CEC PR application rejected due to CIC's miscalculation of my hours! Plz click..

[Choo]

My application was rejected for the reason that my work experience is equivalent to 10 months, not 12 months. But based on my calculation, CIC made a mistake! I worked for Company A for 5.6 months and B for 8 months and all together, it should be 13.6 months.

For example, the CIC indicated that my work for Company A at 35 hours per week from August 17th, 2009 to January 29, 2010 is the equivalent of 4 months of work. But if you can simply find the 2009 calendar and see how many weeks are between those two dates and calculate my hours, it is clearly equivalent to 5.6 months of work at 37.5 hours per week. Some months have five weeks, not four.

I am thinking to email back, indicating their apparent miscalculation. But a few lawyers that I spoke to have advised me that it is unlikely that they would respond to my email and also once the decision has been made, it is unlikely that they reserve the decision.

But here is what complicates everything.

When the CIC called my employer at Company B, she made a mistake. In the letter she wrote says, I worked 35 hours per week, but over the phone, she told the CIC that I worked 25 hours per week. So that is the hours the CIC based on, but even if I worked 25 per week, it still should give me more than 12 months...again, miscalculation!

Have you guys had any experience like this? I made an appointment to consult a lawyer but it is going to cost me a lot. Please help. Any advice would be greatly appreciated.

If I ever write an email (mail or fax), would the case process pilot in Ottawa respond at all? Would they admit their mistake at all? They have no phone number or anything, right?

 

[PMM]

Hi

My application was rejected for the reason that my work experience is equivalent to 10 months, not 12 months. But based on my calculation, CIC made a mistake! I worked for Company A for 5.6 months and B for 8 months and all together, it should be 13.6 months.

For example, the CIC indicated that my work for Company A at 35 hours per week from August 17th, 2009 to January 29, 2010 is the equivalent of 4 months of work. But if you can simply find the 2009 calendar and see how many weeks are between those two dates and calculate my hours, it is clearly equivalent to 5.6 months of work at 37.5 hours per week. Some months have five weeks, not four.

I am thinking to email back, indicating their apparent miscalculation. But a few lawyers that I spoke to have advised me that it is unlikely that they would respond to my email and also once the decision has been made, it is unlikely that they reserve the decision.

But here is what complicates everything.

When the CIC called my employer at Company B, she made a mistake. In the letter she wrote says, I worked 35 hours per week, but over the phone, she told the CIC that I worked 25 hours per week. So that is the hours the CIC based on, but even if I worked 25 per week, it still should give me more than 12 months...again, miscalculation!

Have you guys had any experience like this? I made an appointment to consult a lawyer but it is going to cost me a lot. Please help. Any advice would be greatly appreciated.

If I ever write an email (mail or fax), would the case process pilot in Ottawa respond at all? Would they admit their mistake at all? They have no phone number or anything, right?

The problem isn't with CIC, it is your employer who said that you worked 25 hours per week. If you submitted your T4s, and CIC divided your total salaried by the $/hr, that is probably how them came up with the 4 months.

 

[SenoritaBella]

Using a calendar, this is what I have from August 17th, 2009 to January 29, 2010
if working for 37.5hrs per week: 23wks and 4 days: (23wks @37.5hrs = 862.5hrs) + (4 days @ 7.5 hrs = 30hrs) for a total of 892.5hrs OR
if working 35hrs per week: 23 wks and 4 days: (23wks @35hrs = 805hrs) + (4 days @ 7hrs = 28hrs) for a total of 833hrs

Without start and stop dates at company B, it's hard to know how many weeks are in those 8 months. Assuming it is not less than 32 weeks, that gives 32 wks @35hrs = 1120hrs

If we add up hours: 1120hrs + 833hrs(35hrs/wk company A) = 1953hrs OR 1120hrs + 892.5hrs(37.5hrs/wk company A) = 2012.5hrs

In my opinion, as long as you did not work less than 32 weeks in that 8 month period at company B, you have the equivalent hours to qualify. Check your start and stop dates at company B, and be sure this lady does in fact provide correct information next time.

 

[jes_ON]

by my calculations, you had enough hours if you worked 35 hours per week at Company B, but not if you worked 25 hours.

So, the real question is 25 or 35? Did your other documentation support 35 hours per week? As PMM indicates, they can also calculate hours based on your wage/hourly rate and total income reported on the T4s...

If your other documents support 35 hours per week, and Employer B is willing to write a letter about the error, you CAN request that they reconsider (it might help to go have a chat with your MP). But the lawyers are right, it's unlikely to be successful...

 

[Choo]

Wow, thank you very much for calculating! I can't thank you enough!!!

So,

1) Company “A”:
From August 17th, 2009 to January 29th, 2010 at 35 hours per week

If you count the number of weeks between those dates, there are exact 24 weeks, not 23 weeks and 4 days (SenoritaBella, how did you get 23 weeks and 4 days?)

My Calculation
24 weeks * 35 hours = 840 hours
840 hours/150 hours (37.5*4)= 5.6 months
Equivalent to 5.6 months of work at 37.5 hours per week


2) Company “B”: From November 22nd, 2010 to August 10th, 2011

If you count the number of weeks between those dates, there are exact 37 weeks + 3 more days.

I worked 35 hours per week, so it should give me enough hours.

However, since my boss at Company B made a mistake over the phone,
I can get another letter. But I don't know if CIC would accept that.

If they don't accept the revised letter and I use 25 hours per week,

My Calculation
37 weeks * 25 hours + 15 hours = 940 hours
940 hours/150 (37.5*4)= 6.27 months

Therefore, I have 5. 6 months + 6.27 months = 11.87 → can I round it up?

Only if CIC accepts my letter again, then it should be no problem.

This really sucks because my boss made a mistake. She wasn't thinking!!!

P.S: T4 that I submitted does not really explain things much as I only submitted T4 for 2010 and CIC does not request more information from me. They solely relied on what my bosses said over the phone and the letters.

 

[Choo]

Also jes_ON,

You said it might help to go have a chat with a MP. You mean, a member of parliament? Wow... would he even care about this? What can he really do about it?

 

[SenoritaBella]

Count all the days from Aug 17th, 2009 - Jan 25th, 2010. It's 165 days total or 23 weeks and 4 days to be exact. Here's how I got it:
35hrs per week at company A, your hours are: (35hrs x 23wks) + (7hrs x 4days) = 833hrs
To get the equivalent in months: 1 month = 4.3 wks to be exact
If 35hr worked in 1 week, then in 4.3wks(i.e 1 month), 4.3 x 35hrs = 150.5 hrs will be worked.
If 150.5 hrs = 1 month in work, then 833hrs/150.5hrs = 5.5348 months in work.

For company B: 37wks and 2 days
So (35hs x 37wks = 1295hrs) + (7hrs x 2 days = 14hrs)= 1309hrs
if 150.5 hrs = 1 month in work, then 1309hrs/150.5hrs = 8.6976 months
Adding up hrs or months from both companies, you qualify. The problem is that the lady said you worked 25hrs/wk instead. It may be worth getting another letter from this lady or better yet, have Human Resources do it as they have more experience with this. Your MP represents the people and can make calls about immigration matters. Goodluck and let us know how it goes.

 

[ujbaby]

OMG SenoritaBella , ur quite great with calculations. wondering how u did?????. I am having the same issues myself because i works for 2 different companies and i couldnt figure out hours worked per week. My work based mainly on casuals. I have worked 1200 hrs in one company and 400hrs in the other one since last year january till date but the problem is how to get it to make it match to hrs per week since they are all casuals. How will the 400hrs company calculate it per week?????? i am disturbed. Hoping to file cec by summer time this year and will need 1950hrs. pls help me out if u have any ideas what i will do. Thanx

 

[SenoritaBella]

ujbaby, I understand your concerns but if you have the equivalent of full-time hours, it should not be a problem. Just do the best you can to accumulate at least 1950hrs or more to be on the safe side. Keep track of your time sheets or shifts. In your shoes, I will consult a lawyer just for this issue to be sure you get it right the first time.

 

[ujbaby]

Thanx SenoritaBella, pls let me know when u consult a lawyer. i will appreciate

 

[SenoritaBella]

What I was trying to say is that you should consider consulting a lawyer about this issue to be sure you get it right the first time. Try not to worry so much.

Thanx SenoritaBella, pls let me know when u consult a lawyer. i will appreciate

 

[ujbaby]

What I was trying to say is that you should consider consulting a lawyer about this issue to be sure you get it right the first time. Try not to worry so much.

Senorita, do u know any good lawyer i can contact??????

 

[SenoritaBella]

I don't know any in Ontario. Google immigration law firms in your city and read up on the lawyers' profiles. Call up and compare prices.

 

[Choo]

Thank you again for calculating, SenoritaBella!!

I think you got 23 weeks and 4 days because you counted from Aug. 17th, 2009 to Jan. 25th, 2010. I worked until Jan. 29th.

And again for Company “B”, I worked 37 weeks and 3 more days, not 2 more days. Haha.

But I know what you mean. There are 52 weeks per year, so if we divide 52/12=4.3333… so it should be 4.3 weeks as you said.

This is what I am going to do.

I am going to see a lawyer to discuss the matter tomorrow. I think it is good idea to lay everything out for him and see what he has to say. If he says I have a good chance to reverse the decision, then I will go ahead and do the following:

1. I will go to the school to get another letter.
2. I will write a letter myself.
3. I will get a letter from my lawyer (if possible…thought it might cost like 300 dollars.)
4. I will get a letter from my current position as I am no longer employed by Company B. I work as an interpreter for the government, so the agencies that I am currently working for may be able to write a letter that states how the language is in demand and I am contributing to the community.
5. Lastly, I will contact our MP to see what he can do for me.

Ok, so tomorrow I am going to see my lawyer and it is going to cost me 150 dollars for consultation, but I hope it is worth the money.

So I think it all comes down to my boss at Company B. It all comes down to her LETTER.

Guys, what do you think she should write? I am sure she will write another letter if I request but if she writes that she made a mistake over the phone… would CIC laugh at this? It is really annoying…ah…

I will keep you posted how things go for sure.

Thank you again,

 

[AINP App]

Thank you again for calculating, SenoritaBella!!

I think you got 23 weeks and 4 days because you counted from Aug. 17th, 2009 to Jan. 25th, 2010. I worked until Jan. 29th.

And again for Company “B”, I worked 37 weeks and 3 more days, not 2 more days. Haha.

But I know what you mean. There are 52 weeks per year, so if we divide 52/12=4.3333... so it should be 4.3 weeks as you said.

This is what I am going to do.

I am going to see a lawyer to discuss the matter tomorrow. I think it is good idea to lay everything out for him and see what he has to say. If he says I have a good chance to reverse the decision, then I will go ahead and do the following:

1. I will go to the school to get another letter.
2. I will write a letter myself.
3. I will get a letter from my lawyer (if possible...thought it might cost like 300 dollars.)
4. I will get a letter from my current position as I am no longer employed by Company B. I work as an interpreter for the government, so the agencies that I am currently working for may be able to write a letter that states how the language is in demand and I am contributing to the community.
5. Lastly, I will contact our MP to see what he can do for me.

Ok, so tomorrow I am going to see my lawyer and it is going to cost me 150 dollars for consultation, but I hope it is worth the money.

So I think it all comes down to my boss at Company B. It all comes down to her LETTER.

Guys, what do you think she should write? I am sure she will write another letter if I request but if she writes that she made a mistake over the phone... would CIC laugh at this? It is really annoying...ah...

I will keep you posted how things go for sure.

Thank you again,

You should have negotiated a deal with the Lawyer, consultation can be free. My boyfriend had done this with many lawyers- the consultation is always free and then if you plan on taking action then they charge you some legal fees.

Best of luck. I hope things figure out for you.