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Got rejected today:( any suggestions on my case?

gong0704

Full Member
Apr 29, 2013
49
0
Toronto
Category........
Visa Office......
CPP-O
NOC Code......
0213
Job Offer........
Pre-Assessed..
App. Filed.......
May/01/2013
AOR Received.
Jun/18/2013
IELTS Request
Submitted with Application
File Transfer...
RFRF and BIO: Feb/21/2014
Med's Request
Feb/18/2014
Med's Done....
Feb/22/2014
Interview........
Not requested
Passport Req..
Mar/6/2014
VISA ISSUED...
Mar/13/2014
LANDED..........
Mar/23/2014 (ECAS shows complete)
It seems like that's not enough time to me sadly. If you worked after June even though your work permit expired and you have the pay stub, I think you should include those when you reapply.
 

shibinp

Star Member
Jan 7, 2013
189
4
Ontario - Canada
Category........
Visa Office......
CPP - Ottawa
NOC Code......
2174
Job Offer........
Pre-Assessed..
App. Filed.......
11-03-2013
AOR Received.
23-04-2013
IELTS Request
CELPIP - Sent with application
Med's Request
10-12-2013
Med's Done....
17-12-2013
Interview........
N/A
Passport Req..
27-12-2013
VISA ISSUED...
08-Jan-2014
LANDED..........
29-Jan-2014
Just an fyi for all:

As per Op25 (for those who applied under CEC before Jan 2, 2013):

“Fulltime work” is defined in R87.1(3)(a) as requiring at least 37.5 hours of work per week. For the Canadian Experience Class full time equivalence, or 1,950 hours of paid employment over a period at least of 12 months will also be considered."

The link to OP: http://www.cic.gc.ca/english/resources/manuals/op/op25-eng.pdf
 

cec4111

Star Member
Nov 28, 2012
152
2
Visa Office......
Calgary
Sophia.B said:
I submitted my paystubs with my application, and the date on my pay stubs same as reference letter from may 28-june 1. because my work permit exprid on June 03, so i had to apply before that :(
I applied on Dec 31 2012 while my 2 years completed on Dec 23 2012. I submitted my reference letter with 40 hours mentioned on it. But payslips have no time mentioned on it. Will that be a problem? I am scared.
 

shibinp

Star Member
Jan 7, 2013
189
4
Ontario - Canada
Category........
Visa Office......
CPP - Ottawa
NOC Code......
2174
Job Offer........
Pre-Assessed..
App. Filed.......
11-03-2013
AOR Received.
23-04-2013
IELTS Request
CELPIP - Sent with application
Med's Request
10-12-2013
Med's Done....
17-12-2013
Interview........
N/A
Passport Req..
27-12-2013
VISA ISSUED...
08-Jan-2014
LANDED..........
29-Jan-2014
Hi Sophia,

did you see my post before this, please read that, that is the issue (I think). The only way I can see is to re-apply. All the best

Sophia.B said:
when i applied that time don't have BOWP :(
 

cec4111

Star Member
Nov 28, 2012
152
2
Visa Office......
Calgary
shibinp said:
OK, to make it clear:

As per Op25 (for those who applied under CEC before Jan 2, 2013):

“Fulltime work” is defined in R87.1(3)(a) as requiring at least 37.5 hours of work per week. For the Canadian Experience Class full time equivalence, or 1,950 hours of paid employment over a period at least of 12 months will also be considered."

So you worked: MAY-28/2011 TO JUNE -1/2012 = 53 weeks X 37.5 (the max CIC can give you) = 1892 hrs

where as CIC need minimum = 1950 (unfortunately you are shorter of 58 hours !!!!)

hopes this clears. You might have now required experience, so please re-apply.

The link to OP: http://www.cic.gc.ca/english/resources/manuals/op/op25-eng.pdf
hey shibinp, I applied on Dec 31 2012 while my 2 years completed on Dec 23 2012. I submitted my reference letter with 40 hours mentioned on it. But payslips have no time mentioned on it. Will that be a problem? I am scared.
 

Jhendi

Full Member
Apr 29, 2013
39
0
Category........
Visa Office......
CPP-ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
May, 2, 2013
AOR Received.
May 25, 2013
IELTS Request
sent with application
Med's Request
Jan. 24, 2014
Med's Done....
Feb. 5, 2014
shibinp said:
OK, to make it clear:

As per Op25 (for those who applied under CEC before Jan 2, 2013):

“Fulltime work” is defined in R87.1(3)(a) as requiring at least 37.5 hours of work per week. For the Canadian Experience Class full time equivalence, or 1,950 hours of paid employment over a period at least of 12 months will also be considered."

So you worked: MAY-28/2011 TO JUNE -1/2012 = 53 weeks X 37.5 (the max CIC can give you) = 1892 hrs

where as CIC need minimum = 1950 (unfortunately you are shorter of 58 hours !!!!)

hopes this clears. You might have now required experience, so please re-apply.

The link to OP: http://www.cic.gc.ca/english/resources/manuals/op/op25-eng.pdf

@shibinpi
**** where did you get 1892 hrs??? ****

53 weeks x 37.5 = 1987.50 hours

How did you come up with 1892 hours???
 

Anamadheya

Star Member
Mar 7, 2013
90
0
Category........
Visa Office......
Sydney
NOC Code......
2173
Job Offer........
Pre-Assessed..
App. Filed.......
16th Aug 2012
AOR Received.
5th Sep 2012
Med's Request
7th May 2013
Med's Done....
8th April 2013
Passport Req..
6th June 2013
VISA ISSUED...
14th June 2013
shibinp said:
OK, to make it clear:

As per Op25 (for those who applied under CEC before Jan 2, 2013):

“Fulltime work” is defined in R87.1(3)(a) as requiring at least 37.5 hours of work per week. For the Canadian Experience Class full time equivalence, or 1,950 hours of paid employment over a period at least of 12 months will also be considered."

So you worked: MAY-28/2011 TO JUNE -1/2012 = 53 weeks X 37.5 (the max CIC can give you) = 1892 hrs

where as CIC need minimum = 1950 (unfortunately you are shorter of 58 hours !!!!)

hopes this clears. You might have now required experience, so please re-apply.

The link to OP: http://www.cic.gc.ca/english/resources/manuals/op/op25-eng.pdf
Useful info, Thanks a lot
 

jsm0085

Champion Member
Feb 26, 2012
2,665
293
Job Offer........
Pre-Assessed..
Sophia.B said:
sadly, I received a email today basically said I didn't have enough working experience in Canada which is not true. I send out my application on August 2012, they received on August 30th. I got my AOR ON September just in case you wonder my time line.
my working experience from MAY-28/2011 TO JUNE -1/2012, 45HOURS PER WEEK.
im on visitor permit now, my work permit expriod on June 3/2012
I don't think I can re-apply it because I finish school Dec 2010. it's been over 2 years
Can I appeal it? and how?
any body knows a experienced lawyer in Toronto can help?
thank you

:-X :mad:

Dear xx:



I have now completed the assessment of your application for a permanent resident visa as a member of the Canadian Experience Class and have determined that you do not meet the requirements for immigration to Canada.

According to the Immigration and Refugee Protection Regulations, applicants in the Canadian Experience Class are assessed on the basis of the pass/fail requirements set out in subsection R87.1(2). The assessment of these criteria determines whether a worker with Canadian experience will be able to become economically established in Canada. The criteria are:

· knowledge of English or French,

· Canadian skilled work experience,

· Canadian educational credentials (for the Post-Graduation Stream only).

Your application was assessed based on the occupations which you identified as part of your skilled work experience in Canada: assistant teacher/recreation facilitator (NOC 4214/5254).

I am not satisfied that you meet skilled work experience requirements. I have reviewed your letters of employment and while I noted all the hours worked, a portion of these hours were accrued while exceeding the 37.5 hours per week maximum. Work in excess of 37.5 hours per week is not eligible towards work experience accumulated in order to compensate for a shorter working period. As a result I am not satisfied you have acquired 12 months of full time work experience, or the equivalent in part-time work experience, in a NOC type 0, or level A or B occupation, within the 24 months before the date the application was made and after having obtained a Canadian credential.



Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. Subsection 2(1) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.

Following an examination of your application, I am not satisfied that you meet the requirements of the Act and Regulations for the reasons explained above. I am therefore refusing your application.

Thank you for the interest you have shown in Canada.

Yours sincerely,



Case Officer

Citizenship and Immigration Canada
Hi,

Can you confirm: -

1) You had 2 (or more?) skilled jobs (skill 0, A or B)
2) Between these jobs you worked 52 weeks of employment.
3) Every week you worked 37.5 hours or more between both jobs?
4) Did you have any weeks where you worked less than 37.5 hours?
5) How many hours did you work in total over 52 weeks when you add up the hours of all jobs?
 

jsm0085

Champion Member
Feb 26, 2012
2,665
293
Job Offer........
Pre-Assessed..
ondine said:
Sophia, for some reason that is not quite clear, the VO is considering a period of your work experience as not counting towards CEC purposes. My guess is that the period will be significant (perhaps 2 weeks or more), as I really can't see a VO rejecting a case over 1-2 days (does anybody know of a case where this happened?). It is possible that the VO made a mistake, but some of your work experience may indeed not be eligible - we would need more information to understand what happened. In any case, I do think it is really, really important that you figure this out before you reapply, so that you don't face the same problem all over again.
They most definitely do reject over 1-2 days!
 

jsm0085

Champion Member
Feb 26, 2012
2,665
293
Job Offer........
Pre-Assessed..
ondine said:
They might, for sure, although I don't think that was the case here... Do you know of any cases?
Search the form. When it comes to the requirements it's pass or fail - you meet the requirements or you don't. If you don't meet the requirements the VO cannot continue to process your application.

I've asked the OP some questions to determine exactly what has happened.
 

shibinp

Star Member
Jan 7, 2013
189
4
Ontario - Canada
Category........
Visa Office......
CPP - Ottawa
NOC Code......
2174
Job Offer........
Pre-Assessed..
App. Filed.......
11-03-2013
AOR Received.
23-04-2013
IELTS Request
CELPIP - Sent with application
Med's Request
10-12-2013
Med's Done....
17-12-2013
Interview........
N/A
Passport Req..
27-12-2013
VISA ISSUED...
08-Jan-2014
LANDED..........
29-Jan-2014
Jhendi said:
@ shibinpi
**** where did you get 1892 hrs??? ****

53 weeks x 37.5 = 1987.50 hours

How did you come up with 1892 hours???
oops.. my mistake, I calculated by 35.7 instead of 37.5 (however I put 37.5 in the post though). OK let me update/delete my post..

if that is the case, the other question to the OP is, is there any week she/he worked less than 37.5 hrs??
 

shibinp

Star Member
Jan 7, 2013
189
4
Ontario - Canada
Category........
Visa Office......
CPP - Ottawa
NOC Code......
2174
Job Offer........
Pre-Assessed..
App. Filed.......
11-03-2013
AOR Received.
23-04-2013
IELTS Request
CELPIP - Sent with application
Med's Request
10-12-2013
Med's Done....
17-12-2013
Interview........
N/A
Passport Req..
27-12-2013
VISA ISSUED...
08-Jan-2014
LANDED..........
29-Jan-2014
don't worry, I think you have required experience as per the dates you mentioned. All the best.

(I hope I haven't made another calculation error this time LOL.. :))

cec4111 said:
hey shibinp, I applied on Dec 31 2012 while my 2 years completed on Dec 23 2012. I submitted my reference letter with 40 hours mentioned on it. But payslips have no time mentioned on it. Will that be a problem? I am scared.
 

Sophia.B

Star Member
Dec 25, 2012
91
0
ondine, what do you mean by'but some of your work experience may indeed not be eligible '? they didn't mention that on the email and all my jobs are taxable