URGENT: CEC App Refused - Officer mistakenly assumed Work Exp under Co-op

[Ed604]

Dear all,

This forum has been a tremendous help for many as I read through the threads, glad to have found it. I was hoping that I could get some help and answer from those experienced, or maybe if there are immigration officers on-board, lawyers, consultants, etc. and I thank you all in advance.

I have been living in Vancouver since Fall 2002, initially for studies and then work after graduation. I have got 2 Diplomas and a Bachelor's Degree, which were all completed here. My application was submitted to Buffalo, NY in August 2010 under Canadian Experience Class (CEC) with more than what was required, including work experience, language, etc. I received my file number in December 2010, and the file got transferred to Seattle in April 2011. After a long wait and a lot of emailing for my part, I received a refusal letter on August 2011. The Seattle office does not take calls, has no reception, and the only way to communicate is through email, and my emails were not even responded to, until I asked for assistance from Member of Parliament.

The officer processing my application mistakenly assumed that all my work experience was completed under Co-op - which I was never registered in, because my work permit states "off-campus/co-op." I brought this to my lawyer's attention (my former employer) and we proceeded with letters from Dean of School and Head of Co-op Dept, saying co-op was never a requirement for my major, and that I was never enrolled in the program. Letters from previous employers were also gathered, saying that all experience was never completed in pursuit of co-op completion.

We are communicating with the Canadian Consulate in Seattle through the MP's office, and Seattle's office sent a fax saying they needed more time to process, without any time frame laid out. It has now been well over 15 months since I submitted my CEC application, and my lawyer said it could be a good sign as Seattle's office asked for more time since it could mean they are seeking higher counsel in Ottawa. My question is, has anyone ever dealt with this kind of issue before? I know that officers make mistakes, but what are my chances in getting out of this with my Permanent Residency status?

Thanks for reading my long post, but this is very frustrating. I am a law-obedient resident and I never cause trouble, maybe a few parking tickets here and there but this issue is stressful and time-consuming. I would appreciate any comments and inputs from those experienced, thanks again and have a great day.

 

[jsa]

it is better to re apply with all the new paper work...................!!!

apealing does not make sence as it takes much more time mor than that there is no guarantee thet you will get it.!

 

[drunkhead]

if your work experience was performed under off-campus/co op work permit, doesnt matter wtever document u attach to support ur experience, it wont be considered, LAWFULLY.

You need to have your work experience under a work permit and not off campus/or co-op work permit. You might fell in ur own shit, because the officer might come up and ask you, how can you perform full time work with off campus or co-op work permit. Work conditions are different under these permits as compared to post graduation work permit or other full time work permit.

Off- campus work permit, maximum 20 hrs are allowed per week and with co-op work permit, the work performed should be part of ur studies. Just be careful, wt u r arguing with them?

 

[peace4all]

Dear all,

This forum has been a tremendous help for many as I read through the threads, glad to have found it. I was hoping that I could get some help and answer from those experienced, or maybe if there are immigration officers on-board, lawyers, consultants, etc. and I thank you all in advance.

I have been living in Vancouver since Fall 2002, initially for studies and then work after graduation. I have got 2 Diplomas and a Bachelor's Degree, which were all completed here. My application was submitted to Buffalo, NY in August 2010 under Canadian Experience Class (CEC) with more than what was required, including work experience, language, etc. I received my file number in December 2010, and the file got transferred to Seattle in April 2011. After a long wait and a lot of emailing for my part, I received a refusal letter on August 2011. The Seattle office does not take calls, has no reception, and the only way to communicate is through email, and my emails were not even responded to, until I asked for assistance from Member of Parliament.

The officer processing my application mistakenly assumed that all my work experience was completed under Co-op - which I was never registered in, because my work permit states "off-campus/co-op." I brought this to my lawyer's attention (my former employer) and we proceeded with letters from Dean of School and Head of Co-op Dept, saying co-op was never a requirement for my major, and that I was never enrolled in the program. Letters from previous employers were also gathered, saying that all experience was never completed in pursuit of co-op completion.

We are communicating with the Canadian Consulate in Seattle through the MP's office, and Seattle's office sent a fax saying they needed more time to process, without any time frame laid out. It has now been well over 15 months since I submitted my CEC application, and my lawyer said it could be a good sign as Seattle's office asked for more time since it could mean they are seeking higher counsel in Ottawa. My question is, has anyone ever dealt with this kind of issue before? I know that officers make mistakes, but what are my chances in getting out of this with my Permanent Residency status?

Thanks for reading my long post, but this is very frustrating. I am a law-obedient resident and I never cause trouble, maybe a few parking tickets here and there but this issue is stressful and time-consuming. I would appreciate any comments and inputs from those experienced, thanks again and have a great day.

I agree with jsa, you should reapply with necessary documents and chances are you will get ur PR faster than waiting for a reply on ur old case. Currently, whosoever is submitting new applications, most of them are getting transferred to Case Pilot Processing-Ottawa. Where you can get ur PR within six months. (according to current average processing times). I highly recommend to reapply as once you get a hold status on ur application, its very hard to get anything out of it.

Good Luck!

 

[jes_ON]

I have been living in Vancouver since Fall 2002, initially for studies and then work after graduation. I have got 2 Diplomas and a Bachelor's Degree, which were all completed here. My application was submitted to Buffalo, NY in August 2010 under Canadian Experience Class (CEC) with more than what was required, including work experience, language, etc. I received my file number in December 2010, and the file got transferred to Seattle in April 2011. After a long wait and a lot of emailing for my part, I received a refusal letter on August 2011. The Seattle office does not take calls, has no reception, and the only way to communicate is through email, and my emails were not even responded to, until I asked for assistance from Member of Parliament.

The officer processing my application mistakenly assumed that all my work experience was completed under Co-op - which I was never registered in, because my work permit states "off-campus/co-op." I brought this to my lawyer's attention (my former employer) and we proceeded with letters from Dean of School and Head of Co-op Dept, saying co-op was never a requirement for my major, and that I was never enrolled in the program. Letters from previous employers were also gathered, saying that all experience was never completed in pursuit of co-op completion.

Don't quite understand what you mean - your work permit states "off-campus/Co-op" but you claim the work was not off-campus/co-op? Please clarify, because that sounds like your work experience was (a) pre-graduation (not "counted" regardless of whether it was a formal co-op), and/or (b) unauthorized.

For your work experience to "count" it would have had to:
-occur after graduation
-be completed within 2 years preceding the the date of application
-be authorized (e.g. with an appropriate work permit)

Good luck, there's no harm in submitting a new application, while pursing the existing claim -

 

[Ed604]

it is better to re apply with all the new paper work...................!!!

apealing does not make sence as it takes much more time mor than that there is no guarantee thet you will get it.!

Hi jsa, did you apply under CEC as well? Thanks for your feedback, how was your experience with CEC? Or are you an immigration officer/consultant? I didn't appeal the case but rather send a letter referring to the regulations and how my work experience complies with rules. I'm grateful for my former employer as she concentrates solely on Immigration Law since 30 years ago. We discussed the possibility of appealing at Federal Court but then it is costly, more time-consuming and no results guaranteed.

 

[Ed604]

if your work experience was performed under off-campus/co op work permit, doesnt matter wtever document u attach to support ur experience, it wont be considered, LAWFULLY.

You need to have your work experience under a work permit and not off campus/or co-op work permit. You might fell in ur own *censored word*, because the officer might come up and ask you, how can you perform full time work with off campus or co-op work permit. Work conditions are different under these permits as compared to post graduation work permit or other full time work permit.

Off- campus work permit, maximum 20 hrs are allowed per week and with co-op work permit, the work performed should be part of ur studies. Just be careful, wt u r arguing with them?

Noted, thanks for your feedback. How was your experience with CEC and could you provide time frame please?

 

[Ed604]

I agree with jsa, you should reapply with necessary documents and chances are you will get ur PR faster than waiting for a reply on ur old case. Currently, whosoever is submitting new applications, most of them are getting transferred to Case Pilot Processing-Ottawa. Where you can get ur PR within six months. (according to current average processing times). I highly recommend to reapply as once you get a hold status on ur application, its very hard to get anything out of it.

Good Luck!

Hi thanks for your feedback, how long did the Case Pilot Processing in Ottawa process your submission?

 

[Ed604]

Don't quite understand what you mean - your work permit states "off-campus/Co-op" but you claim the work was not off-campus/co-op? Please clarify, because that sounds like your work experience was (a) pre-graduation (not "counted" regardless of whether it was a formal co-op), and/or (b) unauthorized.

For your work experience to "count" it would have had to:
-occur after graduation
-be completed within 2 years preceding the the date of application
-be authorized (e.g. with an appropriate work permit)

Good luck, there's no harm in submitting a new application, while pursing the existing claim -

All the work performed was off-campus and they occurred after graduation, within 2 years preceding application, and with valid work permit. I guess Immigration provided me with a wrong work permit then? Thanks btw!

 

[umairz]

All the work performed was off-campus and they occurred after graduation, within 2 years preceding application, and with valid work permit. I guess Immigration provided me with a wrong work permit then? Thanks btw!

Ok, ED604 can you please clarify the issue here? What is your work permit? Did you apply after you graduated? Is it "so called" Post graduation work permit? How long did you get ir for? And you work experience? Did you submit a letter from employer that you have a legit work experience of one year in class 0,A OR B?

Please high light these options clearly and peopel can answer you better. because personally I believe people on this forum can help you better than any immigration lawyer, they are just waste of money. But you need to clearly indicate your application documents. So, we can definitely tell you if there is soemthign wrong. Because most of the people here are either new, in the middle or almost done or already done with PR and everyone has their own story and info to share.

So please feel free to highlight these questions and then you will get enough help!.

Thanks and Good Luck!

 

[jes_ON]

Noted, thanks for your feedback. How was your experience with CEC and could you provide time frame please?

My time frame is provided to the left of this box. "how was my experience with CEC"? - That's a pretty broad and vague question. I landed as a permanent resident this year.

 

[umairz]

My time frame is provided to the left of this box. "how was my experience with CEC"? - That's a pretty broad and vague question. I landed as a permanent resident this year.

Yeah, lol, Almost sounded like an Immigration officer is aksing you to do a survey, haha!

 

[jes_ON]

All the work performed was off-campus and they occurred after graduation, within 2 years preceding application, and with valid work permit. I guess Immigration provided me with a wrong work permit then? Thanks btw!

After graduation, it sounds like maybe you did not change your status from student (with off campus work permit) to worker (with post-graduate work permit (PGWP) or temporary work permit). An off-campus work permit is supposed to be valid at most for 90 days after graduation (same as your study permit). Beyond that, you cannot work under an off-campus work permit if you are no longer enrolled as a student, and you are supposed to surrender the off-campus work permit (or, apply for a PGWP).

It's possible that immigration made an error on the work permit - more likely they gave you what you asked for, but you asked for the wrong thing For example, if you applied to extend your existing (off campus) work permit rather than for a "new" work permit (post graduate) - looking at the current instruction guide, it IS confusing - One would hope that CIC would catch the error, but unfortunately, the responsibility ultimately lies with the applicant.

http://www.cic.gc.ca/english/information/applications/work-students.asp

but also see p. 21-28 of the OP 12:
http://www.cic.gc.ca/english/resources/manuals/op/op12-eng.pdf

If it was an administrative error on CIC's part and you can prove it, your case may have a shot. If you got bad advice from a lawyer, it is less likely to hold weight...

Still, you are forcing us to speculate, without knowing exactly what type of work permit you were holding after graduation - can you confirm that for us?

 

[Ed604]

Thanks, umairz & jes_on. The work permit issued is off-campus/co-op, and it seems neither I nor my employers clarified it should have been a post-grad. I was thinking I still hold a valid work permit and did not want to bother Immigration with issuing another one. None of the work experiences performed after graduation was pursuant to completion of co-op program as I have obviously graduated. Has anyone had this before?

 

[umairz]

Thanks, umairz & jes_on. The work permit issued is off-campus/co-op, and it seems neither I nor my employers clarified it should have been a post-grad. I was thinking I still hold a valid work permit and did not want to bother Immigration with issuing another one. None of the work experiences performed after graduation was pursuant to completion of co-op program as I have obviously graduated. Has anyone had this before?

Ok, well then the work permit type is wrong! Under that work permit you are not allowed to work more than 20 hours per week! I guess the one way to get around this is now to get letters from your employers as a valid full time work and try tp prove it to immigration and see if you can still get a post graduation work permit? I am not sure If you can but you should look into it. I am sorry man, this is a unique and a little complicated case. May be you should call cic first of all and tell them all this and see what they say! if no hope then send an e-mail to the VO you applied to with updated job reference letters from employers. I hope that will work and if it doesn't unfortunatley, then I am sorry to inform you that you are gonna have to start from scratch by building up work experience. But for starters get this visa status changed somehow.