Overtime - application rejected

[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.

well like I said and will keep saying "whatever" . Right now, nobody will send me home because I am here to stay with good regulated occupation. I have been working full time for 7 months now(no more part time or casual hours) with only one employer and my AOR came in with my last GCMS notes 3 days ago( they actually sent it in the past but I didn't received it). it means that I can now send out my application for BOWP. my employer is even more willing to help me with LMO, so with these 2 options available for me, why am I getting worried and listening to all these crap??. I applied CEC with variable hours(2213hrs) graduate stream after almost 70 weeks because I have seen someone in this forum that did so in the past( calculated all his hours from paystubs and included his paystubs after working variable hours and never get his hours by the week) and got his PR status within 7 months and that's why I got more confused after reading about calculating hours by week but now who cares ( I am now working full-time). Jes_ON , u might be referring to my application as more complicated because you thought that I never received AOR( I now did) or I applied with 2 children, but Jes_ON darling, I tell u, sooner or later, we all will land just like u did. thanks for your rude comments

 

[ujbaby]

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)

yes, he have said that in the past but never bring up a concrete solution but who cares???

 

[Winterfox]

yes, he have said that in the past but never bring up a concrete solution but who cares???

Alright take it easy. Well if u got ur AOR already maybe ur not in a bad spot after all

 

[seton]

Alright take it easy. Well if u got ur AOR already maybe ur not in a bad spot after all

An AOR is not an eligibility check, but a completeness check for filling out the form. The best sign of an eligibility check is your Medical Request.

I agree with jsm/jes on the calculation formulas. Essentially there is a "cap" on the hours, pre-Jan 2013, of 37.5 hours per week. If your hours exceeded 37.5, you cannot add those additional hours but you count it as 1 full-time week. Anything less will be considered part-time, and you can sum your part-time hours for your week calculation. As such, overtime in essence won't be included in your calculation.

If you look at this rationally, this is to prevent accelerated calculations and is in the spirit of the act. You cannot get more than 1 week's experience from a week of work, regardless of the number of hours you actually work. The lower requirement for hours in 2013 makes this a little more flexible and easier on part-time workers, but in essence the rule is the same.

When you're doing the calculation, you have to do it on a week by week basis. You cannot take your aggregate hours over a year.

 

[ujbaby]

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, ur stupid by saying that I can't do simple maths. How do u think that I perform my regular day to day duties and calculation as a nurse??. Do u perform my duties for me or did u sat down and wrote my nursing exams for me?? I wanted to ignore this statements but just realised that this is really an insult. I respect u as a senior member here but will not let u get away with insulting people anyhow u wish. if u don't want to respond to my posts or don't know what to say, better ignore it and say nothing.

 

[jes_ON]

Jes_ON , u might be referring to my application as more complicated because you thought that I never received AOR( I now did) or I applied with 2 children, but Jes_ON darling, I tell u, sooner or later, we all will land just like u did. thanks for your rude comments

AOR only means your application was complete, I'm not sure what that has to do with ... Anyway, I said your situation was complicated because of your family situation. That was not intended in the slightest as insult (? why would that be an insult ???) and cannot fathom how that was "rude." I have responded to MANY of your questions over time, still support you, and I hope you do "land." And yes, nurses are very much needed.

As for the calculating hours - too much "tough love?" My point was -
1) We've been over this before, I'm not sure why the discussion about someone else's issue is suddenly causing you concern.
2) I KNOW you can do it yourself! You will (or should have) more confidence in the results if you figure it out for yourself...

 

[jsm0085]

Jes_ON, ur stupid by saying that I can't do simple maths. How do u think that I perform my regular day to day duties and calculation as a nurse??. Do u perform my duties for me or did u sat down and wrote my nursing exams for me?? I wanted to ignore this statements but just realised that this is really an insult. I respect u as a senior member here but will not let u get away with insulting people anyhow u wish. if u don't want to respond to my posts or don't know what to say, better ignore it and say nothing.

I think that was exactly the point. You are obviously capable of basic calculations so why not take the time to do the same with the CEC application...

 

[ujbaby]

I think that was exactly the point. You are obviously capable of basic calculations so why not take the time to do the same with the CEC application...

here he comes again, pls I don't need more jes_on here, mind ur business buddy :-X :-X :-X

 

[jes_ON]

Jes_ON, ur stupid by saying that I can't do simple maths. How do u think that I perform my regular day to day duties and calculation as a nurse??. Do u perform my duties for me or did u sat down and wrote my nursing exams for me?? I wanted to ignore this statements but just realised that this is really an insult. I respect u as a senior member here but will not let u get away with insulting people anyhow u wish. if u don't want to respond to my posts or don't know what to say, better ignore it and say nothing.

I am sorry you misunderstood. Didn't say you couldn't - I KNOW you can do it yourself. But for some reason you didn't, you asked a total stranger to do the work for you. But, I'm the rude one...??? It was supposed to be a (teasing) kick in the butt, get you to figure it out for yourself. I like helping people who are willing to help themselves. But – whatever. I continue to wish you success with your application.

 

[yahoo7]

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.

When you say that your application was rejected, does this refer to the application which you filed to the one prior to feb 2013?

 

[jsm0085]

here he comes again, pls I don't need more jes_on here, mind ur business buddy :-X :-X :-X

This is a PUBLIC forum... If it's not my business - start sending people pvt messages... Otherwise, if you don't like what i'm saying, you can always ignore it.

 

[ujbaby]

This is a PUBLIC forum... If it's not my business - start sending people pvt messages... Otherwise, if you don't like what i'm saying, you can always ignore it.

I don't need ur advice at all, jsm0085. This is because ur worst than anyone else I could imagine. I have been following ur posts and discovered that ur not being fair at all to people, so stay clear!!!!!!

 

[jsm0085]

I don't need ur advice at all, jsm0085. This is because ur worst than anyone else I could imagine. I have been following ur posts and discovered that ur not being fair at all to people, so stay clear!!!!!!

You people are crazy...

 

[GinnyPi]

An AOR is not an eligibility check, but a completeness check for filling out the form. The best sign of an eligibility check is your Medical Request.

I agree with jsm/jes on the calculation formulas. Essentially there is a "cap" on the hours, pre-Jan 2013, of 37.5 hours per week. If your hours exceeded 37.5, you cannot add those additional hours but you count it as 1 full-time week. Anything less will be considered part-time, and you can sum your part-time hours for your week calculation. As such, overtime in essence won't be included in your calculation.

If you look at this rationally, this is to prevent accelerated calculations and is in the spirit of the act. You cannot get more than 1 week's experience from a week of work, regardless of the number of hours you actually work. The lower requirement for hours in 2013 makes this a little more flexible and easier on part-time workers, but in essence the rule is the same.

When you're doing the calculation, you have to do it on a week by week basis. You cannot take your aggregate hours over a year.

I totally get it as you and jes_on explained it, but I think this an issue of interpretation and I happen to disagree with the popular opinion.

My understanding is that most part-timers simply have irregular hours, so that they may work a lot of hours in some weeks, and then fewer in others. I think it's unreasonable of CIC to expect applicants to do all these weird calculations per week of work, over more than 104 weeks no less! And I am glad that they reduced the hours per week, making it more reasonable for such people as the OP. I plead the 5th on the single stream. :-X

The point is that such people can assimilate into the Canada labour market, as evidenced by the fact that the OP for example managed to hold down a skilled job for over two years, and worked more than 3900 hours over that period of time. Moreover, if there is an issue about overtime, they can make it clear like the regulations for LICs. You cannot count overtime hours, or you can only count X amount of overtime hours. If you look at the OP's original post, his rejection referenced overtime, and that's why I think that in his case, the rules may have been misapplied.

In any case, the thread is not about me and my beliefs, and I think both sides of the discussion have been aired sufficiently for any applicant in a similar situation to do what they think is best for them. For me, that's what the conversation is about.

 

[GinnyPi]

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.

This is a great explanation. I still disagree, because I think it goes against the spirit of the law, but I appreciate that you took the time to make a coherent, non confrontational post.

I agree that people should not apply as soon as they think they're eligible, for exactly the reason that you have given. It makes a lot of sense to wait an extra month or so, as opposed to risking waiting 9 months or more only to receive a rejection, and a "thanks for your interest in Canada".