Can we apply CEC even FSW3 is in process--QORAX,PMM and LEO

[abhi812]

Hi Qorax/PMM/LEO,

Do you think it is reasonable to apply for CEC when FSW3 application in process.
Below is my time line

We received your application for permanent residence on November 20, 2009.

We reviewed your application and sent you a letter on January 25, 2010. Please consider delays in mail delivery before contacting us.

Your application and supporting documents were received by the New York office. They are pending review.

We transferred your application to the New York office on February 3, 2010. The New York office may contact you.

We transferred your application to the New York office on August 4, 2010. The New York office may contact you.

Your application was reviewed and we started processing on October 29, 2010.


On 16 September 2010,They mailed me
An initial assessment of your application has been completed and your selection interview has been waived.

After that whenever I mail them ,they say
The status of your application has not changed since our last reply to you.
Please understand that our office cannot provide you with an update of case status by email on a regular basis, but rest assured that we will contact you for the next stage of the processing of your file.

I have already completed my two years.

Now I am planing to apply for CEC.
Do you think its right decision.


I am also planing to send CAIPS request

 

[qorax]

Yes, multiple apps can go side-by-side... as one culminates, u could w/draw the other.

Qorax

 

[bongcan]

I am short of 15 days for 2 yrs as per actual working in Canada. However, I have more than 1950*2 hrs accumulated. Am I eligible for CEC?
The OP 25 says

"For the Temporary Foreign Worker Stream, the applicant must have 24 months of fulltime
equivalent Canadian skilled-work experience at NOC 0, A or B acquired in Canada,
within the 36 months preceding the date their application is made"

An example is given:
Temporary foreign workers with 2 years of work experience* (inthe 3 years immediately preceding application) * Work experience can
be part-time and noncontinuous

Pedro is a cabinetmaker (NOC B) from Portugal. He came to Canada as a temporary foreign worker and worked for 1 year. He returned to Portugal for 9 months before coming back to Canada.He worked part-time for 6 months before his employer moved him up to full-time status. He hasbeen working full-time for the past10 months.The sum of Pedro’s work experience in Canada over the last 3 years
equals 25 months; therefore, he meets the minimum requirement of 24 months.


What is exactly " 24 months fulltime equivalent"? Can it be construed as "1950*2" hrs in last 2 years?

 

[Leon]

It's a minimum of 24 months and a minimum of 3900 hours so you have to have both. Besides, 15 days, are you kidding? You can't wait 15 days to apply?

 

[bongcan]

Problem is I shall be leaving Canada 15 days short of 2 years. So, no kidding.

 

[Leon]

Then take a 15 day vacation before you officially quit your job. Then you will have 2 years.

 

[bongcan]

Ok, My story

I came to Canada on May 2, 2011 with WP expiring Apr 14, 2011, the day I shall be leaving. For now I am going back to India and will be back to US on May 2011.

My FSW3 has been on since May 31, 2009. I was thinking of concurrent CEC filing.

 

[bongcan]

correct FSW3 since May 2010

 

[Leon]

If you don't have 24 months, you don't meet the requirements.

Temporary Foreign Worker Stream
Under this stream an applicant must have acquired in Canada within the 36 months
before the date the application is made, at least 24 months of full-time work experience,
or the equivalent in part-time work experience, in a NOC type 0, or level A or B
occupation (i.e., managerial, professional, or skilled and technical)

 

[bongcan]

Thanks for the initial assessment.

But the application eligibility says:
"You must have obtained the equivalent of 24 months of full-time or full-time equivalent (one week is 37.5 hours of work) Canadian skilled work experience at NOC Skill Type 0, or Skill Level A or B. This work experience must have been acquired in Canada (within the 36 months preceding the date the application is made*).
You do not have to be employed at the time of the application.
Note: Any periods of self-employment or unauthorized work cannot be included when calculating the period of work experience. You must have temporary resident status during the period of work experience."

CIC agent also confirmed this. Looks like I shall email them to get official response.

So, after April, I can claim 24 months of full-time equivalent (3950 hours +) as long as I am filing it within 1 yr of leaving Canada. Does it ring a bell?

 

[Leon]

If you look at my quote, you see that it says "at least 24 months of full-time work experience,
or the equivalent in part-time" which to me indicates that full time equivalent only applies when you don't reach 3900 hrs. in 24 months and then have up to 36 months to reach those hours.

Say you work 80 hrs. a week, would that mean you can apply after a year? I don't think so. Of course you can try it. I do not know how strictly they stick to the 24 months. Maybe a VO in a good mood will let you slip through.