BC PNP REFUSE. Can i appeal the result?

[carljay0219]

hi everyone, hi received my bc pnp result june 8,2015 and it was refuse, the reason is they say my employer was not giving me a 40 hours per week. but the company was giving me complete hours. my boss explain the way our payroll works. they based the decision through my payslips. can i appeal the results? because i think the one who holds my application just misinterpret or didnt understand the explanation of my boss regarding how our payroll works. thanks!

 

[kelbc]

1. What is complete hours? (How many hours exactly?)

2. Do the total hours on your pay slips that you sent match what you put in the forms? How many hours do they show?

3. Did they do a phone interview with you and/or your employer?

4. What does your employment contract/offer say on it? (Full-time, any hours mentioned?)

5. How does your payroll work? Usually it is outlined pretty strictly by employment laws. Not many options/deviations are possible except timing of paycheques and exceptions made through the employment contract.

 

[carljay0219]

they say based on my payslips i submitted i only average 37 hours per week. which is i doubt

im working 40 hours per week but i do have absences but not too much. i.e: i work 32 hours regular pay. and the other 8 hours stat pay. sums up 40 hours. all regular pay but only breakdown to make it detail. they only count the "32 hours" label as regular hours. they didnt count the stat pay because i think they think it is overtime/tips etc. hope you understand my explanation

they didnt interview me, but they call and email my employer to explain. he did explain the same thing. but still refuse.

i was offered a full time job 40 hours per week

payroll system break down each item..there was a line for regular hours, stat pays/work and overtime.

do i still have the chance to appeal the result? thanks!

i was upset because my other co-worker was approved. we both have same employer, same salary etc.

 

[Luther]

Am so sorry to hear this. Now i am worried as i also have some absents form work although i have been working for my company for 1 year and 6 months. But i have some pay stubs that say i worked 40 hours so i will probably scan them and sent it to them. Nevertheless I will strongly advice you to involve a lawyer. Because it seems they have so many applications at hand and they are just looking for ways to get raid of them. Also they just hired new staffs. Those new staffs might have been the once to have handled your application while the old staffs handled your co-workers. because on the PNP website it does not say you have to have 40 hours. it only says you have to have a full- time job from a BC employer and to my understanding citizenship and immigration Canada considers 37 hrs a weeks. Also when did you apply? Did you apply through EE?

 

[Luther]

Please my brother/ Sister,
Take a look at the BC PNP website. They consider and average of 30hrs a week. So am shocked at your situation.

http://www.welcomebc.ca/Immigrate/About-the-BC-PNP/Express-Entry-British-Columbia/Express-Entry-British-Columbia-Skilled-Workers.aspx

 

[carljay0219]

thats the exact thing my friend told me that they trying to fasten the result. actually it was really unfair for me, same situation and same employer with same wages but they rejected mine while they approved the other one. i apply through bc pnp nomination as semi-skilled. im a contract worker, my employer nominate me. i really want to appeal the result because i know its just a misunderstanding from the one who handled my application. do you know where can i consult regarding this matter?

 

[SirDickbutt]

There is something else going on since I work between 35 to 40 hours a week on average and got my AINP.

That being said, if they have any cause for concern they usually give your employer a call to clarify things rather than automatically reject an application.
:-X

 

[Luther]

Check this guy out. But really i don't know how good he is. But please make sure the law firm is a Vancouver based firm and access them from the moment you step into their office. Another advice is make sure your representative is a Caucasian i am not trying to be racist but they tend to give them more adduce and they win more immigration cases than other lawyers based on refugee claims that i have heard about here in surrey.

https://www.youtube.com/watch?v=LVVRI0_RDa8

 

[Luther]

Wait a Minute did you as you are on CONTRACT ? If so you are not qualified for the PNP. You need to have a PERMANENT FULL TIME JOB not CONTRACT. Please Clarify so we on this forum can advise to the best of our knowledge and experience. If you are on CONTRACT this might have evoked the issue with your hours as they are not going to be constant and steady which means the contract could end at anytime.

 

[kelbc]

Wait a Minute did you as you are on CONTRACT ? If so you are not qualified for the PNP. You need to have a PERMANENT FULL TIME JOB not CONTRACT. Please Clarify so we on this forum can advise to the best of our knowledge and experience. If you are on CONTRACT this might have evoked the issue with your hours as they are not going to be constant and steady which means the contract could end at anytime.

What he said, it doesn't matter how many hours you work if you work on contract and you are not a permanent full-time eployee with an offer. Please clarify

 

[carobbermuda]

Can you please tell me:
1. Do you think 30 hours a week will be acceptable as it says on the website?
2. If you have been working on an open work permit (extension from college course), and the employer happens to be the one sponsoring you, will you still need to show previous hours worked? I'm thinking it would be treated as a new sponsorship for PR that would require it.
Thanks very much.

 

[kelbc]

Can you please tell me:
1. Do you think 30 hours a week will be acceptable as it says on the website?
2. If you have been working on an open work permit (extension from college course), and the employer happens to be the one sponsoring you, will you still need to show previous hours worked? I'm thinking it would be treated as a new sponsorship for PR that would require it.
Thanks very much.

1. 30-40 is considered full-time, so if all other requirements are met(such as permanent, full-time job offer), 30 hours will do. Keep in mind, those 30 hours have to be at market rate wages that would be offered for the same/similar job at other companies..

2. PNP is based on job offers. So previous hours do not matter as long as the job offer and your work done after the job offer was accepted abide by the requirements set by your provincial PNP office. (30hrs in job offer=30 hrs being worked after date job offer was signed etc.) And of course you can take leaves as outlined in your contract. PNP will not say why did you work 29 hours this week when you are working 30 hrs every week. Or they won't say you didn't work at all this week but you said you work full-time. If you took vacations as you are allowed in your employment contract and that contract fulfills the PNP regulations of your province, that is all that counts.

 

[happygarcha]

1. 30-40 is considered full-time, so if all other requirements are met(such as permanent, full-time job offer), 30 hours will do. Keep in mind, those 30 hours have to be at market rate wages that would be offered for the same/similar job at other companies..

2. PNP is based on job offers. So previous hours do not matter as long as the job offer and your work done after the job offer was accepted abide by the requirements set by your provincial PNP office. (30hrs in job offer=30 hrs being worked after date job offer was signed etc.) And of course you can take leaves as outlined in your contract. PNP will not say why did you work 29 hours this week when you are working 30 hrs every week. Or they won't say you didn't work at all this week but you said you work full-time. If you took vacations as you are allowed in your employment contract and that contract fulfills the PNP regulations of your province, that is all that counts.

Hello i am working as an assistant manager and i am working more than 40 hours per week i work like 46 to 48 per week ... I get regular pay for 80 hrs and overtime for rest of the hours... My question is that they can Ask question either me or my employer that why your assistant manager is working extra hours? I mean to say that they can raise any questions on working extra hours than full time ? Even you getting paid as overtime for extra hours?

 

[SINP 2014 PNP]

i have one question to all friends

i m in canada as a close work permit

so my wife from back home apply 2 times open work permit and she was refused both time

can it would be bad effect on our PR application

GCMS note :
it says PA applicant got married 2011 he also live other country before came to canada

it appears PA and spouse have never lived in the same country in the course of their marriage
they have elected to live separately since they married in 2011, I fail to see the any H&C measures to reunite them now

 

[kelbc]

Hello i am working as an assistant manager and i am working more than 40 hours per week i work like 46 to 48 per week ... I get regular pay for 80 hrs and overtime for rest of the hours... My question is that they can Ask question either me or my employer that why your assistant manager is working extra hours? I mean to say that they can raise any questions on working extra hours than full time ? Even you getting paid as overtime for extra hours?

They might ask questions but it will not have an adverse effect on your application if you are getting paid overtime as dictated by employment laws. This also goes for your overtime generally. Your employer who is sponsoring you has to employ you according to the employment standards applicable. So they cannot slave you away(your hours seem normal, just extra info). Quick search on google of "overtime regulations (insert province)" or "overtime regulations canada" will give you the details on it.