Application Rejection on Technicality - HELP!

[nick22]

Hello,

I was hoping that you could provide me with some help with regards to my Permanent Residency application under the Canadian Experience Class. My application for permanent residency was rejected because of the below reason I received from Citizenship and Immigration Canada:

I am not satisfied that you meet the skilled work experience requirement because you do not have at least 12 months of full-time work experience, or the equivalent in part-time work experience, in an occupation listed in Skill Type O Management Occupations or Skill Level A or B of the National Occupational Classification matrix after having obtained your degree credential. Your graduation certificate states you were conferred your degree on 17 June 2011. From 18 June 2011 to the date before your application for permanent residency, 21 March 2012, you acquired 9 months of full-time work experience.

My degree requirements were complete in end January 2011 when my grades became official. My degree was only conferred on June 17, 2011 at the time of my convocation. Please note that my post graduate work permit was issued to me on March 11, 2011 which was over a year prior to my PR application being submitted on March 21, 2012. My post graduate work permit was issued to me based on the fact that I have completed my degree requirements. So I find it contradictory that CIC would base the eligibility of me completing a year of work experience from the date my degree was actually conferred and not the date my post graduate work permit was issued to me. I believe that the fact that the university letter stated that my degree was conferred on June 17, 2011 worked against me since the immigration officer made their interpretation based on this.

I am still not sure on what the exact rule is to base the 1 year full time work experience criteria, and I could not find anything on the CIC website for this. Is it calculated from

1) the date my grades became official i.e. sometime in January 2011
2) the date I was issued my post graduate work permit i.e. March 11, 2011
3) the date my degree was conferred i.e. June 17, 2011

Does anyone have any information on this? My application should be fine if it is 1) or 2) above.

In addition, do you guys suggest reapplying or sending CIC an email/letter explaining them my situation in the hope of them re-opening my file. I am still currently employed with the same company since January 2011. Do they ever re-open files once a decision is made even though it could have been made in error? I rather not go through such a long process again. I submitted by application on March 21, 2012 and it took them close to 8 months to respond.

Thanks again!

Nick

 

[rus66958]

Did you send any letter from university stating that you had completed all the requirements for graduation in January 2011?

 

[Johnny31]

if you reapply now, you'll definitely have over 1yr of working experience and your chances will be better than your 1st attempt! from what people has shared on this forum, they don't usually reconsider cases after it's been rejected, even if you write them a letter/email. your best bet is to reapply and i think you have a good shot this time.

@ujbaby, you can apply for PGWP as soon as you finish all your classes for your degree. I just submitted a degree completion letter along with my application to apply for my PGWP. I finished my courses in December of 09' and got my PGWP in February of 10' and my official graduation was in June of 2010

 

[ujbaby]

Hello,

I was hoping that you could provide me with some help with regards to my Permanent Residency application under the Canadian Experience Class. My application for permanent residency was rejected because of the below reason I received from Citizenship and Immigration Canada:

I am not satisfied that you meet the skilled work experience requirement because you do not have at least 12 months of full-time work experience, or the equivalent in part-time work experience, in an occupation listed in Skill Type O Management Occupations or Skill Level A or B of the National Occupational Classification matrix after having obtained your degree credential. Your graduation certificate states you were conferred your degree on 17 June 2011. From 18 June 2011 to the date before your application for permanent residency, 21 March 2012, you acquired 9 months of full-time work experience.

My degree requirements were complete in end January 2011 when my grades became official. My degree was only conferred on June 17, 2011 at the time of my convocation. Please note that my post graduate work permit was issued to me on March 11, 2011 which was over a year prior to my PR application being submitted on March 21, 2012. My post graduate work permit was issued to me based on the fact that I have completed my degree requirements. So I find it contradictory that CIC would base the eligibility of me completing a year of work experience from the date my degree was actually conferred and not the date my post graduate work permit was issued to me. I believe that the fact that the university letter stated that my degree was conferred on June 17, 2011 worked against me since the immigration officer made their interpretation based on this.

I am still not sure on what the exact rule is to base the 1 year full time work experience criteria, and I could not find anything on the CIC website for this. Is it calculated from

1) the date my grades became official i.e. sometime in January 2011
2) the date I was issued my post graduate work permit i.e. March 11, 2011
3) the date my degree was conferred i.e. June 17, 2011

Does anyone have any information on this? My application should be fine if it is 1) or 2) above.

In addition, do you guys suggest reapplying or sending CIC an email/letter explaining them my situation in the hope of them re-opening my file. I am still currently employed with the same company since January 2011. Do they ever re-open files once a decision is made even though it could have been made in error? I rather not go through such a long process again. I submitted by application on March 21, 2012 and it took them close to 8 months to respond.

Thanks again!

Nick

sorry about ur rejection. my advice to u is to reapply . I think they based their decision on when u were conferred with ur degree( they works with evidence at hand) so u might not convince them that u finished ur program earlier.. Did u get Acknowlegdement of receipt before this decision??? and if so when did u receive acknowlegdment???

 

[nick22]

Well the whole question is what do you categorize as "graduation"? Do you "graduate" when your grades become official or at the time your degree is conferred? I received my post graduate work permit prior to my degree getting conferred. But in the university letter I provided for my post graduate work permit application, it stated that I have completed all my degree requirements. It seems like such a technicality.

 

[nick22]

sorry about ur rejection. my advice to u is to reapply . I think they based their decision on when u were conferred with ur degree( they works with evidence at hand) so u might not convince them that u finished ur program earlier.. Did u get Acknowlegdement of receipt before this decision??? and if so when did u receive acknowlegdment???

I received acknowledgement in June 2012 via email. And another email couple days ago regarding the rejection.

 

[Johnny31]

Well the whole question is what do you categorize as "graduation"? Do you "graduate" when your grades become official or at the time your degree is conferred? I received my post graduate work permit prior to my degree getting conferred. But in the university letter I provided for my post graduate work permit application, it stated that I have completed all my degree requirements. It seems like such a technicality.

According to CIC OP 25 page 19 section 9.11:

http://www.cic.gc.ca/english/resources/manuals/op/op25-eng.pdf

"For the Post-Graduation Stream, the applicant must have obtained 12 months of full-time equivalent Canadian skilled-work experience within the 24 months preceding the date of application. This experience must be acquired after they have completed the required program of study and obtained a Canadian educational credential. "

so I guess that's why they started counting your work experience after you got your diploma.

 

[nick22]

Thanks Johnny!

I don't understand why they straight rejected my application though. I have been working with the same company since January 2011 and have over a years work experience even from the date my degree was conferred in June 2011. Surely if I can provide them with a recent employment letter that should be enough from them to re-open my application. It seems ridiculous that I would have to go through the entire process again. Would they ever re-open an application in such a situation?

 

[Johnny31]

Thanks Johnny!

I don't understand why they straight rejected my application though. I have been working with the same company since January 2011 and have over a years work experience even from the date my degree was conferred in June 2011. Surely if I can provide them with a recent employment letter that should be enough from them to re-open my application. It seems ridiculous that I would have to go through the entire process again. Would they ever re-open an application in such a situation?

this is strictly my opinion, because they rejected your case based on something written in the CIC manual, I highly doubt they will be sympathetic towards your particular case because VOs are not really known for their sympathy towards applicants. But however, since you've already have more than 1yr of experience under your belt, reapplying for CEC this time wouldn't be a bad idea for you! i know you're gonna have to start your application from scratch, but atleast your chances of obtaining PPR aren't over yet! some people here gets rejected once and its all over for them.

 

[jes_ON]

Well the whole question is what do you categorize as "graduation"? Do you "graduate" when your grades become official or at the time your degree is conferred? I received my post graduate work permit prior to my degree getting conferred. But in the university letter I provided for my post graduate work permit application, it stated that I have completed all my degree requirements. It seems like such a technicality.

Sorry to hear of your confusion, you are not the first on this board to have this problem. CEC requirements are very clear that work experience will only be counted AFTER GRADUATION. Graduation is when you get your degree. You can look up the definition - either a common dictionary or your own college/university's definition. For most of us native speakers, it is such common knowledge that it's hard to understand how it can be confusing. But clearly it is for many foreign students...

Just because the PGWP program allows you to get the work permit before graduation does not mean that the CEC program will do the same - they are different programs, have different eligibility requirements, and you should be careful not to confuse them or assume the requirements would be the same.

The only silver lining is that, as others have pointed out, you qualify now, so you can re-apply.

 

[seton]

It is a silly technicality, however it is based on some substance. Universities don't consider you a graduate until your convocation ceremony. Between the time that you met the requirements to graduate and your graduation ceremony, you are considered a graduand. On your resume, you aren't supposed to list having obtained a degree during this time. Because of the way the Act is written (it mentions graduation), the CIC is strict in their interpretation of this. As such, unfortunately your option now is to re-apply.

 

[home3d2001]

Woow, my situation is exactly like you nick22. I was graduated in January 2011, got my work permit in March 13, and finally my parchment in June 18, 2011.

I think my application is going to be rejected if they don't count my work hours before June. I am so upset. This is not happening!!!!!!

 

[ujbaby]

Woow, my situation is exactly like you nick22. I was graduated in January 2011, got my work permit in March 13, and finally my parchment in June 18, 2011.

I think my application is going to be rejected if they don't count my work hours before June. I am so upset. This is not happening!!!!!!

did u received aor???

 

[home3d2001]

No , I applied in August and got my AOR in septmeber. My ecase says my application processing. I really don't understand why they rejected nick22 application. I was told that my work experience counts since the moment I get my work permit which was in February 2011. This is so unfair.

 

[ujbaby]

No , I applied in August and got my AOR in septmeber. My ecase says my application processing. I really don't understand why they rejected nick22 application. I was told that my work experience counts since the moment I get my work permit which was in February 2011. This is so unfair.

hang in there buddy and don't be discouraged.. every case varies and i believed urs might turn out good. all the best