Overtime - application rejected

[GinnyPi]

CIC rejects really on absurd and ridiculous reasons. I think the officers need every specific reason to reject your application, its like they don't realize that peoples lives/careers depend on permanent residency. Mine got rejected because apparently I wasn't a full time student for two years even though I went to university for four years and had a letter from the registrars office stating i was full time. Anyways I applied again and unfortunately the fees is non-refundable as well.

You're absolutely right, CIC sometimes rejects for what appear to be very minor issues. In all fairness, in some cases the applicant has made an error or omission, but in some cases CIC does make mistakes. We have seen a case of someone's application being returned because the screener at CIC didn't notice that a page of the application was printed on the other side of the paper!

It is very important to remember that CIC officers are human beings, and so they are not perfect. Nobody here can tell me that they have never made a single error or omission at work. Applicants need to feel empowered and question CIC if and when necessary. It is not always easy to get a response after a decision is made, but if you have a valid point that is based on information they had when processing your application, they will almost certainly respond. Another good option is going through your MP because CIC is required to respond to all inquiries from the MP's office. It's easy to get help from the MP's office too, because they have staff there to assist with constituency issues.

 

[jes_ON]

To the OP, please consult a lawyer, or at the very least email CIC to say that the regulations do not refer to a restriction on overtime hours for CEC applicants, and this leads you to believe that an error has been made in your application. You met the two requirements that do apply to you: at least 2 years, and at least 3900 hours.

Unfortunately for the OP, jsm0085 is correct, even if s/he explains it differently.

CIC does not "restrict" overtime hours, but before Jan 2, 2013, defined full-time employment as "at least 37.5 hours per week." Any week that meets or exceeds 37.5 hours is one full-time week. A week in which you worked 40 hours per week is one full-time week. A week in which you worked 65 hours per week is one full-time week. Period. For full-time weeks, you don't count hours, it is just one full-time week.

You only count hours if you work part-time (e.g. fewer than 37.5 hours), so that you can calculate the full-time equivalent.

If the OP tried to mix actual full-time hours with part-time hours, that would be a mistake. The only way you could do that is if you counted each full-time week as 37.5 hours (you would have to ignore any hours worked past that). This is why jsm0085 calls it a "limit."

For example, you work for 2 weeks. One week you work 45 hours, one week you work 30 - so one week is full-time, one week is part-time The WRONG way to count this is to add the two weeks together (75 hours) and average them at 37.5 hours per week. This now looks like you worked 2 full-time weeks, which is not correct. You have worked 1.9 full-time weeks. Over 2 years, this makes a difference. For example, if you extend this same pattern over 2 years, you've worked the full-time equivalent of 98.8 weeks instead of 104. So you have not met the 2 year work requirement, you are short by 5-6 weeks.

This is why some of us try to urge applicants NOT to apply immediately as soon as they think they qualify, but to have patience and wait a little bit, in case of a miscalcuation. It really sucks to be refused when you're short by a couple of weeks. Remember, the 1 year or (then, 2 year) requirement is a MINIMUM requirement. Give yourself some extra time before applying.

 

[ujbaby]

Unfortunately for the OP, jsm0085 is correct, even if s/he explains it differently.

CIC does not "restrict" overtime hours, but before Jan 2, 2013, defined full-time employment as "at least 37.5 hours per week." Any week that meets or exceeds 37.5 hours is one full-time week. A week in which you worked 40 hours per week is one full-time week. A week in which you worked 65 hours per week is one full-time week. Period. For full-time weeks, you don't count hours, it is just one full-time week.

You only count hours if you work part-time (e.g. fewer than 37.5 hours), so that you can calculate the full-time equivalent.

If the OP tried to mix actual full-time hours with part-time hours, that would be a mistake. The only way you could do that is if you counted each full-time week as 37.5 hours (you would have to ignore any hours worked past that). This is why jsm0085 calls it a "limit."

For example, you work for 2 weeks. One week you work 45 hours, one week you work 30 - so one week is full-time, one week is part-time The WRONG way to count this is to add the two weeks together (75 hours) and average them at 37.5 hours per week. This now looks like you worked 2 full-time weeks, which is not correct. You have worked 1.9 full-time weeks. Over 2 years, this makes a difference. For example, if you extend this same pattern over 2 years, you've worked the full-time equivalent of 98.8 weeks instead of 104. So you have not met the 2 year work requirement, you are short by 5-6 weeks.

This is why some of us try to urge applicants NOT to apply immediately as soon as they think they qualify, but to have patience and wait a little bit, in case of a miscalcuation. It really sucks to be refused when you're short by a couple of weeks. Remember, the 1 year or (then, 2 year) requirement is a MINIMUM requirement. Give yourself some extra time before applying.

hi Jes_On, can I send u all my biweekly hours to calculate??. I know it is too late for this but just to get prepared for any outcome. I worked variable hours for 3 companies and made a total number of 2213hsr altogether. 1665hrs in one company and 447 hrs, in another and 101 with the last company. I didn't check it weekly because the hours varies( sometime no work at all for the whole week) but what I knew was that I worked more than 52weeks before applying. I applied under a PGWP stream. pls respond. I am worried if my case will be rejected. All my paystubs was also sent out with my application

 

[jes_ON]

hi Jes_On, can I send u all my biweekly hours to calculate??.

Seriously? You're a NURSE! Not trying to be mean, just - c'mon, skilled workers are supposed to be able to do simple math. If CIC were to read this, they could add a math test to the requirements

 

[Winterfox]

Seriously? You're a NURSE! Not trying to be mean, just - c'mon, skilled workers are supposed to be able to do simple math. If CIC were to read this, they could add a math test to the requirements

jES_on don't be rude man...
Help ujbaby... how knows one day ul be in the hospital and she'll be the nurse taking care of u
ur Math test comment thing was funny ahahahahah

 

[from_mumbai]

Hmmmmmmm, sounds rude to me but c'mon of course I am a nurse but I have explained my situation to u which is more complicated than those that works steady hours. my hours is not steady and u should read meaning into what I am saying. if u were in my situation, how will u calculate it??? if ur not sure either, just don't respond. Thanks

jes_ON is pretty sure how to calculate.. but its a headache to explain this so many times...
check this http://www.canadavisa.com/canada-immigration-discussion-board/hours-of-eligibility-calculator-spreadsheet-t141742.0.html

 

[ujbaby]

jes_ON is pretty sure how to calculate.. but its a headache to explain this so many times...
check this http://www.canadavisa.com/canada-immigration-discussion-board/hours-of-eligibility-calculator-spreadsheet-t141742.0.html

hey, u should try adding variable hrs on this ur spreadsheet and let me know how it works. Thanks

 

[ujbaby]

jes_ON is pretty sure how to calculate.. but its a headache to explain this so many times...
check this http://www.canadavisa.com/canada-immigration-discussion-board/hours-of-eligibility-calculator-spreadsheet-t141742.0.html

if u guys are unsure of something.. u should at least keep quiet and stop insulting people or being rude to others.

 

[from_mumbai]

if u guys are unsure of something.. u should at least stop insulting people or being rude to others.

For more details,
New rule: http://www.cic.gc.ca/english/resources/manuals/op/op25A-eng.pdf Check section 6.3 on page 6
Old rule: http://www.cic.gc.ca/english/resources/manuals/op/op25-eng.pdf Check section 6.4 on page 9

n stop complaining

 

[jes_ON]

Hmmmmmmm, sounds rude to me but c'mon of course I am a nurse but I have explained my situation to u which is more complicated than those that works steady hours. my hours is not steady and u should read meaning into what I am saying. if u were in my situation, how will u calculate it??? if ur not sure either, just don't respond. Thanks

Yes, perhaps it was rude, but this is not the first time we're discussing this, I also explained all of this to you BEFORE you applied.

Your application IS complicated, and I'd say your hours are probably not your biggest hurdle.

 

[from_mumbai]

I also explained all of this to you BEFORE you applied.

If that's the case, than it was not at all rude.. that was a very appropriate answer...

 

[ujbaby]

Yes, perhaps it was rude, but this is not the first time we're discussing this, I also explained all of this to you BEFORE you applied.

Your application IS complicated, and I'd say your hours are probably not your biggest hurdle.

whatever

 

[ujbaby]

If that's the case, than it was not at all rude.. that was a very appropriate answer...

whatever

 

[from_mumbai]

whatever

now I know how this person has so many posts/...

 

[Winterfox]

Loll this thread is moving into the fight zone ...

Hey Ujbaby is it true that uve been told before by JES_on bout this?
If yes then I think It would be best for u to store and save those threads so u can refer to them whenever u want. I hope u understand that posting the same questions over again only increases the related topics and confuses most people. And I am saying this politely 8)