Rejected CEC application - basis for appeal?

[clodaoc]

Hi Vik - thanks I just replied. I should have pointed out earlier I suppose that I landed in Canada on 23/08/10 and the temp jobs I mentioned in my previous post were completed between that date and when I started at BCH on 29/11/10. So that amount of worked hours is on top of the hours clocked up while at BCH.

 

[clodaoc]

Actually - while preparing for my lawyer consultation tomorrow, do any experts out there know of a code that could be used in replacement of the NOC 1221 code? I can send a private mail to whoever thinks they might be able to help, with a company description of my job. I'm trying to prepare for all options here...thanks!

.....trying to be optimistic..... ???

 

[Pippin]

I wish I had the actual Manual reference but the hours worked have to be full weeks don't they? Not sure if you had any part time weeks?? You can't just look at the total hours and total number of weeks and divide to get average hours worked. I THINK you would have to work MORE weeks to equal the full number of months, even if you had worked some overtime. I hope that makes sense.

 

[LPS]

I wish I had the actual Manual reference but the hours worked have to be full weeks don't they? Not sure if you had any part time weeks?? You can't just look at the total hours and total number of weeks and divide to get average hours worked. I THINK you would have to work MORE weeks to equal the full number of months, even if you had worked some overtime. I hope that makes sense.

Ultimately it's about reaching 1,560 hours (52 weeks x 30 hours). See "What does equal amount of part-time work experience mean?" (http://www.cic.gc.ca/english/helpcentre/answer.asp?q=718&t=6).

The CEC manual states that you can't count more than 30 hours in any given week. See http://www.cic.gc.ca/english/resources/manuals/op/op25a-eng.pdf section 6.3 "Full-time work". So for example, if you work 40 hours per week, you still have to work 52 weeks, and not 39 (1,560 ÷ 40).

 

[YoungJC]

Ultimately it's about reaching 1,560 hours (52 weeks x 30 hours). See "What does equal amount of part-time work experience mean?" (http://www.cic.gc.ca/english/helpcentre/answer.asp?q=718&t=6).

The CEC manual states that you can't count more than 30 hours in any given week. See http://www.cic.gc.ca/english/resources/manuals/op/op25a-eng.pdf section 6.3 "Full-time work". So for example, if you work 40 hours per week, you still have to work 52 weeks, and not 39 (1,560 ÷ 40).

When he/she applied, the required amount of hours was 37.5 weekly. You'd have to calculate hours worked up to 37.5 weekly over the required 24 month period.

 

[LPS]

When he/she applied, the required amount of hours was 37.5 weekly. You'd have to calculate hours worked up to 37.5 weekly over the required 24 month period.

Yes - I should clarify what I said applies to new applications - in the OP's case (applied before January 2, 2013) the formula would be 37.5 hours = 1,950 hours (for those who required 12 months' experience) or 3,900 hours (for those who needed 24 months).

 

[clodaoc]

Another update on my situation. I call Bomza Law Group and I have to put all my information into an email, my rejection letter, copy of IMM 0008 form, absolutely every scrap of information for him to make his decision on where to go from here, and also listing out my alternative options if he feels an appeal isn't going to work. I hope to get this email drafted and sent in the coming day or two and then schedule the consultation for early next week.

I am trying to think of alternative options if he doesn't agree that we have a case for appeal. As I mentioned before the NOC code I used was 1221. I am trying to find an alternative code that fits with my job description. If someone is willing I can send a private message with my official job description (the one Accenture provides...not a description in my own words). I think i could match it to NOC 1122. I would just like another opinion on this before getting my hopes up.

Thanks in advance whoever obliges to read it

 

[vw24]

Okay, Canadavisa is right. For work permits, its the day your application was "sent" that counts, not when received. I'm 100% sure of that as I have 1st hand experience with it. Its different with PR applications.

May I ask how is PR application different than work permit application in regards to timeline? I am asking because I have max. of 13 months of experience for the last 36 months. and I planning on sending my CEC PR application within a week from within Canada. So would my experience shorten if it takes 2 months for CIC agent to receive my application?

PS: I will be sending it by courier so should take less than a week to get there for sure.

 

[lpc19800]

May I ask how is PR application different than work permit application in regards to timeline? I am asking because I have max. of 13 months of experience for the last 36 months. and I planning on sending my CEC PR application within a week from within Canada. So would my experience shorten if it takes 2 months for CIC agent to receive my application?

PS: I will be sending it by courier so should take less than a week to get there for sure.

It's from the day it's received. You can see this from your ecas status online

 

[vw24]

It's from the day it's received. You can see this from your ecas status online

Thank you for the quick response.

Just to clear my worries. Receive as in application package received by the CIC office from the courier
OR
Receive as in application package landed on an agent's hand to start reviewing my application package.

 

[lpc19800]

Thank you for the quick response.

Just to clear my worries. Receive as in application package received by the CIC office from the courier
OR
Receive as in application package landed on an agent's hand to start reviewing my application package.

The first one
With CEC PR process, your application will first be checked by central intake office (Nova Scotia) to make sure it's complete (all forms are signed etc)
Processing by an actual visa officer won't happen for another 7-10 months

 

[cecnov2013]

Another update on my situation. I call Bomza Law Group and I have to put all my information into an email, my rejection letter, copy of IMM 0008 form, absolutely every scrap of information for him to make his decision on where to go from here, and also listing out my alternative options if he feels an appeal isn't going to work. I hope to get this email drafted and sent in the coming day or two and then schedule the consultation for early next week.

I am trying to think of alternative options if he doesn't agree that we have a case for appeal. As I mentioned before the NOC code I used was 1221. I am trying to find an alternative code that fits with my job description. If someone is willing I can send a private message with my official job description (the one Accenture provides...not a description in my own words). I think i could match it to NOC 1122. I would just like another opinion on this before getting my hopes up.

Thanks in advance whoever obliges to read it

Hi

Any updates on this?

 

[clodaoc]

Hi,

An update on my situation...

I was advised by the lawyer that code 1211 was the best match for the position I held while in Canada. I got my boss to sign a new reference highlighting more of the supervisory element of my job (absolutely anything that i helped supervised or assist other colleagues was highlighted). I feel its a strong reference and matches what they are looking for. I posted off all our paperwork on 29th November without our police checks (which is ok) and i have since followed with one set of police checks from our home country. I am having trouble getting our Australian ones..they said i used code 33 instead of code 35 on the request form so a different type of police check was issued...3 times....and now today i am submitting another payment to them to send out the right ones. My own fault really. I have informed CIC that they are on the way so there shouldn't be a problem.

On a side note....for my last CEC application, when submitting Australian police certs I didn't have to submit a traffic history report for my partner (even though he lived in QLD for a year). I have just realised now I need to get one for him but i can't remember why i didn't have to submit one last year. Do you know if it has since just become mandatory? He used his Irish licence if driving in QLD so didn't actually have an Australian licence. I'm just wondering what i need to do and how i can get this quickly now!

Back to the actual thread discussion...i will keep the group updated on the progress with my application!

 

[LPS]

On a side note....for my last CEC application, when submitting Australian police certs I didn't have to submit a traffic history report for my partner (even though he lived in QLD for a year). I have just realised now I need to get one for him but i can't remember why i didn't have to submit one last year. Do you know if it has since just become mandatory? He used his Irish licence if driving in QLD so didn't actually have an Australian licence. I'm just wondering what i need to do and how i can get this quickly now!

Unfortunately Queensland Transport release of information has to be applied for by post if you can't attend an office personally. It requires that you obtain certified copies of identity documents. (I cheated and got someone with my power of attorney to do it)

http://www.tmr.qld.gov.au/Licensing/Release-of-information.aspx

I'm not sure what your partner would even put on the release of information form as it asks for your Queensland driver licence number, or failing that, other evidence of identity. This might be a clue though:

http://www.cic.gc.ca/english/information/security/police-cert/asia-pacific/australia.asp

Applicants who are unable to provide a Traffic History or a Licence History Search must provide evidence, issued by the Queensland and/or Victoria roads authority, stating that the person has never held a driver’s licence in that state.

So perhaps you'll request the Traffic History and all they'll issue is a 'name not found' kind of document.

As for why the traffic history was only mandatory for you and not your partner last time you applied, my feeling is this was probably an oversight on your part, though if that's true it's odd they didn't pick up on it.

 

[lpc19800]

I didn't have a Vic driving license - I emailed Vic roads and they sent a "does not exist" type letter.

I understand though that qld is more complicated :-S