Work experience of 2 years 10 months, reflecting as 3 years in EE profile

[drewinoakville]

Tha

1 - You are still assuming for calculation purposes that the applicant can claim more than 30 hours per week. Saying "1560 or MORE" is simply not possible as the maximum hours that can be achieved in a year are 1560 - 52 weeks times 30 hours per week.

2 - OP is short of 3 years of work experience by 2 months, you are suggesting he can proceed but you're still failing to understand the he must work for a period of 3 years. Does it not make sense that in order to claim 3 years of work experience one must work for 3 years?

3 - A reasonable period of paid vacations can be counted as part of work experience (not relevant to the topic but still)

4 - I actually commend you for trying to do the research but unfortunately if the OP proceeds it will only grant him a nice rejection letter. This isn't even a complicated case, you're free to ask any senior here and the response will be the same.

5 - Finally I will provide a rejection letter from an applicant who was naive in claiming two years of work experience by counting more than 30 hours per week and without working for a period of two years:

""I have now completed the assessment of your application for a permanent resident visa as a member of
the Canadian Experience Class and have determined that you do not meet the requirements for
immigration to Canada.
Section 11.2 of IRPA requires that information provided in your Express Entry Profile concerning your
eligibility to be invited to apply (10.3(1)(e)) as well as the qualifications on the basis of which you were
ranked (10.3(1)(h)) be valid both at the time the invitation was issued and at the time the application for
permanent residence is received.
Citizenship and Immigration Canada invited you to apply for permanent resident status based on the
qualifications you claimed in your Express Entry profile.
In your Express Entry profile you indicated that you possess 2 years of Canadian work experience as
defined under Section 1 of the Ministerial Instructions Respecting the Express Entry System.
Based on the documentation submitted with your application for permanent residence I am not satisfied
you possess 2 years of Canadian work experience.
This change in your qualifications resulted in a loss of points that brought your rank below the lowest
ranking person who was invited to apply in your round of invitation, under the Express Entry
Comprehensive Ranking System.""

Thanks for the input. You are right that I am not senior around here and implied as much in my responses. I can see how being short 2 months may be a problem. A couple of follow-ups though:

- On the OPs EE application, they followed directions and were told 3 years by the system. If, after they receive their ITA, and they put the dates and not the years, I don't know how that is their fault and certainly not fraud. To be sure, a 423 is the safer route to assume.

- I am pre-EE application but am in a similar situation. I joined in the middle of a month. 23 months later, at the end of the month, I got the immediate lay off (restructure) notice. They of course, had to give me the standard ESA severance and vacation accrued which put me over the 2 yrs. However, technically, I was 12 business days short of 2 years (if you add the 7 vacation days and 1 public holiday, it is 4 days short) experience. When/if I enter my dates for my EE application, the system will clearly show 2 years based on what was entered (by OP above). However, on my ITA, would you think this will make a difference? I will be close on points, the reason I ask.
Thanks

 

[DelPiero07]

Tha

Thanks for the input. You are right that I am not senior around here and implied as much in my responses. I can see how being short 2 months may be a problem. A couple of follow-ups though:

- On the OPs EE application, they followed directions and were told 3 years by the system. If, after they receive their ITA, and they put the dates and not the years, I don't know how that is their fault and certainly not fraud. To be sure, a 423 is the safer route to assume.

- I am pre-EE application but am in a similar situation. I joined in the middle of a month. 23 months later, at the end of the month, I got the immediate lay off (restructure) notice. They of course, had to give me the standard ESA severance and vacation accrued which put me over the 2 yrs. However, technically, I was 12 business days short of 2 years (if you add the 7 vacation days and 1 public holiday, it is 4 days short) experience. When/if I enter my dates for my EE application, the system will clearly show 2 years based on what was entered (by OP above). However, on my ITA, would you think this will make a difference? I will be close on points, the reason I ask.
Thanks

1 - I never mentioned fraud, OP did not make any mistakes when filling his profile but like I said already, it is his responsibility to ensure he's claiming to right number of years of work experience. It has been discussed countless times in this forum how the system should be modified to properly reflect one's true score. The processing officer will reject any application that does not meet the requirements and/or qualifications that the applicant claimed to have. Blaming the system is pointless.

2 - Compared to the OP's situation yours is a much closer call, I can see it going both ways but if you're unlucky enough to get a processing officer who follows the guidelines to a T then rejection will come your way.

 

[mf4361]

@DelPiero07 is correct. For the 1 year experience, you have to satisfy both 1560 hours AND 1 calendar year.

It is not a fraud to claim 3 years then only provide proof of 2.5 years. You will just get a rejection (or be calculated as 2 years). If you try to fabricate papers to prove 3 years of work experiences, that is misrepresentation

It is safe to leave a week or more while counting working days, some officers count Sundays, holidays down to the fine detail and it's not worth it just to apply a few days early

 

[drewinoakville]

A tiiiny doubt. Appreciate any clarity.

Filling out my post ITA application.
Mentioning the details of my immediate family members.
Have an elder sister who is married and resides in a different city.
Do I mention her as well?

I thought you got points or other preference if you had direct family who live here? At the risk of me sounding foolish again, I will let the senior people answer.

 

[drewinoakville]

It is safe to leave a week or more while counting working days, some officers count Sundays, holidays down to the fine detail and it's not worth it just to apply a few days early

Neither the OP, nor myself, have this luxury. Our roles ended PRIOR to the anniversary so waiting won't help meet the requirement.

In my case, I do have a paycheck on the 2 yr anniversary date listing the pay for vacation and the 'special' (ESA required) pay for that time period (but my letter of employment states the end of the prior month), so I think I would be ok. I will have to see if/when applying for EE if I get an ITA.

 

[loz1993]

Tha

Thanks for the input. You are right that I am not senior around here and implied as much in my responses. I can see how being short 2 months may be a problem. A couple of follow-ups though:

- On the OPs EE application, they followed directions and were told 3 years by the system. If, after they receive their ITA, and they put the dates and not the years, I don't know how that is their fault and certainly not fraud. To be sure, a 423 is the safer route to assume.

- I am pre-EE application but am in a similar situation. I joined in the middle of a month. 23 months later, at the end of the month, I got the immediate lay off (restructure) notice. They of course, had to give me the standard ESA severance and vacation accrued which put me over the 2 yrs. However, technically, I was 12 business days short of 2 years (if you add the 7 vacation days and 1 public holiday, it is 4 days short) experience. When/if I enter my dates for my EE application, the system will clearly show 2 years based on what was entered (by OP above). However, on my ITA, would you think this will make a difference? I will be close on points, the reason I ask.
Thanks

Hi!
Did you apply a few days short? What was the outcome of the application if so? I am in a similar situation!

 

[Ambrose4045]

@DelPiero07 kindly clarify to my situation.

My spouse (primary applicant) three years of work experience ended on Feb 26. I had given the work experience as February as it asks only monthly in the express entry profile. But I got the points for three years (extra 25 points) in January itself. I checked that it got automatically updated and I did not make any change. I got my ITA under FSW on Jan 23. I accepted the ITA and to be on the safer side, I made sure three years of work experience got completed and then got my spouse work experience letter on March 5th and got my aor on March 7th after submission of my application. My cutoff would become low than the draw score if they calculate it as two years and I would lose that extra 25 points . The system automatically updated the points before one month of 3 year work experience and I did not have three years experience during ita but had 3 years and complete points during eapr submission. Am I safe ?? Kindly share Ur views .

 

[Aspirant777]

@DelPiero07 kindly clarify to my situation.

My spouse (primary applicant) three years of work experience ended on Feb 26. I had given the work experience as February as it asks only monthly in the express entry profile. But I got the points for three years (extra 25 points) in January itself. I checked that it got automatically updated and I did not make any change. I got my ITA under FSW on Jan 23. I accepted the ITA and to be on the safer side, I made sure three years of work experience got completed and then got my spouse work experience letter on March 5th and got my aor on March 7th after submission of my application. My cutoff would become low than the draw score if they calculate it as two years and I would lose that extra 25 points . The system automatically updated the points before one month of 3 year work experience and I did not have three years experience during ita but had 3 years and complete points during eapr submission. Am I safe ?? Kindly share Ur views .

Sir...
Plz suggest
I have a teaching experience as an assistant professor from 2011 August to Mar 2012
Then again contract renewed from July 2012 to march2013.
How should I mention it?
Is it like this....
From Aug 2011 to Mar 2013
Or perfect time period???

 

[AmeyaGodbole]

@DelPiero07 kindly clarify to my situation.

My spouse (primary applicant) three years of work experience ended on Feb 26. I had given the work experience as February as it asks only monthly in the express entry profile. But I got the points for three years (extra 25 points) in January itself. I checked that it got automatically updated and I did not make any change. I got my ITA under FSW on Jan 23. I accepted the ITA and to be on the safer side, I made sure three years of work experience got completed and then got my spouse work experience letter on March 5th and got my aor on March 7th after submission of my application. My cutoff would become low than the draw score if they calculate it as two years and I would lose that extra 25 points . The system automatically updated the points before one month of 3 year work experience and I did not have three years experience during ita but had 3 years and complete points during eapr submission. Am I safe ?? Kindly share Ur views .

In an ideal world, you should have declined the ITA, but as far as I can tell, you haven't really done anything wrong.

 

[Ambrose4045]

In an ideal world, you should have declined the ITA, but as far as I can tell, you haven't really done anything wrong.

@DelPiero07

Have you seen any rejection cases similar to my situation? Bcos I do pass the MEC under Fsw where it states that you need only one year of work experience and for crs points as concerned I read that it can be claimed till eapr submission. Are my assumptions correct ??

 

[AmeyaGodbole]

@DelPiero07

Have you seen any rejection cases similar to my situation? Bcos I do pass the MEC under Fsw where it states that you need only one year of work experience and for crs points as concerned I read that it can be claimed till eapr submission. Are my assumptions correct ??

I can't say I've seen rejections on the basis of this particular situation/s. You seem to be technically correct, but then again, its open to several different interpretations.
Sometimes I feel IRCC has deliberately kept these gaps wide open, only for Visa case officers to fill in on basis of their own judgement.
I can't say for sure about your case but I do wish you luck.

 

[jaffaral]

My friend had 99 weeks of Canadian experience and system gave him points for 2 years. Technically he should have 104 weeks. Without 2 years his score would have gone below the cutoff of that draw.

He has now completed almost 2 years of his residency in Canada

 

[AmeyaGodbole]

Well..what do ya know? The same thing has just happened to me. Score jumped from 448 to 473. I'm falling short by 2 calendar months for complete 3 years experience.
@Ambrose4045 Dude.. you have to keep me in the loop, tell me how it goes with you. I'll follow your steps.
What a pickle!

 

[DelPiero07]

@DelPiero07

Have you seen any rejection cases similar to my situation? Bcos I do pass the MEC under Fsw where it states that you need only one year of work experience and for crs points as concerned I read that it can be claimed till eapr submission. Are my assumptions correct ??

You're safe.

 

[ad07]

@Ambrose4045 @Ambrose4045 - I am also in a similar situation. Kindly let me know how it has gone for you guys.