Received AOR on 3rd of April; application got denied exactly a week later

[zardoz]

See above ( http://www.cic.gc.ca/english/resources/manuals/op/op25-eng.pdf )

 

[whymeee]

I suspect that they have applied the new rules to your application retrospectively. You would have needed 1950 hours if that is the case.

I doubt it. Under old rules it used to be 24 months and 1950 hours, so I think they reviewed my application under current regulations as the excerpt I posted even mentions the 12 month requirement.

 

[jes_ON]

"I am not satisfied that you meet the requirement(s) because You have not provided sufficient evidence of at least 12 months of work experience in Canada in occupation(s) at Skill Type O, or Skill Level A or B of the National Occupational Classification (NOC) within the 36 months preceding the date of your application. Work experience with COMPANYNAME from 21 Dec 2011 to 19 Feb 2013 is for a period less than 12 months (28.21 hours per week)."

Is my math way off? Requirement is having worked full time (or equivalent) for at least a year. That means.. 30 hours times 52 weeks = 1560 hour requirement. . . . My pay stubs say the same thing, yet I still got denied.

I think you might be focusing on the wrong thing. This is not about the hours, this is about the EVIDENCE you provided. You state that you provided paystubs. But did you provide a letter of employment with all the required details?

 

[ondine]

But, I just looked up all the information and it clearly states that under CEC you require at least 37.5 hours per week or 1950 hours of paid work over a period of 12 months will also be considered.

That's according to the old rules, jake21. In the new rules, which can be found in the OP 25-A (http://www.cic.gc.ca/english/resources/manuals/op/op25A-eng.pdf), full-time work experience is 30 hours per week (or more).

According to OP 25-A to be eligible for CEC, an applicant must have acquired:

"in Canada, within the 36 months before the date on which their
application is received, at least 12 months of full-time work experience, or the
equivalent in part-time work experience" (p. 3)

Later on, it qualifies what it is this equivalent part-time work experience:

"The full-time work experience requirement for applicants in the CEC 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 at least one year
of full-time work).
Work experience can be calculated by adding up the number of weeks of full-time (or
equivalent) paid work (i.e. 30 hours per week in one job, or a total of at least 30 hours per
week in more than one job) in one or more skilled occupations at Skill Type 0 (Managerial
occupations), Skill Level A (Professional occupations) or B (Technical occupations and
skilled trades) of the NOC. Work experience must be acquired over a period of at least
one year; work in excess of 30 hours per week over a shorter period cannot compensate
for any shorter overall period of experience." (p. 7)

I think the OP might have a point...

 

[ondine]

Yep, I think jes has a point.

 

[whymeee]

I think you might be focusing on the wrong thing. This is not about the hours, this is about the EVIDENCE you provided. You state that you provided paystubs. But did you provide a letter of employment with all the required details?

Absolutely. Pay stubs, great reference letter (including extensive duties), and a certificate for being my team's MVP.

See, I was focusing on the hours because the last sentence listed my dates and average hours so I automatically assumed that was their issue.

 

[zardoz]

However, if they applied the old rules to the period before the new rules started, then the numbers wouldn't work.
Perhaps the case notes should be ordered to find out exactly what they did?

 

[jes_ON]

Absolutely. Pay stubs, great reference letter (including extensive duties), and a certificate for being my team's MVP.

See, I was focusing on the hours because the last sentence listed my dates and average hours so I automatically assumed that was their issue.

OK, I see. Well, if your application was received after January 2, 2013, then the rule would have been at least 12 months of full-time employment (at least 30 hours per week) or the part-time equivalent.

So my next question - "28.21 hours per week" is an odd number, I would guess that's an average of the number of hours you worked per week. So I would also guess that means that some weeks you worked more hours, others less. Any week that was 30 hours or more would be counted as full-time - a full time week would be counted as 30 hours (regardless if it was 30, 40, or 80 hours per week).

Any week that was less than 30 hours per week would be "face value" (28 would be 28). It's not higher math, just tedious math. Since you submitted your pay stubs, the VO would have been able to calculate that.

 

[whymeee]

OK, I see. Well, if your application was received after January 2, 2013, then the rule would have been at least 12 months of full-time employment (at least 30 hours per week) or the part-time equivalent.

So my next question - "28.21 hours per week" is an odd number, I would guess that's an average of the number of hours you worked per week. So I would also guess that means that some weeks you worked more hours, others less. Any week that was 30 hours or more would be counted as full-time - a full time week would be counted as 30 hours (regardless if it was 30, 40, or 80 hours per week).

Any week that was less than 30 hours per week would be "face value" (28 would be 28). It's not higher math, just tedious math. Since you submitted your pay stubs, the VO would have been able to calculate that.

Exactly. My hours vary, but I did add up the hours on my pay stubs and they were enough. Otherwise I wouldn't have even sent in my application.

I just applied for GCMS notes. Curious to see what they thought the problem was.

Do you know if they will return my documents back to me though? If I do reapply I'd need police certificate, etc., and those are a pain to get.

 

[random123]

@whymeee when was your application received by CIC?

Absolutely. Pay stubs, great reference letter (including extensive duties), and a certificate for being my team's MVP.

See, I was focusing on the hours because the last sentence listed my dates and average hours so I automatically assumed that was their issue.

 

[jake21]

Where did you find that info?

cic.gc.ca/english/immigrate/cec/apply-who.asp clearly says You must have at least 12 months of full-time, or an equal amount in part-time, skilled work experience. Full-time work means at least 30 hours of paid work per week.

Here you go man.

http://www.cic.gc.ca/english/resources/manuals/op/op25-eng.pdf

 

[ondine]

Here you go man.

http://www.cic.gc.ca/english/resources/manuals/op/op25-eng.pdf

jake21, that's the old rules. New rules are op 25-A.

 

[whymeee]

@ whymeee when was your application received by CIC?

random123, on 19th of February.

 

[random123]

Did you provide T4s and NOAs? I cant seem to figure out why your application was rejected--it seems to me you are qualified. Did your letter specifically outline hours worked or did it just have the "average"? Did your letter specify that it was"full time" or "part time" work?

On the bright side (dare i say), at least you didnt wait 9-10 months for a rejection, most rejected people are left in limbo for a long time. You can regroup and reapply soon. Wishing you all the best!

random123, on 19th of February.

 

[pjcanada]

whymeee... once processed, CIC will not return application package.