Feedback from a Friend's case

[JoacRy]

As far as I know weekends, public holidays etc are counted in the '365' days as long as they are between the 'Start' and 'End' date of work or date from 'Start' of Work to date of ITA.

I hope you don't get a strict Case Processing Officer.

 

[iwasjeff]

There is nothing that your friend can do as she did not follow CIC's rule.

She was not qualified at the time of ITA regardless of AOR date.

She has to wait for the next round of invitation...It's not safe to assume anything with CIC and always double check as this may hurt her in her next application.

 

[vd1234]

@ JoacRy: So going with what you mentioned, including Saturday (July 26th) and Sunday (July 27th) makes it 364 days for me. Does it still make me ineligible for FSW since it's not "365" days but "364" ? Pheww, man, getting rejected for something as small as this will surely get me pissed.

 

[JoacRy]

Hi vd1234, it gives me no pleasure to say this but technically the VO treats a year as 365 days. Hence you cannot count July 26 and July 27, 2014 as they are outside the range for the work experience dates that you said of July 29, 2013 to July 25, 2014. Unfortunately just like my friend you are just short of the CEC 1 year experience requirement.

It's so cruel but I guess they are doing this to ensure everyone follows the guidelines. Pray that you get a lenient case processing officer.

 

[mdotk]

I think this is the second post I have seen about CEC applicant rejected for few days missing.

The common thing between the 2 posts ( I am not sure if it was the same case or not), that they are both CEC applicants and got rejections with the first month after AOR.

Did this happen to any FSW applicant having 1 year Canadian experience ?

 

[vd1234]

@ JoacRy: I'm outland FSW. I know you mentioned CEC in your post, but I don't know if it materially changes something based on our previous convos

 

[JoacRy]

@vd1234, I am unsure about this. The only way I know what is happening is when people report on this forum. thus far I have not read any threads of FSW applicants being rejected for not having 1 year (365 days) of Canadian work experience.

I think the VO has the right to do this if the person revived CRS points and those points enabled the applicant to get an ITA.

Experts please tell me if I'm wrong.

 

[vd1234]

@ JoacRy: My 1 year ("362") days are outside Canada work experience as an FSW outlander. Maybe it's how the system is designed at the moment (mentioning the months of employment, not dates), but I got the ITA without reviving my CRS points in any way, as that's what the system spits out after you enter all pertinent information.

Experts chiming in concerning this minutiae can clear some doubts. I can only imagine that poor women would be fuming at this moment. With CEC the experience need not be continuous, but with FSW outland, the experience has to be continuous.

Thanks anyways for your replies @ JoacRy. It's been 2.5 months after my AOR and haven't heard anything yet, except that my medicals were passed.

 

[JoacRy]

Hi vd1234, fuming is not the word. She has been so upset since she got the rejection on 15th January. She was thinking that if a lawyer files an appeal on her behalf they would open her case.

I said just re-enter the draw and don't waste your money.

She said she accepted the ITA as in December there was a lot of talk about Refugees and she thought CIC would stop processing economic applications.

 

[vd1234]

@ JoacRy: Understandably, I would be upset too. What upsets me about this is that for me as an FSW outlander showing continuous work experience , I won't have a choice but to gain 1 year of continuous work experience again and then re-enter the pool, which without a doubt would change my CRS score going forward.

I mean your friend got rejected within 2 weeks after AOR, which hasn't happened yet to me, so I'm not sure what the VO's keep in mind while looking at CEC and FSW applications. That or she got a really strict VO who didn't care less. At least, I got my Meds done so it gives me some hope. Albeit now small after reading this case.

 

[mf4361]

Hi vd1234, fuming is not the word. She has been so upset since she got the rejection on 15th January. She was thinking that if a lawyer files an appeal on her behalf they would open her case.

I said just re-enter the draw and don't waste your money.

She said she accepted the ITA as in December there was a lot of talk about Refugees and she thought CIC would stop processing economic applications.

This could not be further from the truth.

 

[vd1234]

Unless, of course, this girl thought CIC would stop processing economic applications, got anxious, didn't have the system award her the points for 1 year of work experience, and then of course you have the VO rejecting the application because she "revived" her CRS points in order to get an ITA at the time she made her profile in MyCIC. So essentially, she didn't have the requisite points at the time the profile was made before being given an Invitation to Apply.

Of course, I can only speculate because I don't know the real scenario and taking facts at face value as they are being presented. Don't know just saying :'(

 

[edapras]

I don't understand this. Why would CIC award us 1 year CEC points right when the express entry pool candidate enters his 12th month.

I entered the pool on my 10th month and my points got automatically increased on the 12th month entry. I started my work on Dec3rd 2014 and received the ITA on Dec 4th 2015. That's just one day after the 365 period.

 

[JoacRy]

@vd1234, no she entered the information correctly. She started working on 6 Dec 2014, but as you know you can only enter dates started and finished work in this format 'mm/yyyy' hence she entered start date as 12/2014. As soon as 1 Dec 2015 hit her CRS points increased.

On and around Dec 4, there was a lot of talk that the new government was bringing in those 1000s' of Syrian refugees and there was speculation that CIC would stop processing economic applications. She told me that she thought if she didn't take the chance she was offered she may not get another one. At the time she said she didn't fully understand the system and thought CIC would penalize her if she 'Declined' the Invitation To Apply.

 

[Encore]

This is shocking but important feedback.
Sorry to your friend but thanks for sharing.
Case specific ideas help a lot.
Lesson: NOTHING SHOULD BE TAKING FOR GRANTED!