Got GCMS notes and found out the reason why my application is delayed.

[pocketchoi]

The 1560 is the overall qualification hours, assuming that each of the 12 months were full time or each of the 24 months were part time. That letter is a clear example of my point in the earlier post - you need to do the calculations on a month by month basis, and count only those months where the hours exceeded 30 hours per week as a full time month. If you do that, you can really ignore the total hours calculation because it never actually comes into play.

Thank you. So I am missing two months from my 15 months, isn't it? I mean, based on GCMS notes, and I assumed that VO checked all my paystubs. VO only mentioned may and July which I dint work full time.

 

[seton]

Thank you. So I am missing two months from my 15 months, isn't it? I mean, based on GCMS notes, and I assumed that VO checked all my paystubs. VO only mentioned may and July.

Well it depends - of the 15 months you included in your application, how many of those months did you work for less than 30 hours per week in each month?

 

[fenwick100]

so what if you take a two week vacation over one of the 12 months? Even if it's paid does that mean it doesn't count?

 

[seton]

so what if you take a two week vacation over one of the 12 months? Even if it's paid does that mean it doesn't count?

Paid vacation (I believe they described it in their ops manual as a reasonable amount) and statutory holidays should count, and should be reflected on your pay stubs as such. Unpaid vacation will not count in the calculation.

 

[seton]

Here's the relevant section of the operations manual used internally by Visa Officers:

(http://www.cic.gc.ca/english/resources/tools/perm/econ/cec/work.asp)

Work experience need not be continuous under the CEC.

Applicants do not have to be employed at the time of application, but they must have temporary status during the qualifying period of work experience acquired in Canada [R87.1(3)(c)].

The “Employment Requirements” listed in the NOC occupational description are not applicable.

Any periods of self-employment or unauthorized work will not be included in calculating the period of work experience [R87.1(3)(b)]. A person who has worked in Canada without authorization has failed to comply with A30(1), and on that basis could be found inadmissible under A41.

Note: Work experience acquired while under implied status will be considered as eligible work experience under the CEC, provided the applicant continued to work in Canada under the same conditions as their original work permit until a decision was made on their application for a work permit extension.

An allowance for a reasonable period of vacation time will generally be made in calculating the period of qualifying work experience (e.g., a two-week period of paid vacation leave within a given 52-week period in which the applicant was engaged in qualifying work experience). An allowance for normal vacation time during a period of qualifying work experience cannot be used as a substitute or proxy for meeting the in-Canada element of the work experience requirement (i.e., work experience obtained outside Canada will not be considered as though the applicant had been on a period of vacation in order to be counted as part of the period of in-Canada work experience). While officers will account for a reasonable period of vacation time in calculating the period of qualifying work experience in Canada, each application is considered on its own merits with a final decision based on a review of all the information available to the officer at the time of decision.

 

[fenwick100]

Paid vacation (I believe they described it in their ops manual as a reasonable amount) and statutory holidays should count, and should be reflected on your pay stubs as such. Unpaid vacation will not count in the calculation.

All i submitted was two T4's which show i earned the required salary for my NOC. I never submitted pay stubs. My reference from my employer stated that i worked 30 hours a week (even though i worked more)

Should i expect similar concerns? I am a July 2014 applicant.

 

[seton]

All i submitted was two T4's which show i earned the required salary for my NOC. I never submitted pay stubs. My reference from my employer stated that i worked 30 hours a week (even though i worked more)

Should i expect similar concerns? I am a July 2014 applicant.

I can't give you a definitive answer. I would assume that if you're a salaried employee, they will consider you at a lower risk of being short on hours assuming your income information (T4s, NOA) match what you're salary letter should be. That is, if there is a mismatch between your stated salary and actual income earned, they will likely dig further to determine if you didn't work full time for the entire period. In my experience (my own application), since I was a salaried employee, I only provided 2 recent pay stubs if I recall correctly (I had no issues with my application).

However if you are an hourly paid employee, then you are probably at a higher risk of being out of compliance with the hours requirements due to the nature of work, and they may take a closer looks at monthly paystubs to ensure eligibility under the rules.

 

[fenwick100]

I can't give you a definitive answer. I would assume that if you're a salaried employee, they will consider you at a lower risk of being short on hours assuming your income information (T4s, NOA) match what you're salary letter should be. That is, if there is a mismatch between your stated salary and actual income earned, they will likely dig further to determine if you didn't work full time for the entire period. In my experience (my own application), since I was a salaried employee, I only provided 2 recent pay stubs if I recall correctly (I had no issues with my application).

However if you are an hourly paid employee, then you are probably at a higher risk of being out of compliance with the hours requirements due to the nature of work, and they may take a closer looks at monthly paystubs to ensure eligibility under the rules.

Thanks for the reply but like i said i didn't submit pay stubs.

 

[seton]

Thanks for the reply but like i said i didn't submit pay stubs.

As far as I remember, pay stubs were recommended as supporting documentation but not the only piece. It's up to the visa officer to determine if what you provided has been enough for them to make a decision. If what you provided isn't enough, they may request pay stubs for a specific period. I believe there have been cases both ways where persons had smooth applications without pay stubs, and others had requests to submit their pay stubs so that the officer could assess eligibility.

 

[pocketchoi]

Well it depends - of the 15 months you included in your application, how many of those months did you work for less than 30 hours per week in each month?

Unfortunately, I am not sure at the moment. I have to look my paystubs later when i get home.

But I assumed that it may be only two months out of thoes 15 months? because, VO only mentioned (May and July-which i was on vacation for a week and i got paid for that- are short time. 15months that i sent for my period of working is Dec 2012 - Apr 2014 )

Also, I am considering to send my whole paystubs, is there anyway that i could send them off to prove that Ive worked eligible 12 months? And i am still working with same company as same job with same duties. does it matter? worth to send for whole 2 years of working paystubs (from dec 2012 till dec 2014)

 

[pocketchoi]

As far as I remember, pay stubs were recommended as supporting documentation but not the only piece. It's up to the visa officer to determine if what you provided has been enough for them to make a decision. If what you provided isn't enough, they may request pay stubs for a specific period. I believe there have been cases both ways where persons had smooth applications without pay stubs, and others had requests to submit their pay stubs so that the officer could assess eligibility.

Ha, maybe i shouldn't have send my paystubs........lol

 

[fenwick100]

I am a mid July 2014 applicant, when do you think is a reasonable time to apply for GCMS ?

 

[pocketchoi]

I am a mid July 2014 applicant, when do you think is a reasonable time to apply for GCMS ?

i am Apr 14 applicant, i sent my notes on Dec.

 

[seton]

Also, I am considering to send my whole paystubs, is there anyway that i could send them off to prove that Ive worked eligible 12 months? And i am still working with same company as same job with same duties. does it matter? worth to send for whole 2 years of working paystubs (from dec 2012 till dec 2014)

They will assess your application to the date it was received, so the subsequent work experience won't factor in after the application date. If the additional information will help clarify that you were eligible over the entire period (i.e. you had at least 12 full-time months out of the 15), then I don't think that is a bad idea.

 

[Umer_Ali]

Ha, maybe i shouldn't have send my paystubs........lol

the problem is that salary on LoE and NoA earning is not matching....they would have asked for paychecks or any proof any ways even if you didnot sent pay stubs as your LoE salary and NoA are not matching

check all your paychecks from dec 2012 to april 2014 and separate all those on which it shows you worked less than 30 hours......now you need to add the total hours worked less than 30 and divide them by 30 and that should be the number of weeks that will be counted as full time or towards 52 week period

like if you have 5 weeks in which you worked less than 30 hours and that hours are 0 hour +15 hour+ 20 h+ 17+29 =81/30=2.7 weeks u worked and not 5............

hope this helps ur cause...best of luck