CEC Refused - NOV APPLICANT

[SenoritaBella]

Sorry about this. *modified my original post*

You applied on Nov 8, 2012. The 36 months preceding that is the period from Nov 8, 2009 to Nov 8, 2012(i.e. qualifying period). That means you lost the hours worked between May 24, 2009 to Nov 7, 2009 because the experience fell outside your qualifying period. Therefore you did not have up to 3900 hours.

1. If you worked full-time(37.5 hours/week) why didn't you apply sometime after May 24, 2011(considering you started working May 24, 2009)? Why wait until Nov 2012? When you submit your application, CIC counts back 2 years from the date they received it which is why it is important to apply as soon as you are eligible.

2. Other issues:
a) discrepancy between your Schedule 8 and Schedule A forms - were some of your jobs unskilled? This would be the only valid reason because only unskilled jobs do not go on the Schedule 8 but all activities(skilled and unskilled jobs, travelling, studying, unemployed, in jail, etc) must be accounted for in the Schedule A (Background Declaration).

b) Employment documents indicated employment from May 24, 2009 to Nov 30, 2011 only. But we now know hours worked between May 24, 2009 to Nov 7, 2009 were lost(outside your qualifying period). So you got credit for hours worked over 22 days this document.

c) work experience letters - though you provided letters signed Aug 28, 2012 and May 31, 2013, they only confirmed employment for the period you lost and none indicated that you were "presently" employed there.

Did you work in 2012 at all? If so, why is there no letter that confirms this employment? It seems the officer did not have sufficient evidence information to credit your for hours worked in ALL of 2012. :-X

It's a tough one but the good news is if you have skilled work experience of at least 12 months now, you can re-apply. Make sure your employment letter is dated after you already have the required experience.

I am not satisfied that you meet the skilled work experience requirement based on the information provided. You requested assessment under NOC XXXX for employment with XXXX. On Schedule 8 of your application you listed employment from 24/05/09 to 30/11/12. However your Schedule A form and your employment documents indicated employment from 24/05/09 to 30/11/11 only. Your application was submitted on 08/11/12. Work experience obtained outside of an applicant's qualifying period (08/11/09 to 08/11/12) cannot be considered eligible employment under the Canadian Experience Class. In support of your experience you provided letters dated 28/8/12 and 31/5/13 from XXXX confirming your employment from 24/05/09 to 30/11/11. This letter stated that you earned $22/hr. You provided a T4 statement for 2011 and Notice of Assessments for 2009, 2010 and 2011 which listed the income you earned. Your earnings do not indicate you have acquired the equivalent of 24 months (3900 hours) of full time equivalent work experience during your qualifying period. Consequently, you have failed to demonstrate that you have acquired twenty-four months of full-time skilled work experience in Canada at a National Occupational Classification skill of type O or level A or B in the last thirty-six months prior to the submission of your application.

 

[dandin]

its in the signature of the email from CIC.

Two alphabets followed by number.. who is your VO?

Same one.

 

[Capricorn2012]

Sorry about this. *modified my original post*

You applied on Nov 8, 2012. The 36 months preceding that is the period from Nov 8, 2009 to Nov 8, 2012(i.e. qualifying period). That means you lost the hours worked between May 24, 2009 to Nov 7, 2009 because the experience fell outside your qualifying period. Therefore you did not have up to 3900 hours.

1. If you worked full-time(37.5 hours/week) why didn't you apply sometime after May 24, 2011(considering you started working May 24, 2009)? Why wait until Nov 2012? When you submit your application, CIC counts back 2 years from the date they received it which is why it is important to apply as soon as you are eligible.
I got married in April 2012.. My work permit got rejected so I didn't work at all In 2012

2. Other issues:
a) discrepancy between your Schedule 8 and Schedule A forms - were some of your jobs unskilled? This would be the only valid reason because only unskilled jobs do not go on the Schedule 8 but all activities(skilled and unskilled jobs, travelling, studying, unemployed, in jail, etc) must be accounted for in the Schedule A (Background Declaration).
I have no idea about this one why they mention this
b) Employment documents indicated employment from May 24, 2009 to Nov 30, 2011 only. But we now know hours worked between May 24, 2009 to Nov 7, 2009 were lost(outside your qualifying period). So you got credit for hours worked over 22 days this document.

c) work experience letters - though you provided letters signed Aug 28, 2012 and May 31, 2013, they only confirmed employment for the period you lost and none indicated that you were "presently" employed there.

Did you work in 2012 at all? If so, why is there no letter that confirms this employment? It seems the officer did not have sufficient evidence information to credit your for hours worked in ALL of 2012. :-X

It's a tough one but the good news is if you have skilled work experience of at least 12 months now, you can re-apply. Make sure your employment letter is dated after you already have the required experience.

Should I reapply ? What are the chances of acceptance this time

 

[suvan]

Sorry to hear this brother!, without getting to personal. By calculation from your T4, how far out was it from the $22 an hour? probably originally stated in the LMO?

 

[Capricorn2012]

Sorry to hear this brother!, without getting to personal. By calculation from your T4, how far out was it from the $22 an hour? probably originally stated in the LMO?

Around $1500-2000 only and that's because I went back home for vacation for about 3-4 weeks

 

[suvan]

My concern with applying again is that they will raise the issue about the $2,000 out of whack again!. Its got nothing to do with time compiled but more of an issue of 'PAY' and that you didn't earn the $22 an hour like first stated in LMO/original work permit and then obviously your reference letter!

 

[Capricorn2012]

I was going through my file and I noticed my consultant actually did clerical mistake
Schedule 8- she put 2012 November when it was supposed to be 2011

 

[Harp19]

I was going through my file and I noticed my consultant actually did clerical mistake
Schedule 8- she put 2012 November when it was supposed to be 2011


Hey Capricorn, sorry to hear that man but this one typo mistake can't be the reason for refusal as it is a typo and all the other docs support your experience. I think the officer is more concerned about the wages. Why don't you apply for pr with your wife sponsoring you.

 

[Capricorn2012]

I was going through my file and I noticed my consultant actually did clerical mistake
Schedule 8- she put 2012 November when it was supposed to be 2011


Hey Capricorn, sorry to hear that man but this one typo mistake can't be the reason for refusal as it is a typo and all the other docs support your experience. I think the officer is more concerned about the wages. Why don't you apply for pr with your wife sponsoring you.

We came to Canada right after our marriage so I couldn't get our marriage registered before coming here
Does anyone know any way to get the marriage registered while we are here in Canada ?

 

[Harp19]

Hey Capricorn, sorry to hear that man but this one typo mistake can't be the reason for refusal as it is a typo and all the other docs support your experience. I think the officer is more concerned about the wages. Why don't you apply for pr with your wife sponsoring you.

 

[Capricorn2012]

We came to Canada right after our marriage so I couldn't get our marriage registered before coming here
Does anyone know any way to get the marriage registered while we are here in Canada ?

 

[Harp19]

No idea friend. Can't you go back and register it now?

 

[Capricorn2012]

It is very hard since my spouse is working full time on a new job and is on probation period for next 6 month

 

[Harp19]

I am worried now brother as my wages have the same problem.

 

[nanno88]

I dont understand this case. Is the qualifying period 2 yeats ? What if someone is applying under one year ecperience n he has 1.5 exprrience in total n have gaps in them