act itself are working to say graduate or obtain a degree. You don't obtain your degree until your convocation.

To the OP: don't know any lawyers, sorry.

 

[kushari]

Thanks guys. Wow, I was scared for a second. I started working May 31st 2011. My diploma says May 20th 2011. However I finished my classes in December 2010. So I should not have any problems, but that really freaked me out!

Nick: I'm using Campbell Cohen in Montreal. They are the ones that own this website. I recommend them, unless you really want someone in Toronto. Just go to canadavisa.com

 

[panraman]

Dear Kushari/Senior members,

Could you tell us what is fees for Campbell Cohen's Lawyer firm to review applications? Thanks.

 

[diana83]

My guy is out in Markham, Ontario, and he was excellent...but it depends what you mean by "nominal fee." Mine was $2,000 and he handled everything on my behalf...definitely worth every penny, since he found and fixed even the slightest of issues that could have been a setback. I've heard there are cheaper ones out there, but you have to be aware of scam artists, too.

 

[bahadur30]

Corporate Immigration Lawyer ...They are good.

 

[can123]

What are other good lawyers in Vancouver? Thank you

 

[kushari]

Campbell Cohen is around 2000 also.