GCMS Notes:- Does not meet work Experience under CEC

[rank]

Dear Experts,

I am new to this forum and july 2014 appilicants. My file is under second review and i got my gcms notes. The notes say ' Principle Applicant does not meet work experience under CEC'. Anybody faced like this problems. My pay check's salary below than LMO mentioned salary.

What can i do as further. I am looking advice from seniors.

Thank you in advance

 

[ZingyDNA]

Do you know why the VO thinks you don't meet CEC work experience? Are you sure it's because of the wage amount? It could be other issues, like work duties not matching NOC, number of work hours not enough, etc.

 

[rank]

Do you know why the VO thinks you don't meet CEC work experience? Are you sure it's because of the wage amount? It could be other issues, like work duties not matching NOC, number of work hours not enough, etc.

Hi zingyDNA,

Thank you for reply. The GCMS notes say "Supporting documents appear to match lead statement and substantial no of main duties under selected code. LOE comfirms employment, position titles, but not salary. Principle applicant does not meet work experience under cec
FYI: LOE does not say anything about my salary.

Please give advice

 

[jes_ON]

Salary/benefits are a required element of the letter of employment.

Don't know what stage things are at, but the only thing you could do is get a revised letter of employment that includes salary/benefits info.

But you appear to realize, if your employer had an LMO but did not pay you the amount specified on the LMO, there could be consequences for both you and your employer.

 

[rank]

Dear jes_ON

Two days ago i approached my employer to get another LEO. But the employer does not like to give any more letter. But i have paystubs, the pay stubs say about my working hours and salary/hour. Also i have enclosed the copy of paystubs with my cec application package. Although my GCMS notes say
Does not meet working experience under cec and REVIEW REQUIRED BY OFFICER

Please give feedback

 

[ZingyDNA]

I thought wage is only a requirement before a LMO/LMIA is granted, i.e. in the LMO application process? I guess you mean the granted LMO has wage written on it? In that case, if there's mismatch between the wage on the LMO and how much the OP was actually paid, then CIC might have a problem...

Salary/benefits are a required element of the letter of employment.

Don't know what stage things are at, but the only thing you could do is get a revised letter of employment that includes salary/benefits info.

But you appear to realize, if your employer had an LMO but did not pay you the amount specified on the LMO, there could be consequences for both you and your employer.

 

[scylla]

I thought wage is only a requirement before a LMO/LMIA is granted, i.e. in the LMO application process? I guess you mean the granted LMO has wage written on it? In that case, if there's mismatch between the wage on the LMO and how much the OP was actually paid, then CIC might have a problem...

Yes - the LMO has a specific wage on it. If there's a mismatch between what the LMO states and what someone was actually paid, CIC will sometimes refuse the application and since the conditions of the LMO were not met.

 

[ZingyDNA]

If you add up your pay stubs in the CEC time window, does the total amount match what's on your LMO? If it does, that means the previous employment letter had a mistake in wage. It would unreasonable for your employer not to issue a correct one.

Dear jes_ON

Two days ago i approached my employer to get another LEO. But the employer does not like to give any more letter. But i have paystubs, the pay stubs say about my working hours and salary/hour. Also i have enclosed the copy of paystubs with my cec application package. Although my GCMS notes say
Does not meet working experience under cec and REVIEW REQUIRED BY OFFICER

Please give feedback

 

[jes_ON]

lso i have enclosed the copy of paystubs with my cec application package. Although my GCMS notes say
Does not meet working experience under cec and REVIEW REQUIRED BY OFFICER

Well, then you may be able to relax a little bit. Maybe. First review basically checks to see if your application perfectly meets requirements. MANY MANY applications are less than perfect, with the result "review required by officer." Of course this means it takes longer to process, but when the officer reviews the application, they will look at the totality of information you provided (e.g. paystubs) and then either approve, refuse, or request more information. Many applications are approved after review by an officer.

Your application was not perfect because your letter of employment was missing a required element (salary). So automatically it goes to review by an Officer (someone with more experience and decision-making authority). This is "normal" if nerve-wracking for applicants.

So you do not need to panic yet. : )

 

[rank]

Yes - the LMO has a specific wage on it. If there's a mismatch between what the LMO states and what someone was actually paid, CIC will sometimes refuse the application and since the conditions of the LMO were not met.

Can i take further action on the employer to get different amount in anyway like legal, cic. Then can i submit the details to cic. If yes, howlong does it take to get the different amount with details

 

[rank]

Can i take further action on the employer to get different amount in anyway like legal, cic. Then can i submit the details to cic. If yes, howlong does it take to get the different amount with details

Any coments

 

[ZingyDNA]

Can i take further action on the employer to get different amount in anyway like legal, cic. Then can i submit the details to cic. If yes, howlong does it take to get the different amount with details

You mean you want your employer to pay you more NOW? That wouldn't work as your CEC qualification period is locked in once you submitted your application. You can't go back in history to ask for more wage...

How come you didn't notice any problems when you were getting paid less than what's on your LMO? ???

 

[goalkb]

I have seen cases in other thread. VO is happy with paystub, T4, NOA for eligibility salary. Please check whether it is submitted.
Also check whether the hours worked is meet the eligiblity.

 

[jes_ON]

Can i take further action on the employer to get different amount in anyway like legal, cic. Then can i submit the details to cic. If yes, howlong does it take to get the different amount with details

You certainly can... See the "report abuse" button on the ESDC website:
http://www.esdc.gc.ca/eng/jobs/foreign_workers//index.shtml

And refusing to pay the amount agreed on the LMIA is indeed abuse of a foreign worker and the TFW system, whether accidental or deliberate.

But you might want to consult a lawyer first. Out of curiosity, did you ever ask your employer about this?

 

[rank]

Yes, we asked about the issue. Employer told with us, this is usual everywhere in canada.Then two of four guyes fired from the company by the employer by gave force through consultant to get correct salary for correct working hours.

So, we left the isssue, worked their and applied pr under cec . But we are getting problem by the issue.

FYI: Also we got salary only for less than working hours.