Got rejected today:( any suggestions on my case?

[Sophia.B]

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

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

 

[honeysingh]

Sorry to know about your rejection,,, Have you provided your Paystubs with your application and does your paystubs has more then 45 hrs per week as you said?

 

[scylla]

I don't think the hours per week are being questioned by CIC. I think the problem is the length of time worked. Did you provide pay stubs for the entire period? What was the date of your experience letter?

 

[Jhendi]

Sorry to hear about this.

Im just wondering, as per the rejection letter, how did the Visa Officer knows that you work less than 37.5 hours per week when you write in your reference letter that you work 45 hrs/week?

And, Am i getting this wrong??? May 28 to June 1 is over a year?

Can you share, if you don't mind the content of your reference letter and the date of it.

Thanks

 

[shibinp]

sorry to hear this, but as per my understanding even if you work 45 hrs / week, only 37.5 hrs only will be considered. Are you sure even after you calculate with 37.5 hr you have required experience??

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.

 

[SenoritaBella]

1. May 28, 2011 - June 1st, 2012, is too tight, always a good idea to give yourself at least 2 extra weeks before applying.
2. What was the date of your reference letter? If it was dated before May 28, 2012, then unfortunately, the visa officer considered your work experience to be less than 12 months.

3. I believe you can reapply under the new rules. http://www.cic.gc.ca/english/immigrate/cec/apply-who.asp
•have at least 12 months of full-time (or an equal amount in part-time) skilled work experience in Canada in the three years before you apply.

 

[shibinp]

Sorry to hear about this.

how did the Visa Officer knows that you work less than 37.5 hours per week when you write in your reference letter that you work 45 hrs/week?

Thanks

I guess you did not understand VO's point well, even if we work 45hrs / week, only 37.5 hr is the maximum accepted / week. So for example if you worked 2 week for 45 hrs your actual hours would be 45x2 = 90, however CIC will give you only 75 hrs (37.5x2)

 

[ondine]

Sorry to hear about your rejection, Sophia. A couple of points:

1) Did you work 45 hours/week every week for the May 28, 2011 - June 1, 2012 period? Or were there weeks where you didn't work (excluding paid vacation)? Also, I noticed that May 28, 2011 was a Saturday. Is the date right?

2) The rules for CEC have changed. While you still need one year of work experience, full-time work is now only 30 hours. Furthermore, any skilled work experience you have over the 36 months prior to your application is counted. What I'm trying to say is that I think you can reapply under the new rules.

 

[Sophia.B]

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

 

[ondine]

Did you work full-time during the entire period? Were there weeks where you worked less than 37.5 hours?

 

[Sophia.B]

i do understand that they only take 37.5 hours shibinp, the thing i don't understand is that they say i don't have enough working experience which I submitted one year paystubs.
and I worked min 40hours a week, sometimes i worked 60hours a week. never less than that, i have two jobs
may 28 is the date showed on my paystubs and reference letter

 

[Sophia.B]

i have full time job and a part-time job

 

[ujbaby]

sorry about this Sophie . Did u applied for BOWP?? I suggest u re-apply under the new rule.

 

[lizzibet6309]

Given that you applied in August 2012, I thought the requirement at that point was for 2 years work experience?

 

[ujbaby]

Given that you applied in August 2012, I thought the requirement at that point was for 2 years work experience?

nope, post graduate stream was one year work experience.