CEC application rejected

[r_be81]

On behalf of my sister who applied for permanent residency via CEC last January 2014, her application was rejected due to the following reason:-

"Pursuant to IRPR R73(1), “full-time work” means at least 30 hours of work over a period of one week.

I am not satisfied that you meet the skilled work experience requirement because you do not have at least one year of full-time work experience.

I note that your declared work experience totals approximately 50 weeks which does not constitute one year. While I note that you declared working 44 hours per week, work in excess of 30 hours per week over a shorter period cannot compensate for any shorter overall period of experience. Following an examination of your application, I am not satisfied that you meet the requirements of the Act and Regulations for the reasons explained above. I am therefore refusing your application.

The decision communicated in this letter constitutes the definitive and final decision on your present application. Your application will be retained, under current Government of Canada file retention guidelines, for a period of two years. Your application forms and supporting documents will not be returned to you. If you should submit a new application it would require new fees and documentation and would need to meet all the requirements in effect at the time the application is submitted.

She was only off by 2 weeks yet she exceeded over 30 hours per week - I feel this is so unfair ! :-[

What are the next steps my sister could take? Is there a process of appeal?

She is confirmed to come to Canada in April of this year on a one year temporary work visa. Any suggestions??

 

[scylla]

Based on the refusal letter, she was correctly refused because she didn't have a full year of work experience. If she was two weeks short, she unfortunately didn't qualify to apply under CEC. Extra hours (i.e. hours worked over 30 hours a week) cannot be carried over to other weeks.

 

[mf4361]

@scylla is correct.

Under CEC work experiences requirements is BOTH (Not either) 1 calendar year and 1560 hours. So it doesn't matter she worked >30 hrs a week, she won't be qualified until the full 365 days has reached.

 

[Octanu]

On behalf of my sister who applied for permanent residency via CEC last January 2014, her application was rejected due to the following reason:-

"Pursuant to IRPR R73(1), “full-time work” means at least 30 hours of work over a period of one week.

I am not satisfied that you meet the skilled work experience requirement because you do not have at least one year of full-time work experience.

I note that your declared work experience totals approximately 50 weeks which does not constitute one year. While I note that you declared working 44 hours per week, work in excess of 30 hours per week over a shorter period cannot compensate for any shorter overall period of experience. Following an examination of your application, I am not satisfied that you meet the requirements of the Act and Regulations for the reasons explained above. I am therefore refusing your application.

The decision communicated in this letter constitutes the definitive and final decision on your present application. Your application will be retained, under current Government of Canada file retention guidelines, for a period of two years. Your application forms and supporting documents will not be returned to you. If you should submit a new application it would require new fees and documentation and would need to meet all the requirements in effect at the time the application is submitted.

She was only off by 2 weeks yet she exceeded over 30 hours per week - I feel this is so unfair ! :-[

What are the next steps my sister could take? Is there a process of appeal?

She is confirmed to come to Canada in April of this year on a one year temporary work visa. Any suggestions??

She is rejected after an entire year? They didn't give her any notice or letter asking if she could fix the problem with the job letter she provided?

 

[r_be81]

Based on the refusal letter, she was correctly refused because she didn't have a full year of work experience. If she was two weeks short, she unfortunately didn't qualify to apply under CEC. Extra hours (i.e. hours worked over 30 hours a week) cannot be carried over to other weeks.

Correct me if lm wrong, but when she comes to Canada to work again in April...does she need to work an additional 2 weeks or does she have to start the work experience process all over again??

 

[r_be81]

She is rejected after an entire year? They didn't give her any notice or letter asking if she could fix the problem with the job letter she provided?

Yes she was rejected without any warning after waiting for a whole year

 

[hondaFan13]

Please read the rules again. Last time I checked, it said 1 year of experience in the last 3 years of having the work permit. IN april the system changes to Express Entry.

 

[r_be81]

Please read the rules again. Last time I checked, it said 1 year of experience in the last 3 years of having the work permit. IN april the system changes to Express Entry.

I sure will, thanks. But I do find the rules are not always clear

 

[Conor9900]

April? Express Entry has already started as a first step. The requirements for CEC will be the same if you get an Invitation to Apply through Express entry, and it is correct that you must accumulate 1 year of work in the past 3 years, so your sister will only have to complete 2 more weeks of work before she is eligible to apply under CEC (provided that gets an ITA under Express Entry first of course)

 

[jes_ON]

She was only off by 2 weeks yet she exceeded over 30 hours per week - I feel this is so unfair ! :-[

What are the next steps my sister could take? Is there a process of appeal?

She is confirmed to come to Canada in April of this year on a one year temporary work visa. Any suggestions??

It's unfortunate that it took so long for her to receive the decision, but the rules are quite clear - 1 year of full-time experience (defined as 30 or more hours per week) is the MINIMUM amount of work experience required to qualify.

She can re-apply, if she still qualifies, under the express entry. If her work experience is still within the past 3 years, she can re-apply after a month or so of additional work experience (hopefully, she will have learned the painful lesson of cutting it too close and will give herself a little extra time as insurance).

Assuming she has an LMIA, if her employer is also willing to provide her with an offer of permanent full-time employment, she would also qualify under FSW-Arranged employment (extra 600 pts) and be fairly certain of obtaining permanent residence.

But she must qualify for one of the programs to have the application accepted (meaning, she first has to complete the 1 year of experience to qualify for CEC; she may already qualify under FSW). To prepare for an express entry application, she probably needs to re-take the language exam, and get her educational credentials evaluated.

 

[r_be81]

It's unfortunate that it took so long for her to receive the decision, but the rules are quite clear - 1 year of full-time experience (defined as 30 or more hours per week) is the MINIMUM amount of work experience required to qualify.

She can re-apply, if she still qualifies, under the express entry. If her work experience is still within the past 3 years, she can re-apply after a month or so of additional work experience (hopefully, she will have learned the painful lesson of cutting it too close and will give herself a little extra time as insurance).

Assuming she has an LMIA, if her employer is also willing to provide her with an offer of permanent full-time employment, she would also qualify under FSW-Arranged employment (extra 600 pts) and be fairly certain of obtaining permanent residence.

But she must qualify for one of the programs to have the application accepted (meaning, she first has to complete the 1 year of experience to qualify for CEC; she may already qualify under FSW). To prepare for an express entry application, she probably needs to re-take the language exam, and get her educational credentials evaluated.

April? Express Entry has already started as a first step. The requirements for CEC will be the same if you get an Invitation to Apply through Express entry, and it is correct that you must accumulate 1 year of work in the past 3 years, so your sister will only have to complete 2 more weeks of work before she is eligible to apply under CEC (provided that gets an ITA under Express Entry first of course)

Thank you, this is very helpful.

 

[Grafton]

she was rejected at what stage of the process? Medical Request or RPRF?

 

[amarecharla]

she was rejected at what stage of the process? Medical Request or RPRF?

I think she never got her MR or RPRF

 

[r_be81]

I think she never got her MR or RPRF

That's correct

 

[CECPRAspirant]

It was rejected after an year of waiting. I am not sure why this point was not noticed by the team at the time of accepting application.