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Refusal After 6 months (CEC-Aor Oct-11-2018)

xignifye

Full Member
Dec 14, 2017
43
7
After a long wait of six months I got a reply from IRCC saying they have refused my EE application on 18 april 2019. (second attempt)

First attempt for EE that I tried in May, got denied saying they are not satisfied with the duties of supervisor (NOC 6311) I perform in the letter that I provided. So I got new letter from my boss, got reference letter from co-employee and resubmitted the profile. This time I made sure I made no mistake in my application.

ITA Aug 11 2018
AOR Oct 11 2018
ADR: April 4 2019 (pay stub from Nov 2016 to Dec 2017)
Refusal: April 18 2019

Reason for refusal as per them this time "Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada: 2016-11 to 2018-10 – Full Time Food Service Supervisor (NOC: 6311) - at Dairy Queen. I am not satisfied that you meet the skilled work experience requirement(s) because you have not demonstrated you have worked full time hours or the equivalent in part time hours."


Express Entry criteria

Your Scores

CRS – Human Capital – Age- 100
CRS – Human Capital – Level of Education-119
CRS – Human Capital – First Official Language-70
Proficiency
CRS – Human Capital – Second Official Language-0
Proficiency
CRS – Human Capital – Canadian Work Experience-35
CRS – Spouse – Level of Education-9
CRS – Spouse – First Official Language Proficiency-12
CRS – Spouse – Canadian Work Experience-0
CRS – Skill Transferability – Education-50
CRS – Skill Transferability – Foreign Work Experience-0
CRS – Skill Transferability – Certificate of Qualification-0
CRS – Additional – French Proficiency or Bilingualism-0
CRS – Additional – PR or Canadian Sibling-15
CRS – Additional – Canadian Education-15
CRS – Additional – Arranged Employment-50
CRS – Additional – Provincial/Territorial Nomination-0
Your overall points score
475



I claimed 1 year of work experience points on my ITA (score 475). I don't understand why did the officer requested the pay stub for the period of only Nov 2016 to Dec 2017. Also why did he mention 2016-11 to 2018-10 (2 yrs) on refusal letter, when I only claimed points for 1 year. I had already provided those pay-stub initially while filing from November 2016 to May 2018.

My question is when I count number of hours that I worked until August, it goes well beyond the minimum requirement of 1560, then how come I got refusal based on hours requirement.

Below are the number of hours I worked, that are shown on my pay-stub from Nov 2016 till Oct 2018.
* I get paid bi-weekly.

____________ 1 to 15 ________ 6 to 31
Nov-16 ------- 54.5_____________ 55.5
Dec-16 ------- 64_________ 36.5
Jan-17 ------- 39_________ 10
Feb-17------- 54.25_________ 64.75
Mar-17 ------- 69_________ 68
Apr-17 ------- 67.25 _________ 80.25
May-17------- 89.75_________ 92.5
Jun-17 ------- 78.5_________ 61
Jul-17------- 55_________ 89
Aug-17------- 77_________ 79
Sep-17------- 69.25_________ 29.25
Oct-17------- 56.25_________ 88.5
Nov-17------- 47_________ 28
Dec-17------ 60_________ 63
Jan-18------- 77.5_________ 66.75
Feb-18------- 70.5_________ 57
Mar-18------- 65_________ 61
Apr-18------- 75_________ 77.5
May-18------- 30.5_________ 92.75
Jun-18------- 78_________ 72.25
Jul-18------- 71.5_________ 72
Aug-18------- 66_________ 76.75
Sep-18------- 76.25_________ 69.25
Oct-18------- 85.5_________ 75.25.

When I counted, my hours it goes over 2000. I am pretty sure the IRCC have a different way of counting the hours, but still I believe I have achieved the minimum requirement.

What are the option that I have?
Should I raise a web form query stating to reconsider my application or appeal in Federal Court. What should I do?
Please guide me.

Thank you.
 
Last edited:

karki

Hero Member
Feb 11, 2016
454
102
Toronto
Category........
CEC
Visa Office......
Winnepig
NOC Code......
4012 and 6311
Job Offer........
Yes
App. Filed.......
08-02-2019
After a long wait of six months I got a reply from IRCC saying they have refused my EE application on 18 april 2019. (second attempt)

First attempt for EE that I tried in May, got denied saying they are not satisfied with the duties of supervisor (NOC 6311) I perform in the letter that I provided. So I got new letter from my boss, got reference letter from co-employee and resubmitted the profile. This time I made sure I made no mistake in my application.

ITA Aug 11 2018
AOR Oct 11 2018
ADR: April 4 2019 (pay stub from Nov 2016 to Dec 2017)
Refusal: April 18 2019

Reason for refusal as per them this time "Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada: 2016-11 to 2018-10 – Full Time Food Service Supervisor (NOC: 6311) - at Dairy Queen. I am not satisfied that you meet the skilled work experience requirement(s) because you have not demonstrated you have worked full time hours or the equivalent in part time hours."


Express Entry criteria

Your Scores

CRS – Human Capital – Age- 100
CRS – Human Capital – Level of Education-119
CRS – Human Capital – First Official Language-70
Proficiency
CRS – Human Capital – Second Official Language-0
Proficiency
CRS – Human Capital – Canadian Work Experience-35
CRS – Spouse – Level of Education-9
CRS – Spouse – First Official Language Proficiency-12
CRS – Spouse – Canadian Work Experience-0
CRS – Skill Transferability – Education-50
CRS – Skill Transferability – Foreign Work Experience-0
CRS – Skill Transferability – Certificate of Qualification-0
CRS – Additional – French Proficiency or Bilingualism-0
CRS – Additional – PR or Canadian Sibling-15
CRS – Additional – Canadian Education-15
CRS – Additional – Arranged Employment-50
CRS – Additional – Provincial/Territorial Nomination-0
Your overall points score
475



I claimed 1 year of work experience points on my ITA (score 475). I don't understand why did the officer requested the pay stub for the period of only Nov 2016 to Dec 2017. Also why did he mention 2016-11 to 2018-10 (2 yrs) on refusal letter, when I only claimed points for 1 year. I had already provided those pay-stub initially while filing from November 2016 to May 2018.

My question is when I count number of hours that I worked until August, it goes well beyond the minimum requirement of 1560, then how come I got refusal based on hours requirement.

Below are the number of hours I worked, that are shown on my pay-stub from Nov 2016 till Oct 2018.
* I get paid by weekly.

____________ 1 to 15 ________ 6 to 31
Nov-16 ------- 54.5_____________ 55.5
Dec-16 ------- 64_________ 36.5
Jan-17 ------- 39_________ 10
Feb-17------- 54.25_________ 64.75
Mar-17 ------- 69_________ 68
Apr-17 ------- 67.25 _________ 80.25
May-17------- 89.75_________ 92.5
Jun-17 ------- 78.5_________ 61
Jul-17------- 55_________ 89
Aug-17------- 77_________ 79
Sep-17------- 69.25_________ 29.25
Oct-17------- 56.25_________ 88.5
Nov-17------- 47_________ 28
Dec-17------ 60_________ 63
Jan-18------- 77.5_________ 66.75
Feb-18------- 70.5_________ 57
Mar-18------- 65_________ 61
Apr-18------- 75_________ 77.5
May-18------- 30.5_________ 92.75
Jun-18------- 78_________ 72.25
Jul-18------- 71.5_________ 72
Aug-18------- 66_________ 76.75
Sep-18------- 76.25_________ 69.25
Oct-18------- 85.5_________ 75.25.

When I counted, my hours it goes over 2000. I am pretty sure the IRCC have a different way of counting the hours, but still I believe I have achieved the minimum requirement.

What are the option that I have?
Should I raise a web form query stating to reconsider my application or appeal in Federal Court. What should I do?
Please guide me.

Thank you.
Did you mention working hours in your reference letter ? Or it seems something is missing in your reference letters.
 
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xignifye

Full Member
Dec 14, 2017
43
7
Thank You for the reply.
My reference letter does say 30 to 35 hr average per week full time employee.
 

karki

Hero Member
Feb 11, 2016
454
102
Toronto
Category........
CEC
Visa Office......
Winnepig
NOC Code......
4012 and 6311
Job Offer........
Yes
App. Filed.......
08-02-2019
Thank You for the reply.
My reference letter does say 30 to 35 hr average per week full time employee.
Roles and responsibilities are also mentioned with noc 6311 in reference letter, right ? In addition it seems you have job offer with positive LMIA also from same employer. I suggest you to order GCMS notes immediately.
 

xignifye

Full Member
Dec 14, 2017
43
7
Yes
Roles and responsibilities are also mentioned with noc 6311 in reference letter, right ? In addition it seems you have job offer with positive LMIA also from same employer. I suggest you to order GCMS notes immediately.
All the roles and responsibility is clearly mentioned. I do have a valid job offer letter from the same employer.
Yes, I did ordered the GCMS notes. Until than what else can I do?
 

karki

Hero Member
Feb 11, 2016
454
102
Toronto
Category........
CEC
Visa Office......
Winnepig
NOC Code......
4012 and 6311
Job Offer........
Yes
App. Filed.......
08-02-2019
Can u please post a-z from ur reference letter here ? Wait for GCMS it takes 25-30 days average.
 

Hopeful007

Hero Member
Feb 16, 2019
468
344
After a long wait of six months I got a reply from IRCC saying they have refused my EE application on 18 april 2019. (second attempt)

First attempt for EE that I tried in May, got denied saying they are not satisfied with the duties of supervisor (NOC 6311) I perform in the letter that I provided. So I got new letter from my boss, got reference letter from co-employee and resubmitted the profile. This time I made sure I made no mistake in my application.

ITA Aug 11 2018
AOR Oct 11 2018
ADR: April 4 2019 (pay stub from Nov 2016 to Dec 2017)
Refusal: April 18 2019

Reason for refusal as per them this time "Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada: 2016-11 to 2018-10 – Full Time Food Service Supervisor (NOC: 6311) - at Dairy Queen. I am not satisfied that you meet the skilled work experience requirement(s) because you have not demonstrated you have worked full time hours or the equivalent in part time hours."


Express Entry criteria

Your Scores

CRS – Human Capital – Age- 100
CRS – Human Capital – Level of Education-119
CRS – Human Capital – First Official Language-70
Proficiency
CRS – Human Capital – Second Official Language-0
Proficiency
CRS – Human Capital – Canadian Work Experience-35
CRS – Spouse – Level of Education-9
CRS – Spouse – First Official Language Proficiency-12
CRS – Spouse – Canadian Work Experience-0
CRS – Skill Transferability – Education-50
CRS – Skill Transferability – Foreign Work Experience-0
CRS – Skill Transferability – Certificate of Qualification-0
CRS – Additional – French Proficiency or Bilingualism-0
CRS – Additional – PR or Canadian Sibling-15
CRS – Additional – Canadian Education-15
CRS – Additional – Arranged Employment-50
CRS – Additional – Provincial/Territorial Nomination-0
Your overall points score
475



I claimed 1 year of work experience points on my ITA (score 475). I don't understand why did the officer requested the pay stub for the period of only Nov 2016 to Dec 2017. Also why did he mention 2016-11 to 2018-10 (2 yrs) on refusal letter, when I only claimed points for 1 year. I had already provided those pay-stub initially while filing from November 2016 to May 2018.

My question is when I count number of hours that I worked until August, it goes well beyond the minimum requirement of 1560, then how come I got refusal based on hours requirement.

Below are the number of hours I worked, that are shown on my pay-stub from Nov 2016 till Oct 2018.
* I get paid by weekly.

____________ 1 to 15 ________ 6 to 31
Nov-16 ------- 54.5_____________ 55.5
Dec-16 ------- 64_________ 36.5
Jan-17 ------- 39_________ 10
Feb-17------- 54.25_________ 64.75
Mar-17 ------- 69_________ 68
Apr-17 ------- 67.25 _________ 80.25
May-17------- 89.75_________ 92.5
Jun-17 ------- 78.5_________ 61
Jul-17------- 55_________ 89
Aug-17------- 77_________ 79
Sep-17------- 69.25_________ 29.25
Oct-17------- 56.25_________ 88.5
Nov-17------- 47_________ 28
Dec-17------ 60_________ 63
Jan-18------- 77.5_________ 66.75
Feb-18------- 70.5_________ 57
Mar-18------- 65_________ 61
Apr-18------- 75_________ 77.5
May-18------- 30.5_________ 92.75
Jun-18------- 78_________ 72.25
Jul-18------- 71.5_________ 72
Aug-18------- 66_________ 76.75
Sep-18------- 76.25_________ 69.25
Oct-18------- 85.5_________ 75.25.

When I counted, my hours it goes over 2000. I am pretty sure the IRCC have a different way of counting the hours, but still I believe I have achieved the minimum requirement.

What are the option that I have?
Should I raise a web form query stating to reconsider my application or appeal in Federal Court. What should I do?
Please guide me.

Thank you.
You can definitely raise a web form query, it won't hurt anything.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
After a long wait of six months I got a reply from IRCC saying they have refused my EE application on 18 april 2019. (second attempt)

First attempt for EE that I tried in May, got denied saying they are not satisfied with the duties of supervisor (NOC 6311) I perform in the letter that I provided. So I got new letter from my boss, got reference letter from co-employee and resubmitted the profile. This time I made sure I made no mistake in my application.

ITA Aug 11 2018
AOR Oct 11 2018
ADR: April 4 2019 (pay stub from Nov 2016 to Dec 2017)
Refusal: April 18 2019

Reason for refusal as per them this time "Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada: 2016-11 to 2018-10 – Full Time Food Service Supervisor (NOC: 6311) - at Dairy Queen. I am not satisfied that you meet the skilled work experience requirement(s) because you have not demonstrated you have worked full time hours or the equivalent in part time hours."


Express Entry criteria

Your Scores

CRS – Human Capital – Age- 100
CRS – Human Capital – Level of Education-119
CRS – Human Capital – First Official Language-70
Proficiency
CRS – Human Capital – Second Official Language-0
Proficiency
CRS – Human Capital – Canadian Work Experience-35
CRS – Spouse – Level of Education-9
CRS – Spouse – First Official Language Proficiency-12
CRS – Spouse – Canadian Work Experience-0
CRS – Skill Transferability – Education-50
CRS – Skill Transferability – Foreign Work Experience-0
CRS – Skill Transferability – Certificate of Qualification-0
CRS – Additional – French Proficiency or Bilingualism-0
CRS – Additional – PR or Canadian Sibling-15
CRS – Additional – Canadian Education-15
CRS – Additional – Arranged Employment-50
CRS – Additional – Provincial/Territorial Nomination-0
Your overall points score
475



I claimed 1 year of work experience points on my ITA (score 475). I don't understand why did the officer requested the pay stub for the period of only Nov 2016 to Dec 2017. Also why did he mention 2016-11 to 2018-10 (2 yrs) on refusal letter, when I only claimed points for 1 year. I had already provided those pay-stub initially while filing from November 2016 to May 2018.

My question is when I count number of hours that I worked until August, it goes well beyond the minimum requirement of 1560, then how come I got refusal based on hours requirement.

Below are the number of hours I worked, that are shown on my pay-stub from Nov 2016 till Oct 2018.
* I get paid by weekly.

____________ 1 to 15 ________ 6 to 31
Nov-16 ------- 54.5_____________ 55.5
Dec-16 ------- 64_________ 36.5
Jan-17 ------- 39_________ 10
Feb-17------- 54.25_________ 64.75
Mar-17 ------- 69_________ 68
Apr-17 ------- 67.25 _________ 80.25
May-17------- 89.75_________ 92.5
Jun-17 ------- 78.5_________ 61
Jul-17------- 55_________ 89
Aug-17------- 77_________ 79
Sep-17------- 69.25_________ 29.25
Oct-17------- 56.25_________ 88.5
Nov-17------- 47_________ 28
Dec-17------ 60_________ 63
Jan-18------- 77.5_________ 66.75
Feb-18------- 70.5_________ 57
Mar-18------- 65_________ 61
Apr-18------- 75_________ 77.5
May-18------- 30.5_________ 92.75
Jun-18------- 78_________ 72.25
Jul-18------- 71.5_________ 72
Aug-18------- 66_________ 76.75
Sep-18------- 76.25_________ 69.25
Oct-18------- 85.5_________ 75.25.

When I counted, my hours it goes over 2000. I am pretty sure the IRCC have a different way of counting the hours, but still I believe I have achieved the minimum requirement.

What are the option that I have?
Should I raise a web form query stating to reconsider my application or appeal in Federal Court. What should I do?
Please guide me.

Thank you.
Any hours above 30 in a week are not counted. You must have a minimum of 52 weeks at a minimum of 30 hours per week to qualify.
If you worked 20 hours in one week and 40 the next, this is NOT 2 weeks at 30 hours. It's 1 week at 30 and one "part-time" week at 20.

You are not being paid bi-weekly. You are being paid semi-monthly. There is a significant difference. One has 26 pay periods, the other has 24.
 
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xignifye

Full Member
Dec 14, 2017
43
7
Any hours above 30 in a week are not counted. You must have a minimum of 52 weeks at a minimum of 30 hours per week to qualify.
If you worked 20 hours in one week and 40 the next, this is NOT 2 weeks at 30 hours. It's 1 week at 30 and one "part-time" week at 20.

You are not being paid bi-weekly. You are being paid semi-monthly. There is a significant difference. One has 26 pay periods, the other has 24.
Thank you for the response.
Yes I am aware of that. I just wrote 1-15 and 16-31 to make it easier for others to understand. But yes my pay-stub has different dates on them.
I have only considered those weeks as a full time in which I have worked more then 30hr per week or 60hr 2 weeks. Still I think I have met the 1560 hr requirement haven't I?
 

Wolfpmd3

Champion Member
Apr 26, 2015
1,867
455
Canada
NOC Code......
1254
Thank you for the response.
Yes I am aware of that. I just wrote 1-15 and 16-31 to make it easier for others to understand. But yes my pay-stub has different dates on them.
I have only considered those weeks as a full time in which I have worked more then 30hr per week or 60hr 2 weeks. Still I think I have met the 1560 hr requirement haven't I?
So according to CIC the important points are the following:
  • Have worked at least 1560 hours (equivalent to 1 year full-time).
  • Over the span of 52 or more (at least one year)
  • The minimum 30-hours per week is only important when you have only accumulated a year worth of work (for instance, 1 year part time would not be enough), however less than 30 hours/week over a longer span would make it.
I think the issue seems to be that you have failed to successfully demonstrate this. Did you attach your Pay Stubs (including yearly summaries), T-4 and so on? Probably just stating this in a letter might no be sufficient to convince them and you might have to provide further proof of it.

On the other hand, for what I can see, you should be fine because you clearly have accumulated more than enough hours (at least 1560)

What could also be an issue is that you have not actually worked at least 30-35 hours weekly, because it is fairly evident some weeks you have worked under 30, even close to 20 hours only. Maybe they realized that. I would suggest providing a more accurate representation of your worked hours. Probably making an excel table where you can break down each pay period and attach supporting documents such as Pay Stubs for each of them will make it.
 

xignifye

Full Member
Dec 14, 2017
43
7
No, I provided Job offer Letter, Job reference letter from my boss and co-worker, and my pay-stub and T4 also.
 

karki

Hero Member
Feb 11, 2016
454
102
Toronto
Category........
CEC
Visa Office......
Winnepig
NOC Code......
4012 and 6311
Job Offer........
Yes
App. Filed.......
08-02-2019
Can you please post your reference letter here ?
 

xignifye

Full Member
Dec 14, 2017
43
7
Can you please post your reference letter here ?
I am writing this reference letter to certify ******* employment details at Dairy Queen. She was promoted as Supervisor/Shift Leader at Dairy Queen on November of 2016 and as of today, she still continues to work with Dairy Queen as Supervisor/Shift Leader. ****has been has been working on a average 35 hours a week as a full-time employee right from her start date to present date. She earns an hourly wage of 13 CAD. Besides this, she also receives benefits like overtime pay, vacation pay, paid leave for sick days and workplace safety insurance. **** job responsibilities includes, but not limited to –  Help with the staff recruitments and conduct training and evaluation of crew members.  Handle operational procedures like scheduling shifts, break rotation and delegation of tasks during peak and non-peak periods.  Handle customer complaints by taking prompt and appropriate action or by escalating the issue to resolve the problem.  Contribute in execution of restaurant’s business plan as planned by management team.  Responsible for timely and accurate completion of all cash accountability reports on assigned shifts and monitoring revenues.  Work with vendors to order and manage food inventory and other tableware & catering supplies.  Keep a tab on latest health and safety regulations and accordingly train and monitor crew members. I am writing this letter on specific request of *****. All the above information is true as per my knowledge. Please feel free to contact me on ********* or ********@yahoo.com if you have any more questions about *****employment details at Dairy Queen
 

xignifye

Full Member
Dec 14, 2017
43
7
During period of Nov 16 to March 17, I had medical condition in Nov and Dec cause of which I had less then 30 hr and in Jan and Feb I was on vacation.