applying for 2nd year IEC visa!(help/advice)

lotto123

hi all, I am an irish citizen living and working in Canada for the last twelve months. I am about to apply for my second year IEC visa. I have read that three year habitual residency for three years in Ireland prior to application. (aka i must of spent/lived for three years in ireland before going to Canada). I am short 6 months as i lived in England for some of this time. Any advice? has anyone had a similar situation? Are they very strict on Habitual residency? Thanks!!!

skibop

hi i am having a similar problem

Hi guys and girls.

I am just looking for some help/advice regarding the 2012 iec visa. I am already on the 2011 visa which runs out in mid April. They have changed the application process and I am having a couple of problems.

1/ The requirements for last year was that I am resident of Ireland and you didn't really need any proof so that all went fine. I have spent pretty much the last 2 years(prior to the 8 months I just spent in Canada) living in the states and the 7 years before this I lived in the UK, which I put down on the c.v. which I sent with my application and put it on the work history section of the visa application. This year it says

Residency Requirements

What does “3 years habitual residency requirement” mean?

This means that that a candidate’s habitual residence (i.e. physically residing/living) must be in Ireland for a period of at least three years full-time directly prior to applying to the IEC. An exception can be made if the candidate has temporarily resided in a foreign country for studies or short-term work, but the time spent outside Ireland must not exceed 18 months cumulative over the three previous years.

My problem is I will have to put in new information of where I lived and I dont know if they will cross reference it with the previous years forms (probably not I am hoping).


Also my passport has stamps of when I entered and left usa. I was their on a visa and did not overstay but i am afraid when I am entering Canada they might see that I was in the USA for almost 2 years and thus I would not be eligible but I guess by then I will have the visa.

Any help would be appreciated.

Thanks
Robert

deisedelight

i have same issue. anyone heard of anyone getting the visa with this issue

Jimmmy McNulty

I'm in the same boat. Interested to see if anyone applied for the IEC visa and got it, even though they were in breach of the new 18 month in Ireland rule. Cheers

Colmfatcamp

This topic is the great unknown and I suspect we're still a few weeks away from finding out how strict they are on it.

With regards cross-referencing previous applications to your latest one, I too "interpretted" the questions differently which will cause a discrepency between my last application and this one. I probably shouldn't have done it but anyway. We have a few people on the case so as soon as we find out we'll let you know.

Not promising, though!

retalivity

reading through the multiple threads, there are a lot of people who dont pass the 18 month rule, myself included. I suppose this could be the thread to group all these people together.
I have applied anyway, and from my registered post id i know it arrived in London over a week ago. Still no response yet though.
Now the question I have is whether they check the 18 month thing at the first stage or the second stage. And if anyone who hasnt been in Ireland for 18 months out of the past 3 years has gotten past the first stage yet...

Jimmmy McNulty

retalivity wrote: »

reading through the multiple threads, there are a lot of people who dont pass the 18 month rule, myself included. I suppose this could be the thread to group all these people together.
I have applied anyway, and from my registered post id i know it arrived in London over a week ago. Still no response yet though.
Now the question I have is whether they check the 18 month thing at the first stage or the second stage. And if anyone who hasnt been in Ireland for 18 months out of the past 3 years has gotten past the first stage yet...

The news I was dreading has arrived. My friend just got notice of a rejection with the reason being that he wasn't living in Ireland in the last 18 months. NOT GOOD NEWS! I still believe some people will slip through the net unless they input the dates and work it out off the system. I have to find out if it was at the first or secons stage though. I will get back to you on that when I find out!

Hitch11

Jimmmy McNulty wrote: »

The news I was dreading has arrived. My friend just got notice of a rejection with the reason being that he wasn't living in Ireland in the last 18 months. NOT GOOD NEWS! I still believe some people will slip through the net unless they input the dates and work it out off the system. I have to find out if it was at the first or secons stage though. I will get back to you on that when I find out!

Is the rule having to be living in Ireland for the last 18 months or having to have lived in ireland for an accumulative time of 18 months in the last 3 years?
Theres a big difference between them

Jimmmy McNulty

Hitch11 wrote: »

Is the rule having to be living in Ireland for the last 18 months or having to have lived in ireland for an accumulative time of 18 months in the last 3 years?
Theres a big difference between them

The rule is to have lived in Ireland for 18 months out of the last three years. I assumed people knew what the rule was at this stage as per the IEC guidelines so I didn't spell it out. I meant to just refer to it.

Hitch11

Relax McNulty , i wasnt having a go at you. I was genuinely wondering which it was..

Jimmmy McNulty

Hitch11 wrote: »

Relax McNulty , i wasnt having a go at you. I was genuinely wondering which it was..

No bother. I should be more precise with these things as they are very open to be taken the wrong way. I take it you are probably fine for qualifying for the visa by your response. It's going to turn into a mess for a lot of people now if the rule is strictly enforced..

DazzlerIE

I just sent off my application today, lived in Ireland for twenty months of the last three years, so hopefully I squeak through

I'd imagine this is to shut off the route of people who could potentially be going on to their third one-year working visa from using the three consecutive years in Canada to claim permanent residency....

Helix

why would they want to shut off that route though? where's the issue with that like?

DazzlerIE

Helix wrote: »

why would they want to shut off that route though? where's the issue with that like?

I'm just trying to come up with a reason why they're bringing in this 18 month rule all of a sudden

it seems pointless

Why bar people from doing it like this? You'd be making people go home, kick their heels for a few months for no good reason, then apply again

Jimmmy McNulty

I think they don't like people getting PR through this route. They want people making PR applications based off Canada actually need them and not because you managed to get to stay three years in the country on a working holiday visa in which you don't necessarily have to have worked at all. Makes sense really but it messes me up!

Helix

you cant get pr based on these visas though

DazzlerIE

Annoyingly, if you're Australian, you can renew your visa indefinitely until you turn 30 or 35, can't remember which

I've got an Aussie mate who has been here for six years straight on temp visas

DazzlerIE

Helix wrote: »

you cant get pr based on these visas though

I think being in the country three straight years is a huge step towards getting PR though, isn't it?

Jimmmy McNulty

Helix wrote: »

you cant get pr based on these visas though

No, but you can accumulate 2 years relevant working experience in Canada which makes it much easier to get PR on the skilled worker programme. With this amendment, they block you from getting to the 2 year mark effectively.

skibop

Jimmmy McNulty wrote: »

The news I was dreading has arrived. My friend just got notice of a rejection with the reason being that he wasn't living in Ireland in the last 18 months. NOT GOOD NEWS! I still believe some people will slip through the net unless they input the dates and work it out off the system. I have to find out if it was at the first or secons stage though. I will get back to you on that when I find out!

Hi Jimmy, was your friend the same as me....? did he change his details from last year or he told them the truth this year? or is it his first year?

thanks
ROB

Jimmmy McNulty

skibop wrote: »

Hi Jimmy, was your friend the same as me....? did he change his details from last year or he told them the truth this year? or is it his first year?

thanks
ROB

He told the truth and disclosed his time in Canada. He had the USIT visa first, currently on the first IEC and just got rejected on his second IEC application.

Jimmmy McNulty

To follow up on the rejection letter from the IEC.. I have found out that it he had got through the first stage and moved onto the second which to be evaluated.

The letter said that "we cannot process your application for the following reasons, where an "X" has been inserted in the list below:"

It went on to list 5 options and there was an "X" beside the following option:

"The information contained in your application package does not clearly indicate you meet the eligibility criteria of having habitually resided (i.e. physically lived) in Ireland for at least 18 months cumulative from over the last three (3) years directly prior to submitting your IEC application."

"We thank you for your interest and encourage you to explore other ways to discover Canada."

To summarise the other four rejection options they could have put an "X" beside:

1. A duplicate application was received. They will continue to process the original application sent in. I assume this is if you send one and decide there was a mistake or something and send another. Sounds like you should wait until the first gets rejected and then send it.

2. For being outside the age participation range for the visa. I think this is up to 35 or something like that.

3. The info on your passport ID pages on your passport indicates your citizenship makes you ineligible to participate under this initiative.

4. The info indicated contained in the copy of the ID pages in your passport indicates it will expire before we complete the processing of your application.


Hope this helps clarify things on the IEC visa applications.

DazzlerIE

Was he a borderline case, or comfortably over the 18 months?

Jimmmy McNulty

DazzlerIE wrote: »

Was he a borderline case, or comfortably over the 18 months?

He was clearly over the 18 months so it was pretty clear cut. He was over by a few months at the time of applying. I'm not sure what their cut-off is really. I wonder if you are under the 18 months when you apply but over it at the time of evaluation would you okay.. Hard to say but I'm sure we will get the answers on here soon enough.

DazzlerIE

I'm slightly under the 18-month line (Went home from my first year here after eight months, have only been back since August)

Just hoping they don't see two previous participtations and assume I'm over it

Will keep you all posted when I find out

Helix

might be worth getting a new passport, with a new number etc and trying again for anyone who gets knocked back

Jimmmy McNulty

DazzlerIE wrote: »

I'm slightly under the 18-month line (Went home from my first year here after eight months, have only been back since August)

Just hoping they don't see two previous participtations and assume I'm over it

Will keep you all posted when I find out

I think you will be fine. My friend was border line and was in contact with them. They told him to move home for a couple of months to bring him back under the 18 months and apply then. They will be looking at where you are living and not the fact that you have had two visa's. THis guy was on his second when they gave him this advice.

deisedelight

I,m in the same boat as everyone else.

Worked in UK for a a number of years, then spent a yr in Ireland and then came to canada on usit visa. went on implied status in early dec. found out yesterday that i had to leave the country immediately which was not a good situation tellin my employer. i felt like a criminal.

i too do not know where i stand. i enclosed all the truthful information last summer with my application but was refused. if this 18 month rule is enforced i am screwed and if i stay around home for a while i will only be entitled to a yr on iec visa as i ll have the same issues next yr

this whole habitual residency rule is a nightmare. i,m wondering is their anyway we can combine our all our individual situations together and go to politicial representatives back home on this. twill probably do jack **** but worth a try. this rule change has basically screwed up my canada dream.

Helix

do they do any kind of research into it? i mean if you just conveniently left something out, because you had a new passport, would they be able to figure anything out?

Helix

deisedelight wrote: »

Worked in UK for a a number of years, then spent a yr in Ireland and then came to canada on usit visa. went on implied status in early dec. found out yesterday that i had to leave the country immediately which was not a good situation tellin my employer. i felt like a criminal.

you cant extend usit or iec visas though, you were ALWAYS going to be told to leave the country immediately

orgaz

Helix wrote: »

you cant extend usit or iec visas though, you were ALWAYS going to be told to leave the country immediately

Not tottaly true Helix, My USIT visa is up on Monday and Im currently waiting on my work visa to come through and im on visitor status. Applied for a visitor visa while im waiting.

deisedelight

Helix wrote: »

you cant extend usit or iec visas though, you were ALWAYS going to be told to leave the country immediately

you can seek an extension while inland in canada. while you will be refused if you dont have requisite lmo documentation, it buys you time though while ur application is been processed. i pursued this avenue as my visa expired before iec window opening up. i only r eceived 6 or so weeks on it though so not worth it

orgaz

deisedelight wrote: »

you can seek an extension while inland in canada. while you will be refused if you dont have requisite lmo documentation, it buys you time though while ur application is been processed. i pursued this avenue as my visa expired before iec window opening up. i only r eceived 6 or so weeks on it though so not worth it

You dont need an LMO for a visitor visa. And I got 3 months on my visitor visa. I paid my IEC Fee yesterday, so hopefully hear something soon. The visitor pass is better than nothing and esp better than having to go home while you wait on your new visa. Well I think so anyway.

deisedelight

orgaz wrote: »

You dont need an LMO for a visitor visa. And I got 3 months on my visitor visa. I paid my IEC Fee yesterday, so hopefully hear something soon. The visitor pass is better than nothing and esp better than having to go home while you wait on your new visa. Well I think so anyway.

No, I sought a work permit extension which allowed me to work as it granted me implied status while a decision was been made.

Either way its no good to me no more with this BS habitual residency rule. If anyone hears anything more about especially on IEC side with applications, I d appreciate it if you let us know. Cheers

Helix

orgaz wrote: »

Not tottaly true Helix, My USIT visa is up on Monday and Im currently waiting on my work visa to come through and im on visitor status. Applied for a visitor visa while im waiting.

visitor visa isnt an extension

its a change of visa from one to the other. you cannot extend a USIT or IEC one to a new visa that allows you to work. it says it in the terms and conditions of each of them

cant be done

you can apply, but as seen above, you'll be asked to leave the country pretty sharpish

retalivity

I've been informed that I will be rejected too. So much for the advice I was given not to worry about the 18month stipulation

obeara

retalivity wrote: »

I've been informed that I will be rejected too. So much for the advice I was given not to worry about the 18month stipulation

Looks like I haven't a chance either so. 21 months and counting out of Ireland and they still havent acknowledged receipt of my application for a 2nd IEC.

Which phase were you rejected at or were you told informally?

retalivity

Informally. Backdoors and whatnot...

deisedelight

retalivity wrote: »

I've been informed that I will be rejected too. So much for the advice I was given not to worry about the 18month stipulation

sorry to hear this retalivity. its a pretty disgusting rule.
did the IEC inform you?

deisedelight

Helix wrote: »

do they do any kind of research into it? i mean if you just conveniently left something out, because you had a new passport, would they be able to figure anything out?

a new passport is a good idea but there surely is a trace to your last passport. like i would doubt your passport number changes. hence its no good.

Jimmmy McNulty

retalivity wrote: »

Informally. Backdoors and whatnot...

Sorry to hear that! Seems like it will become a common topic of discussion in the coming weeks.

Helix

deisedelight wrote: »

a new passport is a good idea but there surely is a trace to your last passport. like i would doubt your passport number changes. hence its no good.

your number definitely changes

decision

Helix wrote: »

your number definitely changes

right we need an official group for this issue. i take it that most people on this thread have read the basic requirements to getting a 1 year visa and are tired of seeing bloated threads with FAQ type questions being asked. if we group together our knowledge and findings on this issue we have a better crack at getting where we want to be. i would rather learn from others about what are the next steps to take post IEC rejection as it could save me hundreds in legal fees otherwise

skibop

retalivity wrote: »

I've been informed that I will be rejected too. So much for the advice I was given not to worry about the 18month stipulation

were you on 1st or second visa?
did you fill in the aplication saying you were out of the country for longer than 18months?

skibop

obeara wrote: »

Looks like I haven't a chance either so. 21 months and counting out of Ireland and they still havent acknowledged receipt of my application for a 2nd IEC.

Which phase were you rejected at or were you told informally?

did you tell them on the forms/cv that you were out of the country for 21 months? was this your second visa?

obeara

skibop wrote: »

did you tell them on the forms/cv that you were out of the country for 21 months? was this your second visa?

Ya in canada on my first IEC and was applying for 2nd year. So I had to match the info on the application i gave them last year when this rule wasnt in place.

I had 11 months studying in the UK followed by living in Ireland and now 10 months so far in Canada.

skibop

obeara wrote: »

Ya in canada on my first IEC and was applying for 2nd year. So I had to match the info on the application i gave them last year when this rule wasnt in place.

I had 11 months studying in the UK followed by living in Ireland and now 10 months so far in Canada.

I see, you are in same situation as me. except i told them i was in usa for previous 2 years and 8 years in the uk before that.
Its a shame we were so honest last year but like you said it didnt matter then.
Do you think I should just change my details about where I lived and hope they dont cross reference it with last years. I know its a long shot but its that or nothing. Or I guess I could look at some of the other options. My visa is not up until mid april.

deisedelight

decision wrote: »

right we need an official group for this issue. i take it that most people on this thread have read the basic requirements to getting a 1 year visa and are tired of seeing bloated threads with FAQ type questions being asked. if we group together our knowledge and findings on this issue we have a better crack at getting where we want to be. i would rather learn from others about what are the next steps to take post IEC rejection as it could save me hundreds in legal fees otherwise

agreed decision. i m in same boat. i have already paid a few hundred on this issue so have no interest in paying any more. we need to see is there ways around this. surely this rule cant be legal - it contravenes the common travel law etc. there has to be some way we can either challenge this or look at other steps

retalivity

skibop wrote: »

were you on 1st or second visa?
did you fill in the aplication saying you were out of the country for longer than 18months?

Im on my first, applying for my second.
I didnt explicitly say that I was out of the country for more than 18 months, but between resume, previous addresses and police certs, they can easily put it together

Helix

deisedelight wrote: »

surely this rule cant be legal - it contravenes the common travel law etc

theyre not stopping you travelling to canada, they're just not letting you work there which they're perfectly entitled to do

deisedelight

Helix wrote: »

theyre not stopping you travelling to canada, they're just not letting you work there which they're perfectly entitled to do

i,m talking about the common travel agreement between ireland & uk.