Feedback from a Friend's case

[JoacRy]

Hi all, just thought I would report some feedback from the case of my friend who I have just spoken to. Her timeline was as follows:

1) Get CEC invitation under EE (Working Days in Canada on day of ITA: 363) - Dec 4

2) Submit documents - Dec 28

3) AOR - Dec 29

4) Rejection - Jan 15

5) Case Specific Enquiry - Jan 15 (Attached documents to support CSE, fortnightly pay roll slip for week of ITA, fortnightly payroll slip for week of submission, fortnightly payroll slip for week of CSE). All these were submitted to prove she is still working at the company.

CIC replied to her CSE saying they will not re-open her Case file.

Is there anything else she can do? Or will she just have to create another Express Entry profile again?

 

[scylla]

What was the exact refusal reason or reasons?

 

[JoacRy]

The GCMS notes show the VO re-calculated the score at time of submission and compared to the score at the time of ITA.

The CRS points for 1 year of Canadian work experience was taken away and that pushed her CRS score below the score of 461 for the round that the Draw was done.

 

[JoacRy]

Hi all, any suggestions on what my friend can do?

 

[mocca]

The GCMS notes show the VO re-calculated the score at time of submission and compared to the score at the time of ITA.

The CRS points for 1 year of Canadian work experience was taken away and that pushed her CRS score below the score of 461 for the round that the Draw was done.

Can you explain a bit more. Was your friend's experience not of one year when she applied?

 

[JoacRy]

Her Canadian work experience was 363 days on the date of the ITA. Her Canadian work experience on the date of submission was 387 days.

From the date she started the job her weekly working hrs have been 40 hrs per week.

 

[vd1234]

This is quite a peculiar case given that she got rejected for showing 363 days of work experience. Out of 52 weeks (52*7 = 364 days) of work experience that needs to be shown for claiming points, she gets rejected by the VO for 1 day less. Am I understanding this correctly ?

 

[JoacRy]

Your understanding is correct. I personally told her to reject the ITA as I had read this:

Under section A11.2, an officer may not issue a visa to an applicant who did not or does not meet the Express Entry minimum entry criteria (MEC) or did not or does not possess the qualifications for which they received their CRS score at the time when

the Invitation to Apply (ITA) was issued; or
the e-APR was received by CIC.

and further

Accordingly, officers should refuse an application under section A11.2 if it is determined that

at the time of the ITA or e-APR, the applicant did not or does not meet the MEC, which includes the requirements of the program to which they were invited to apply; or
the applicant’s recalculated CRS score has fallen below that of the lowest-ranked candidate invited to apply in that round of invitations.

http://www.cic.gc.ca/english/resources/tools/perm/express/refuse.asp

 

[ero]

So sorry to hear about your friends rejection. Unfortunately this guys are strict when it comes to calculation of days especially for CEC. They count the days as at the day of receiving the invitation. I know this because I had a similar issue with Ontario Nominee program. I was 8 days short of completing 365 days when I received their letter to apply and I actually applied almost a month later and even explained to them that I didn't take any vacation time within this period which should cover for the 8 days but they still wouldn't bulge. So her best bet is to re-enter the pool because she is now over the 365 days.

 

[mf4361]

Your understanding is correct. I personally told her to reject the ITA as I had read this:

Under section A11.2, an officer may not issue a visa to an applicant who did not or does not meet the Express Entry minimum entry criteria (MEC) or did not or does not possess the qualifications for which they received their CRS score at the time when

the Invitation to Apply (ITA) was issued; or
the e-APR was received by CIC.

and further

Accordingly, officers should refuse an application under section A11.2 if it is determined that

at the time of the ITA or e-APR, the applicant did not or does not meet the MEC, which includes the requirements of the program to which they were invited to apply; or
the applicant’s recalculated CRS score has fallen below that of the lowest-ranked candidate invited to apply in that round of invitations.

http://www.cic.gc.ca/english/resources/tools/perm/express/refuse.asp

This is correct. 1 years means to the date, 365 days.

Hence they should seriously change the system ASAP so we can input working periods to the date and there won't be such confusion.

 

[JoacRy]

Thanks ero, that's what I told her already. Her CRS score is 464. I told her she may even get invited for OINP.

 

[mf4361]

Thanks ero, that's what I told her already. Her CRS score is 464. I told her she may even get invited for OINP.

If she has 464, she is still eligible. Why not wait for the next round? Just change the profile and state "you have applied PR and in Express Entry before"

 

[JoacRy]

Thanks mf4361, I will let her know to wait and see how the next draw goes. Appreciate the advice.

 

[ero]

she doesn't need OINP. 464 is a great point. She should save her 1500 and wait for the next draw or worst case scenario next 2 draws and apply directly

 

[vd1234]

This is making me think/worried now as my work experience dates are between July 29, 2013 to July 25, 2014 and that comes to about 362 days. July 26th and July 27th, 2014 were a Saturday and Sunday, so again I'm technically short based on your friend's interactions with CIC.

A days between dates calculator online shows 51 weeks and 5 days between the two dates, so I'm thinking that amounts to 52 weeks of working weeks given that Saturday/Sunday are non working days anyways. Am I incorrect in my thinking ?

I'm an outland FSW candidate and the system clearly awarded me 25 points for 1 year of work experience at the time I submitted my profile and got a CRS score of 451.

Any thoughts guys/girls ?