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18 month habitual residence rule for IEC?

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  • Closed Accounts Posts: 2,302 ✭✭✭JohnMearsheimer


    DeniseDee wrote: »
    It's three months past my 31st birthday :(

    Sorry to hear it, not really sure what your options are now. I'm now sure how closely the IEC and CIC people will look into your background if you apply on your Irish passport.


  • Registered Users Posts: 49 DeniseDee


    Sorry to hear it, not really sure what your options are now. I'm now sure how closely the IEC and CIC people will look into your background if you apply on your Irish passport.

    I don't think it would work. How could I get a police certificate if I've never lived in the country?


  • Closed Accounts Posts: 2,302 ✭✭✭JohnMearsheimer


    DeniseDee wrote: »
    I don't think it would work. How could I get a police certificate if I've never lived in the country?

    True, if they find out you provided them with false information they might ban you from Canada for a while......if you were to do it.


  • Registered Users Posts: 14,298 ✭✭✭✭retalivity


    DeniseDee wrote: »
    So apply with a fake work history?

    No matter how desperate you are, I would not recommend this.

    Firstly, who knows what data the IEC and Visa people have access to?...for all we know, I would imiagine there is correspondence between them and the civil service in ireland to perform some cross check of everyone through PPS numbers, to verify that they've worked and lived in the countries stated in the C.V's that are submitted with the applications. If not, sure why didnt everyone write down theyve been living in ireland for 3 years? This is also possibly a reason why the process is so slow.
    Secondly, what happens when you apply for a job over here? Do you use your fake work history or that used to get the visa or your real c.v.? Any job offered with a large company will have very stringent background checks, particualrly for foreigners, with in depth reference checks & visa eligibility checks. The difference in c.v.'s could easily be shown up here and youd be turfed out immediately.
    Thirdly, using a fake work history is a misrepresentation of yourself to gain a work permit and employment, which is fraud. Not only is it a criminal offence which could lead to jail (depending on the seriousness), it can also lead you to banned from canada for an indefinite time, and bar you from travelling to many other countries arround the world for years to come.


  • Registered Users Posts: 49 DeniseDee


    retalivity wrote: »
    No matter how desperate you are, I would not recommend this.

    Firstly, who knows what data the IEC and Visa people have access to?...for all we know, I would imiagine there is correspondence between them and the civil service in ireland to perform some cross check of everyone through PPS numbers, to verify that they've worked and lived in the countries stated in the C.V's that are submitted with the applications. If not, sure why didnt everyone write down theyve been living in ireland for 3 years? This is also possibly a reason why the process is so slow.
    Secondly, what happens when you apply for a job over here? Do you use your fake work history or that used to get the visa or your real c.v.? Any job offered with a large company will have very stringent background checks, particualrly for foreigners, with in depth reference checks & visa eligibility checks. The difference in c.v.'s could easily be shown up here and youd be turfed out immediately.
    Thirdly, using a fake work history is a misrepresentation of yourself to gain a work permit and employment, which is fraud. Not only is it a criminal offence which could lead to jail (depending on the seriousness), it can also lead you to banned from canada for an indefinite time, and bar you from travelling to many other countries arround the world for years to come.

    No, no, there is no way I would ever do that.
    I was just surprised that someone would suggest such a thing!

    That's why I said about how would I get the police cert. It wasn't an actual "how do I do this", but more, this didn't make sense.

    Guess it came across differently
    :)


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  • Closed Accounts Posts: 17 irishman1


    its for 2012


  • Closed Accounts Posts: 335 ✭✭cookiexx


    Has anyone been rejected by the CIC, having been approved by IEC and payment accepted?

    Im sort of freaking out as I'm passed the 18 month mark now - in Canada since August 2010, which puts me at 19 months. However, I applied in Feb (just under the 18 month mark) and got an 'IEC eligible, passed to second stage' email last week. Payment made and accepted, obviously.

    But worried now that whoever is evaluating my application in the CIC will see that I'm beyond 18 months now...and I'm really banking on this visa, don't think work sponsorship is an option...

    Anyone with a similar experience? Anyone been IEC approved and then rejected? It just seems like an evil thing to do!


  • Registered Users Posts: 667 ✭✭✭DazzlerIE


    My understanding of it is that the clock stops once they send you your acknowledgement of receipt, so you should be grand


  • Registered Users Posts: 447 ✭✭NoelAPM


    Are you allowed to apply for 3 WHVs in a row? Just wondering, I went on the last year of the USIT programme. I spoke about this with a friend who is still in Canada, he did 1 USIT visa and he just started his 1st IEC visa but he was under the impression he could not apply for his 2nd IEC visa. From what he was saying to me, he would have to come home for 18 months to get his 2nd IEC visa. I'm not sure they want people in Canada for 3 years.

    You cannot get 3! Because you would have been out of Ireland and in Canada for over 18 months


  • Closed Accounts Posts: 335 ✭✭cookiexx


    Thanks Dazzler, I just have a bad feeling about it.

    I haven't received my Medical email yet either and it's been 7 days since the 'second stage' email. From reading these threads it seems that email usually comes immediately after. So sort of freaking out about it all...

    This waiting game is pure evil!


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  • Closed Accounts Posts: 1 can123


    nimar wrote: »
    Hi guys,

    I just got rejected for the IEC visa with no reason given! (was accepted by IEC, paid my money, and then rejected by CIC!!). Was in Canada with USIT first for a year and am currently on my first IEC visa (am 4.5 months in). I had applied for a second IEC visa which has now just been rejected.

    I can't for the life of me figure out why it could possibly have been rejected except for this 18 month rule. The thing is, I'm out of Ireland just under 17 months and was out of Ireland only 16 months when they first accepted my application (by IEC). I know I'm borderline with the 18 months thing but just wondering if anyone else has been rejected under similar circumstances? My understanding was that the 18 month rule only applied up to the date of your application (ie - out of Ireland no more than 18 months up to time of application), but I'm guessing that whoever processed my application in CIC must have decided that I'm borderline and will be out of Ireland more than 18 months by the time the 2nd visa comes through. This seems ridiculous to me because if I'm not eligible under those circumstances, then IEC should have rejected my application and not taken my money! Apparently I can't get any information about the rejection until after the money has been refunded to me, which can take weeks.

    Anyone else have a similar experience or did I just get someone on a bad day processing my application?!?

    Cheers.

    hi i was just wondering how long it took for the CIC to advise your visa was not going to get awarded?

    cheers


  • Registered Users Posts: 14,298 ✭✭✭✭retalivity


    Off topic, but I just got a call from my lawyer stating that my work permit application was approved.
    I applied for a international student's spouse/common law partner work permit (they exist!) until November 2014 (a month before my passport expires), and I was approved. I was rejected earlier for an IEC as I broke the 18month rule.

    There are other ways!


  • Closed Accounts Posts: 335 ✭✭cookiexx


    It can be done! Got my LOI last night :D

    I'm in Canada since August 2010, so almost 20 months now. Sent off my application back in January and when I got the Receipt Notice on Feb 21st, I was flirting dangerously close to the 18-month mark...and a lot of my friends who are in Canada for a similar length of time have been refused...so I was understandably relieved to see it in my Inbox last night!

    Here's my timeline:

    17 January: Sent off application
    21 February: Notice of Receipt
    13 March: Payment request
    16 March: Paid
    27 March: IEC Eligible, sent to CIC
    11 April: Received LOI


    Best of luck to everyone.

    And having been through this for a second time, my advice would be to not place too much significance or get too freaked out by the horror stories around here. I know the process is a nightmare and it seems like a total roll of the dice as to who gets it and when, but for me the process ultimately ended up quite straight forward, albeit ridiculously slow.


  • Closed Accounts Posts: 2,302 ✭✭✭JohnMearsheimer


    NoelAPM wrote: »
    Are you allowed to apply for 3 WHVs in a row? Just wondering, I went on the last year of the USIT programme. I spoke about this with a friend who is still in Canada, he did 1 USIT visa and he just started his 1st IEC visa but he was under the impression he could not apply for his 2nd IEC visa. From what he was saying to me, he would have to come home for 18 months to get his 2nd IEC visa. I'm not sure they want people in Canada for 3 years.

    You cannot get 3! Because you would have been out of Ireland and in Canada for over 18 months

    It seems you can.


  • Closed Accounts Posts: 6 fletchy


    I've just been approved for my third


  • Posts: 0 ✭✭ [Deleted User]


    SO if i'm in New zealand on working holiday visa since January and previously on working holiday in canada in 2010, if i sent my application before June where i would hit the 18 month mark would I be okay? Is it definitely the Acknowledgement of receipt letter that stops the clock?


  • Registered Users Posts: 2 odwyermk84


    Hi Cookiexx,

    congrats, I'm delighted for you. I know this thred is a little bit old now but I'd really apprecite a reply. I'm coming to end of my VISA at on December 28th. I'm being affected by this ludicrous 18 month criteria. Despite the fact that I'll be on 19 months by the time the VISA's are available again in January I'm going to chance it. Did you just embelish your application or was it a simple but fortunate oversight on their behalf?

    Thanks!


  • Closed Accounts Posts: 11 tiger21


    Hey guys,
    I went through the usit visa and then got a first IEC visa and I came home after that expired just last month.
    If I ever wanted to go back could I apply for the second IEC visa anytime? Even if it wasn't for a year or two?


  • Registered Users Posts: 2 odwyermk84


    So long as you meet the eligibility requirements, i.e not be habitually resident outside Ireland for more than 18 months out of the past 3 years prior to your applying. Clear as muddy water, right? It's ridiculous rule, especially for Irish people when our country is the depths of recession. Many of us have little choice but to leave in order to find work. You can apply again in January Tiger21, you don't have to use the VISA that calender year either. Hope this helps?


  • Closed Accounts Posts: 11 tiger21


    ya thanks for the reply, i may go back. hope things work out for u


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  • Closed Accounts Posts: 335 ✭✭cookiexx


    odwyermk84 wrote: »
    Hi Cookiexx,

    congrats, I'm delighted for you. I know this thred is a little bit old now but I'd really apprecite a reply. I'm coming to end of my VISA at on December 28th. I'm being affected by this ludicrous 18 month criteria. Despite the fact that I'll be on 19 months by the time the VISA's are available again in January I'm going to chance it. Did you just embelish your application or was it a simple but fortunate oversight on their behalf?

    Thanks!

    Hey, no I didn't embellish. Thought about it, but ultimately decided the risk of being found out and rejected on that alone was higher than the risk of being outright rejected.

    So I was honest and at the time of application, was fast-approaching the threshold. Was virtually over it by the time I got my receipt of application, but it seemed to not make a difference to them.

    I don't know what the difference would be between me & someone else on the same timeline who got rejected. Luck, probably. I've worked for the Canadian Broadcasting Corporation for almost 2 years now on a very well-revered programme though so maybe I have that in my favour? I pretty much sailed through Customs on my way in for my third visa on that alone.

    If I were you I'd get myself to a good Immigration lawyer who deals regularly with Irish people. See if you have other options, like an LMO or applying for PR, and then apply on the 2013 programme when it opens in January for the hell of it.

    I wouldn't lie or 'embellish' though. If you do that and get found out you may find yourself with no options at all for staying here. I doubt they'd take to that kind of thing lightly to be honest.


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