Qualifying period Dilemma

[Simondial]

Hi guys,

I have recently been denied PR before reaching the medical exam stage as my work experience has been deemed ineligible.
Originally I had 8 months of experience in category B and 4 months in category C ( my mistake)
I have since sent a letter of Employment from my current employer in category B adding an additional 15 weeks experience in the qualifying period, taking my total to 11.5 months.
This takes the total actual weeks worked to almost 50.


As well as the 50 weeks I have been working 60 hours per week with my current employer, I averaged between 50 and 60 hours per week with the previous two employers.


This brings the total hours worked of skill Level B in the qualifying period to roughly 2700.


I also worked in a total of 13 different months in the qualifying period of three years,11 full months and three half months.

Having read up on the qualifying period rules it also states that a reasonable vacation period would be allowed when making calculations.

Do I have a case for appeal here?

Thanks in advance for your responses.

 

[zardoz]

Hi guys,

I have recently been denied PR before reaching the medical exam stage as my work experience has been deemed ineligible.
Originally I had 8 months of experience in category B and 4 months in category C ( my mistake)
I have since sent a letter of Employment from my current employer in category B adding an additional 15 weeks experience in the qualifying period, taking my total to 11.5 months.
This takes the total actual weeks worked to almost 50.


As well as the 50 weeks I have been working 60 hours per week with my current employer, I averaged between 50 and 60 hours per week with the previous two employers.


This brings the total hours worked of skill Level B in the qualifying period to roughly 2700.


I also worked in a total of 13 different months in the qualifying period of three years,11 full months and three half months.

Having read up on the qualifying period rules it also states that a reasonable vacation period would be allowed when making calculations.

Do I have a case for appeal here?

Thanks in advance for your responses.

I believe that if you didn't qualify on the day that CIC originally received your application, you can't add further qualifications to it later in order to "repair" it.

 

[GinnyPi]

Hi guys,

I have recently been denied PR before reaching the medical exam stage as my work experience has been deemed ineligible.
Originally I had 8 months of experience in category B and 4 months in category C ( my mistake)
I have since sent a letter of Employment from my current employer in category B adding an additional 15 weeks experience in the qualifying period, taking my total to 11.5 months.
This takes the total actual weeks worked to almost 50.


As well as the 50 weeks I have been working 60 hours per week with my current employer, I averaged between 50 and 60 hours per week with the previous two employers.


This brings the total hours worked of skill Level B in the qualifying period to roughly 2700.


I also worked in a total of 13 different months in the qualifying period of three years,11 full months and three half months.

Having read up on the qualifying period rules it also states that a reasonable vacation period would be allowed when making calculations.

Do I have a case for appeal here?

Thanks in advance for your responses.

I believe that if you didn't qualify on the day that CIC originally received your application, you can't add further qualifications to it later in order to "repair" it.

The cut off is technically your "lock-in date". This is usually the date that your file was transferred from Sydney to the processing center. You can find your lock-in date in your GCMS notes. I would suggest consulting with a lawyer to double check your hours, and write your appeal. You're absolutely right about a "reasonable vacation period" being permitted. However, a vacation is different from not enough hours.

 

[scylla]

Do I have a case for appeal here?

No - you definitely do not have a case for appeal.

As others have said, your qualifying period is locked in on the day you apply. You cannot accumulate work experience after applying.

You will have to submit a profile through Express Entry and forget about your old application. You were correctly refused for having insufficient qualifying work experience.

 

[Simondial]

Thanks for your responses.
I'm not sure if I made this clear but. ...All the work experience occurred in the three year period before the lock-in date.

So I am basically trying to change the work experience I (unknowingly) did in category C to work done in category B all in the qualifying three year period prior to my lock-in date.

 

[HONEY_P]

Hi guys,

I have recently been denied PR before reaching the medical exam stage as my work experience has been deemed ineligible.
Originally I had 8 months of experience in category B and 4 months in category C ( my mistake)
I have since sent a letter of Employment from my current employer in category B adding an additional 15 weeks experience in the qualifying period, taking my total to 11.5 months.
This takes the total actual weeks worked to almost 50.


As well as the 50 weeks I have been working 60 hours per week with my current employer, I averaged between 50 and 60 hours per week with the previous two employers.









This brings the total hours worked of skill Level B in the qualifying period to roughly 2700.


I also worked in a total of 13 different months in the qualifying period of three years,11 full months and three half months.

Having read up on the qualifying period rules it also states that a reasonable vacation period would be allowed when making calculations.

Do I have a case for appeal here?

Thanks in advance for your responses.

hi simondial can you please share your timeline ?? did they ask you for any additional docs. ???

 

[jes_ON]

Do I have a case for appeal here?

No. The end-date of the qualifying period is the date your application is received by CIC. You must qualify before you apply, and by your own account, you were 4 months short.

You can certainly re-apply, however.

 

[jes_ON]

Thanks for your responses.
I'm not sure if I made this clear but. ...All the work experience occurred in the three year period before the lock-in date.

So I am basically trying to change the work experience I (unknowingly) did in category C to work done in category B all in the qualifying three year period prior to my lock-in date.

You're right, this is not clear, and still is not.

Are you saying you had other work experience that you did not provide evidence for?
If that is the case, you still cannot appeal since that was your error for not having submitted it in the original application.

Or are you saying you are trying to change the NOC?

You can only appeal if CIC makes the error.

 

[Simondial]

My application was received June 16th 2014
AOR: August 6th

I received GCMS notes in May. The notes stated that I didn't have required amount of hours in a skilled profession (4 months short)

Upon advice from a lawyer I sent in the letter of employment giving me the missing hours in a skilled profession. This was received about a week ago.

 

[scylla]

It's still very confusing to understand what you are asking. Are you saying that you are trying to change your four months of NOC C work to NOC B? Or are you staying that you provided additional evidence to show additional experience under NOC B that you failed to include in your original application? If it's the first, how did the four months of experience get evaluated as NOC C rather than NOC B? If this was because of a mistake you made - you have no grounds for appeal since the error was yours and not CIC's. If it's the second, you still have no grounds for appeal since you failed to include this information with your original application and it was correctly refused.

Or am I still misunderstanding?

 

[Simondial]

It is the second question you asked "are you saying that you provided additional evidence to show additional experience under NOC B that you failed to include in your original application?"

"If it's the second, you still have no grounds for appeal since you failed to include this information with your original application and it was correctly refused."


If something else such as a police cert or a copy of a family member's passport is missing , it is possible to send it later, but additional proof of work experience in the required category is not allowed, therefore cancelling the whole application?....seems unnecessarily harsh.

The reason I did not include the additional work experience in the original application was because the application was sent back to us twice before it was finally accepted by the CIC on June 16th 2014, during which time I was working in a skill level B profession.

 

[zardoz]

It is the second question you asked "are you saying that you provided additional evidence to show additional experience under NOC B that you failed to include in your original application?"

"If it's the second, you still have no grounds for appeal since you failed to include this information with your original application and it was correctly refused."


If something else such as a police cert or a copy of a family member's passport is missing , it is possible to send it later, but additional proof of work experience in the required category is not allowed, therefore cancelling the whole application?....seems unnecessarily harsh.

The reason I did not include the additional work experience in the original application was because the application was sent back to us twice before it was finally accepted by the CIC on June 16th 2014, during which time I was working in a skill level B profession.

There is a huge difference here. You failed to provide the essential information to even qualify for the CEC Class. The other examples that you quote are merely supporting documents over and above the baseline qualification. Please feel free to support the legal profession with your money but you need to understand that you are probably "flogging a dead horse".

 

[GinnyPi]

It is the second question you asked "are you saying that you provided additional evidence to show additional experience under NOC B that you failed to include in your original application?"

"If it's the second, you still have no grounds for appeal since you failed to include this information with your original application and it was correctly refused."


If something else such as a police cert or a copy of a family member's passport is missing , it is possible to send it later, but additional proof of work experience in the required category is not allowed, therefore cancelling the whole application?....seems unnecessarily harsh.

The reason I did not include the additional work experience in the original application was because the application was sent back to us twice before it was finally accepted by the CIC on June 16th 2014, during which time I was working in a skill level B profession.

If prior to a decision being made on your application, you provided additional information about your work that was completed prior to your lock-in date, then CIC is required to consider it in making their decision. If they did not consider your additional submissions made prior to a decision on your application, yes, send them a notice via email, and if they ignore or refuse it, go to court. Note that this is the expensive option, but if you don't have an LMIA this may be a fight worth fighting.

If after a refusal, you provided them with this additional information, it is at their discretion and it is extremely rare that CIC will consider it. If this is the case, you can send them an appeal by email, but it is not even a little bit worth it to go to court. You will wait several months, and your case will be dismissed.

Regardless of which of the above is true for your case, I suggest setting up your Express Entry profile. You have nothing to lose except a bit of your time. Whatever is the case, I would suggest retaining a reputable lawyer to handle any interactions with CIC.

 

[Simondial]

If prior to a decision being made on your application, you provided additional information about your work that was completed prior to your lock-in date, then CIC is required to consider it in making their decision. If they did not consider your additional submissions made prior to a decision on your application, yes, send them a notice via email, and if they ignore or refuse it, go to court. Note that this is the expensive option, but if you don't have an LMIA this may be a fight worth fighting.

If after a refusal, you provided them with this additional information, it is at their discretion and it is extremely rare that CIC will consider it. If this is the case, you can send them an appeal by email, but it is not even a little bit worth it to go to court. You will wait several months, and your case will be dismissed.

Regardless of which of the above is true for your case, I suggest setting up your Express Entry profile. You have nothing to lose except a bit of your time. Whatever is the case, I would suggest retaining a reputable lawyer to handle any interactions with CIC.

Excellent information, Thank you.
I actually sent in the Letter of employment with the extra required hours in skill level B before being refused. I then received an email of acknowledgement of receipt saying it would be considered.

Approximately four days later I received an email with an attached PDF saying I had insufficient hours in skill level B and was being denied PR. Completely disregarding the LOE with the extra hours. No mention of it whatsoever.
Express Entry seems the only way forward now. Kind of annoying losing another year to visa limbo over a minute technicality.