PR REFUSED -- URGENT! - August 2014 applicant

[Pearl1]

timelines???

application was received on august 18, 2014.

this is from one of the previous posts by this member.

 

[yixiaop26]

Hi everyone, I cannot believe it, but yesterday, I received the email that my application for permanent residence was refused, because the officer was not satisfied with my work experience.

Here is the thing:
I have 11 months of work experience in a job that was, back in 2012, a C-Level unskilled job NOC 1452, but later in 2012, it was upgraded to a B-Level NOC 2283 skilled job and we also got paid more.

They said that the work experience prior to the change was retroactively considered a B-Level skilled work experience.

Later, in 2014 I returned to Canada to work in the same position under NOC 2283.

As soon as I had my 12 months of work experience, I applied under CEC in August 2014.

The officer says that I do not meet the requirements, because on my first work permit, he read that I was working in a C-Level level unskilled job and therefore have not 12 months of work experience in a skilled position and was unauthorized to work in the position, which is not true. At the time, nobody really knew how to categorize the job (linguistic video game tester) correctly until the government finally found perfect NOC for it and made it a B-level.

In my application letter, I wrote, however, that back in 2012, the position had been retroactively upgraded to a B-level.

I don't know what to do. I was suggested to call the local MP to help me and/or ask an immigration lawyer that are so expensive.

Alternatively, I now also have altogether 19 months of work experience under NOC 2283 and NOC 2171 and could re-apply under Express Entry.

I am scared that I have to leave Canada and give up everything that I worked so hard for. Especially now that my career has become what I had always been striving for since I was a little kid. I don't understand why the honest and hard working people always get punished. 2016 had been nothing but bad to me so far. What can I do?

Sorry to hear that, one thing is clear is that , they only assess your case based on the experience before you supply application. so here, experience after 2014 Aug can't help reopen , it do help for your EE, how many score you get in EE ?

never heard similar case before , but if your work permit is C , you can only work under C , even its meaning change to B by CIC , doesn't mean your work permit will be successful in B too ( they don't make assumption,even possible it is ok for your to get a B work permit ) , so VO can only treat them as C legal only.

I am not sure if there is some document to claim all old similar C work permit will be treat as B or not .

Any seniors have such experience , please help here.

I didn't see big chance to win the reopen . if EE have enough score, definitely try EE . even small gap , try IELTS again to better score. lawyer is expensive, Good lawyer is more expensive.

try MP is a good way , but MP will agree this is a mistake is another problem.

 

[OhWow]

I went to the local MP and she wrote a very detailed email. I hope I hear back in 2 days and it helps. She said, it happens often and usually, people have to re-apply. I also received a new letter of employment from my first employer which clearly states the duties that you would find under NOC 2283 (B-level). It is to prove that my work experience is retroactive.

She also said, I should apply for restroration.

Thanks all for your help.

 

[Kiranmayi]

I went to the local MP and she wrote a very detailed email. I hope I hear back in 2 days and it helps. She said, it happens often and usually, people have to re-apply. I also received a new letter of employment from my first employer which clearly states the duties that you would find under NOC 2283 (B-level). It is to prove that my work experience is retroactive.

She also said, I should apply for restroration.

Thanks all for your help.

did you check BOWP online status by any chance?

 

[OhWow]

did you check BOWP online status by any chance?

Still in progress.

 

[Kiranmayi]

Still in progress.

I hope and wish they will re-open your PR file before finalizing your bOWP file.. then you will be good again

 

[OhWow]

I hope and wish they will re-open your PR file before finalizing your bOWP file.. then you will be good again

Like I said, I contacted the MP. She said, she wants to get back to me in 2 days. And I have an appointment with a local lawyer on Friday.
I truly don't see any reason why this should not work out... I just cannot find any documentation about the NOC change in 2012.
The trouble with the position of linguistic video game tester is that the government never really knew where to put it. Eventually, they realized it is way more technical and assigned it to NOC 2283. Companies had to pay higher wages. I know, in 2014, shortly before I returned to Canada, it changed again and now the wage is even higher, because once more the government tried to find a NOC. They did not change the NOC, but simply combined two different wages and said, from now on, employers have to pay the testers 17$ instead of 13$.

 

[engenc]

such a mass.. CIC makes people wait 17 months and afterwards refusing their application with the reason that they are not eligible which should be crystal clear during the first evaluation before sending AORs ..It is not fair not to ask for further clarification/documentation either. They never know what kidda bad influence they have on ppl's life..

 

[nuke noodles]

I wanted to create my Express Entry profile, but I am uncertain what I should enter as NOC in the work experience.
Should I keep NOC 1452 for my first work experience, which is now actually NOC 2283?

However, I do have enough work experience for whatever came AFTER NOC 1452. I have 1 year of experience under a closed work permit with NOC 2283 and 7 months of experience under a BOWP with which I worked in a NOC 2171 position.

I think you should use all NOC codes for the work experience you're claiming. I am not very sure on how much CRS score you can get from each NOC, and I think your EE profile would be under FSW, not CEC. I hired a consultant created my EE profile under FSW, register in job bank etc (I don't have LMIA so I need job bank), as such I am not sure how exactly my consultant carried out my work experience CRS score.

When you meet your lawyer this Friday, please propose your intention to re-apply under EE and your lawyer might have more insights. Do not assume lawyers to look actively for solutions - make sure to bring up all proposals.

On a side note, my consultant charged $1800 for EE profile and free for consulting session. They don't charge until I decide to pay them to do EE. Do your lawyer charge upfront for consultation before you work with them? Perhaps consultant instead of lawyer is what you need the most.

 

[yixiaop26]

Like I said, I contacted the MP. She said, she wants to get back to me in 2 days. And I have an appointment with a local lawyer on Friday.
I truly don't see any reason why this should not work out... I just cannot find any documentation about the NOC change in 2012.
The trouble with the position of linguistic video game tester is that the government never really knew where to put it. Eventually, they realized it is way more technical and assigned it to NOC 2283. Companies had to pay higher wages. I know, in 2014, shortly before I returned to Canada, it changed again and now the wage is even higher, because once more the government tried to find a NOC. They did not change the NOC, but simply combined two different wages and said, from now on, employers have to pay the testers 17$ instead of 13$.

it is good to keep positive when this happening, I would also suggest consider calculate EE score , and work permit reapply if possible by talking with your boss. sometimes, we have to think about the worst situation . hope all this mess will been clean soon .

 

[PK_11]

Sorry to hear about rejection man. they took 17 months to reject a file ? that to they rejected at eligibility level, I guess that is first step after you get AOR.

 

[OhWow]

Do your lawyer charge upfront for consultation before you work with them? Perhaps consultant instead of lawyer is what you need the most.

The lawyer will consult me on the first day 60-90 minutes. It's $500. It's a lot. I heard good things about him though. I will bring all my documents.

 

[OhWow]

it is good to keep positive when this happening, I would also suggest consider calculate EE score , and work permit reapply if possible by talking with your boss. sometimes, we have to think about the worst situation . hope all this mess will been clean soon .

I don't have a boss anymore. I am self-employed and was on implied status since late January because my first BOWP expired.

 

[nuke noodles]

The lawyer will consult me on the first day 60-90 minutes. It's $500. It's a lot. I heard good things about him though. I will bring all my documents.

I recommend you find an immigration consultant asap, too. You should get opinions from 2 professionals if possible. Consultants should be free of charge until you decide to pay them for working on EE. Consultants can act as your representative, BOWP, PR, EE are what they're specialized in, and they don't have a law degree and may not fight your case with cic. Lawyers on the other hand will make money at all possibilities, I suppose fighting with cic is what they are specialized in, at a high cost.

I have experienced both, lawyer is reputable, charged $12k, put me in old cec, and ofc no outcomes at all, and they appear to work on my case as slow as they can perhaps to milk more money out of my case, and suggested me NOT to apply EE. The next thing I know is I applied to EE and got invitation immediately.

 

[AEE11]

Hey bud

Sorry to hear about rejection. Its good you're acting fast. As you're first BOWP is already expired and applied for another one. Mostly as PR application is rejected, they might even reject BOWP too, incase if they check your file. And if it is the case you have keep your legal status in Canada, so that you can fight for PR application. Apply for some TRV or something so that you can keep status in Canada. I heard that you will have some time to get new status.

Also get your GCMS notes for your PR application, dont get email one, get the hard copy (CD) one. Apply it right away, it will give you some info of what VO did.

Keep us posted man.