Overtime - application rejected

[Vincepapaix]

Hi

My application got rejected because they said that they dont take in count overtime. The maximum hour per week is 37.5hour. With overtime I worked 4100hours from april 2010 to june 2012. Without overtime I have just 3300hour experience

I applied in june 2012, and just got rejected now, now i have more than 2years experience at 37.5hour a week.

Since I applied, I'm still working in Canada full time.

Is there a way to send an update hour experience or do I have to re-apply?
Is my application fee lost?

If I go to a lawyer office, would it help ?

Thanks for your help

 

[from_mumbai]

Hi

My application got rejected because they said that they dont take in count overtime. The maximum hour per week is 37.5hour. With overtime I worked 4100hours from april 2010 to june 2012. Without overtime I have just 3300hour experience

I applied in june 2012, and just got rejected now, now i have more than 2years experience at 37.5hour a week.

Since I applied, I'm still working in Canada full time.

Is there a way to send an update hour experience or do I have to re-apply?
Is my application fee lost?

If I go to a lawyer office, would it help ?

Thanks for your help

You should definitely reapply soon. The rules have changes and now they only need minimum of 30 hrs per week for 1 year.

Fees: Once they have started processing the application, no refund is given after that irrespective of the decision.

I dont think lawyers can help. They can just check your documents and suggest if something needs to be changed or added. Afterall, they also refer the CIC website. So, I dont think its a good idea.

 

[meo_02]

Sorry to know your application got rejected.

Effective January 2, 2013, you can now apply for CEC with 1year full time work experience so maybe reconsider reapplying since CEC is a pass or fail thing, I am pretty sure that your application will go through successfully this time. Since you've gone through processing before getting rejected, your application fee cannot be refunded as far as I understand it.

In that span of 2years, did you go for vacation? Because if you did, they will deduct it from your monthly hours thus making your application insufficient in terms of working hours.

I don't think hiring a lawyer is a good idea. But it is still an option for you to decide. This is just my insight so keep options open. Best of luck man.

 

[sashali78]

sorry to hear about it buddy. It's amazing how they reject application based on few hours/days short of 2 years when they already changed the criteria to 1 year/30h. Long live bureaucracy! I join others in advice - just reapply.

 

[Vincepapaix]

Hi

Do you know if they are going to send me back my application? I sent a lot of original documents

Yes i can re-apply. But I am bit disapointed that it needed 10months to get a rejection. On the website they said 37.5h per week or equivalent. All my hours of experience are paid hour, I paid taxes on all hours. Also I waited to live more than 2years in canada to apply,

The requirement are not clear they should clearly said that I needed 3900hours experience with 37.5h maximum a week!

Yes I did go on holiday because after working 60 to even 80hours a week. I needed some time off to recover!

Thanks for your reply

 

[jsm0085]

Hi

Do you know if they are going to send me back my application? I sent a lot of original documents

Yes i can re-apply. But I am bit disapointed that it needed 10months to get a rejection. On the website they said 37.5h per week or equivalent. All my hours of experience are paid hour, I paid taxes on all hours. Also I waited to live more than 2years in canada to apply,

The requirement are not clear they should clearly said that I needed 3900hours experience with 37.5h maximum a week!

Yes I did go on holiday because after working 60 to even 80hours a week. I needed some time off to recover!

Thanks for your reply

Sorry this happened however the criteria was clear, you just didn't read it correctly. Sadly no documents will be sent back to you as they had started processing your application. You best start getting everything together for your next application.

Good luck.

 

[sashali78]

Hi

Do you know if they are going to send me back my application? I sent a lot of original documents

Yes i can re-apply. But I am bit disapointed that it needed 10months to get a rejection. On the website they said 37.5h per week or equivalent. All my hours of experience are paid hour, I paid taxes on all hours. Also I waited to live more than 2years in canada to apply,

The requirement are not clear they should clearly said that I needed 3900hours experience with 37.5h maximum a week!

Yes I did go on holiday because after working 60 to even 80hours a week. I needed some time off to recover!

Thanks for your reply

CIC does not send any documents back. You will have to make new documents and re-apply...
I understand what you feel very well. I first applied in 2007 in FSW1 and it took them 5.5 years to cancel my application without even reviewing it following the C50 law (although by that time i was already living and working in Canada for 1.5 years and they just asked me to submit all original documents just few months before they slashed the file). So you see, it could be worse - i reapplied back last November under CEC. That's how bureaucracy works - scrap old papers and make new ones, can't beat the system.

 

[GinnyPi]

Sorry this happened however the criteria was clear, you just didn't read it correctly. Sadly no documents will be sent back to you as they had started processing your application. You best start getting everything together for your next application.

Good luck.

The criteria aren't actually clear. In fact I am not convinced that this isn't a mistake, although i'm aware it has happened to other people. According to the regulations that were in effect when the OP submitted his/her application (found here http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/20120410/P1TT3xt3.html)

This is R87.1 (3)(a):

"(a) full-time work is equivalent to at least 37.5 hours of work per week;"

That's a direct quote, and it says at least, not at most, so I am not sure how it could be interpreted as a maximum.

Vincepapaix, I am wondering if you prorated your overtime hours from time and a half back down to "regular hours"?

 

[GinnyPi]

sorry to hear about it buddy. It's amazing how they reject application based on few hours/days short of 2 years when they already changed the criteria to 1 year/30h. Long live bureaucracy! I join others in advice - just reapply.

Agreed! This type of change should have been made retroactive to any applications that had not yet been finalized when it came into effect. Not making it retroactive is in effect punishing the applicant for being in Canada/submitting earlier.

Having such people resubmit is a waste of their time and money as well as our tax dollars. PLUS, it doesn't make an ounce of sense if that is the only criteria standing between the applicant and approval. The officer knows for sure that the applicant will be approved after submitting the exact same information.

 

[Vincepapaix]

Hi

When I calculated my hours I took my pay slips, and added all the hour, I didn't multiply my hours based on overtime (1.5 or double time)

I submitted 4100hours. I worked those 4100hours

I replied to their email and contacted a immigration lawyer

As you said, I think i will have to apply from scratch.
With the new law my old application is good. It will be good if they can just transfer it, i dont mind the wait. I just dont want to redo the papework and getting original documents.

 

[jsm0085]

The criteria aren't actually clear. In fact I am not convinced that this isn't a mistake, although i'm aware it has happened to other people. According to the regulations that were in effect when the OP submitted his/her application (found here http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/20120410/P1TT3xt3.html)

This is R87.1 (3)(a):

"(a) full-time work is equivalent to at least 37.5 hours of work per week;"

That's a direct quote, and it says at least, not at most, so I am not sure how it could be interpreted as a maximum.

Vincepapaix, I am wondering if you prorated your overtime hours from time and a half back down to "regular hours"?

Yes - at least 37.5 hours of work per week is what was deemed to be FT last year. Just as this year that definition has changed and is now 30 hours or more per week.

All you are doing is giving the definition of what CIC see as being FT, that definition doesn't include what the eligibility requirements were for CEC last year! PGWP required 12 months of FT work experience and work permit holders required 24 months. The applicant may not have read it, but it was there and it was clear.

Refer to OP25 - http://www.cic.gc.ca/english/resources/manuals/op/op25-eng.pdf - this contains the eligibility criteria for last year - which was also available on the CIC website before it was updated.

I sympothise but it was his fault, not CEC or anyone else. The best and most effective thing he can do is just reapply... A lawyer isn't going to help his pervious application.

 

[Vincepapaix]

Hi jsm0085

Thank you for this pdf

Here i'm quoting the pdf :
6.4. Full-time work
“Full-time 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 full-time work experience requirement may be met by the equivalent in part-time paid work experience, e.g. more than one part-time job held simultaneously or one or more part-time jobs held over the equivalent of one year of full-time work. Experience can be calculated by adding up the number of weeks of full-time work, i.e. 37.5 hours per week in one job or a total of at least 37.5 hours per week in more than one job, in one or more of the NOC categories.'

They are saying ' or equivalent of 1950hours of paid employement over a period at least of 12months'

I have worked 4100hours of paid work from april 2010 to june 2012 (24months)

They dont say anywhere that any hour over 37,5 doesn't count!

Again 'at least' doesn't mean 'maximum' to me.

If you know a way to contest it?

I'm working full time since april 2010 with a 5month gap from august 2011 to january 2012.

 

[jsm0085]

Hi jsm0085

Thank you for this pdf

Here i'm quoting the pdf :
6.4. Full-time work
“Full-time 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 full-time work experience requirement may be met by the equivalent in part-time paid work experience, e.g. more than one part-time job held simultaneously or one or more part-time jobs held over the equivalent of one year of full-time work. Experience can be calculated by adding up the number of weeks of full-time work, i.e. 37.5 hours per week in one job or a total of at least 37.5 hours per week in more than one job, in one or more of the NOC categories.'

They are saying ' or equivalent of 1950hours of paid employement over a period at least of 12months'

I have worked 4100hours of paid work from april 2010 to june 2012 (24months)

They dont say anywhere that any hour over 37,5 doesn't count!

Again 'at least' doesn't mean 'maximum' to me.

If you know a way to contest it?

I'm working full time since april 2010 with a 5month gap from august 2011 to january 2012.

Dude it clearly states what can be counted. You made an assumption. If you read all the documention you will see that for pgwp the 1 yr experience must be gained over 1 yr and 2yr for standard work permit holders.

You are focusing on one area - definition of ft. There was and is more to the eligibility criteria.

You are clutching to straws. Your best bet is to move on and put in a new application.

Good luck.

 

[ujbaby]

Hi

My application got rejected because they said that they dont take in count overtime. The maximum hour per week is 37.5hour. With overtime I worked 4100hours from april 2010 to june 2012. Without overtime I have just 3300hour experience

I applied in june 2012, and just got rejected now, now i have more than 2years experience at 37.5hour a week.

Since I applied, I'm still working in Canada full time.

Is there a way to send an update hour experience or do I have to re-apply?
Is my application fee lost?

If I go to a lawyer office, would it help ?

Thanks for your help

Sorry about this. If ur temporal foreign worker and gained all these hours and applied befor 2yrs, thats probably the reason why u got rejected. The best thing for u now is to reappìy. All the best

 

[Canadavisa07]

Hi

My application got rejected because they said that they dont take in count overtime. The maximum hour per week is 37.5hour. With overtime I worked 4100hours from april 2010 to june 2012. Without overtime I have just 3300hour experience

I applied in june 2012, and just got rejected now, now i have more than 2years experience at 37.5hour a week.

Since I applied, I'm still working in Canada full time.

Is there a way to send an update hour experience or do I have to re-apply?
Is my application fee lost?

If I go to a lawyer office, would it help ?

Thanks for your help

Hi Vincepapaix,

When did you apply in June ? Also, when was your application rejected ?