Got rejected today:( any suggestions on my case?

[vijayarr]

sadly, I received a email today basically said I didn't have enough working experience in Canada which is not true. I send out my application on August 2012, they received on August 30th. I got my AOR ON September just in case you wonder my time line.
my working experience from MAY-28/2011 TO JUNE -1/2012, 45HOURS PER WEEK.
im on visitor permit now, my work permit expriod on June 3/2012
I don't think I can re-apply it because I finish school Dec 2010. it's been over 2 years
Can I appeal it? and how?
any body knows a experienced lawyer in Toronto can help?
thank you

:-X

Dear xx:



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.

According to the Immigration and Refugee Protection Regulations, applicants in the Canadian Experience Class are assessed on the basis of the pass/fail requirements set out in subsection R87.1(2). The assessment of these criteria determines whether a worker with Canadian experience will be able to become economically established in Canada. The criteria are:

· knowledge of English or French,

· Canadian skilled work experience,

· Canadian educational credentials (for the Post-Graduation Stream only).

Your application was assessed based on the occupations which you identified as part of your skilled work experience in Canada: assistant teacher/recreation facilitator (NOC 4214/5254).

I am not satisfied that you meet skilled work experience requirements. I have reviewed your letters of employment and while I noted all the hours worked, a portion of these hours were accrued while exceeding the 37.5 hours per week maximum. Work in excess of 37.5 hours per week is not eligible towards work experience accumulated in order to compensate for a shorter working period. As a result I am not satisfied you have acquired 12 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, within the 24 months before the date the application was made and after having obtained a Canadian credential.



Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. Subsection 2(1) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.

Following an examination of your application, I am not satisfied that you meet the requirements of the Act and Regulations for the reasons explained above. I am therefore refusing your application.

Thank you for the interest you have shown in Canada.

Yours sincerely,



Case Officer

Citizenship and Immigration Canada

Since you said "finished school in dec 2010". When was your actual graduation ceremony or date on the degree certificate? My school never had a winter convocation it was always Spring and Fall semesters. So if you had graduated in June (mid or late) your experience for the month of May will not be counted. You seemed to have worked one year.. no second thoughts about that. But I would like to understand this part however.

 

[Jhendi]

oops.. my mistake, I calculated by 35.7 instead of 37.5 (however I put 37.5 in the post though). OK let me update/delete my post..

if that is the case, the other question to the OP is, is there any week she/he worked less than 37.5 hrs??

it scared me a bit coz my work period is the same 53 weeks. (dec 13, 2011 - dec. 20, 2012). I thought I'm short hours also looking at your post. But when I did the math, both of us (sophia) where over by minimum requirement. The only difference is I work full time 44hrs a week with 1 employer on a closed work permit. I hope it should be good.

My only concern is, I didn't submit all my paystubs for the whole period thats why I pointed out how did the VO find that sophia is working less than 37.5/week when she state in her reference letter that she work 45hrs/week?

How did the VO come up to a decision that she's missing the minimum required hours which is 1,950???

Are they going to compute base on the paystubs???

If that is? Then i might have a problem coz I'm missing 5 paystubs with my application package. I lost some of it, so I only submitted what I have.

Should I be worried???

 

[gong0704]

Work in excess of 37.5 hours per week is not eligible towards work experience accumulated in order to compensate for a shorter working period.

According to this part of the rejection letter, it seems to me that the officer don't think you have enough working period, not hours. Are you sure you submit your forms or your employment letter or your pay stub absolutely express your working period? I believe the officer must have found some evidence to say you do not have enough proof for the period you were saying you had from May/28/2011 to June/01/2012. And I suggest that you seriously look at all your application and see where that evidence might be and trying to get rid of it when you reapply.
May/28/2011 is a Saturday, did you start it a full time job on a Saturday day? Which i will question, the officer will question too.
I don't suggest you appeal.

 

[vijayarr]

Sophia, for some reason that is not quite clear, the VO is considering a period of your work experience as not counting towards CEC purposes. My guess is that the period will be significant (perhaps 2 weeks or more), as I really can't see a VO rejecting your case over 1-2 days (does anybody know of a case where this happened?). It is possible that the VO made a mistake, but some of your work experience may indeed not be eligible - we would need more information to understand what happened. In any case, I do think it is really, really important that you figure this out before you reapply, so that you don't face the same problem all over again.

After I read this .. I'm questioning the decision.. But not unless we know information when he/she graduated?

 

[Sophia.B]

it scared me a bit coz my work period is the same 53 weeks. (dec 13, 2011 - dec. 20, 2012). I thought I'm short hours also looking at your post. But when I did the math, both of us (sophia) where over by minimum requirement. The only difference is I work full time 44hrs a week with 1 employer on a closed work permit. I hope it should be good.

My only concern is, I didn't submit all my paystubs for the whole period thats why I pointed out how did the VO find that sophia is working less than 37.5/week when she state in her reference letter that she work 45hrs/week?

How did the VO come up to a decision that she's missing the minimum required hours which is 1,950???

Are they going to compute base on the paystubs???

If that is? Then i might have a problem coz I'm missing 5 paystubs with my application package. I lost some of it, so I only submitted what I have.

Should I be worried???

their point is i don't have enough experience in canada not really how many hours i worked, they said on the email that they don't caculet the over time which is fine.
on my pay stubs shows clearly period time got paid and hours and job title, that's why im so confused how they not find that over 40hours and a full year experience.

 

[Sophia.B]

vijayarr
I did accelerate program 16months straight. it's shows graduate in December on my diploma

 

[vijayarr]

vijayarr
I did accelerate program 16months straight. it's shows graduate in December on my diploma

Seems unfair But, don't lose hope .. apply again under the new rule and you should be good!

 

[Sophia.B]

According to this part of the rejection letter, it seems to me that the officer don't think you have enough working period, not hours. Are you sure you submit your forms or your employment letter or your pay stub absolutely express your working period? I believe the officer must have found some evidence to say you do not have enough proof for the period you were saying you had from May/28/2011 to June/01/2012. And I suggest that you seriously look at all your application and see where that evidence might be and trying to get rid of it when you reapply.
May/28/2011 is a Saturday, did you start it a full time job on a Saturday day? Which i will question, the officer will question too.
I don't suggest you appeal.

yes, i saved every single paystubs and photocopyed and highlight the date
it shows may 28 on my first paystubs, i don't know why, may be the company made midstake

 

[Sophia.B]

im really sad that i waited so long for this bad news, and now i have to apply police check and IELTS again, all over again!!!!

 

[honeysingh]

im really sad that i waited so long for this bad news, and now i have to apply police check and IELTS again, all over again!!!!

Sophia,

when you did a 16 months of program, its 2 year course.

then how come you didn't receive 3 year work permit.........

 

[sashali78]

im really sad that i waited so long for this bad news, and now i have to apply police check and IELTS again, all over again!!!!

Apply for GCMS notes to see the full reason for your rejection. you can also try to email CIC and ask them (nicely) why they consider your experience short of 12 months.

 

[nicole1006]

hi, i am so sorry to hear that, but i have a question for you, as you mentioned that you have 45hr every week from both full time work and part time work. but what your full time work and part time work do ?

 

[random123]

sophia, when was your post graduate work permit issued? exact date.

Sophia,

when you did a 16 months of program, its 2 year course.

then how come you didn't receive 3 year work permit.........

 

[nicole1006]

btw, go over your paystub, make sure, every week you had at least 37.5hrs work.... then conbine with the GCMnote you order..... the rejection letter might not include every reason of rejection....
btw, i am Aug application, i am still waiting for the decision....i only have 52 weeks working experience... i got my PGWP on Aug 12 12 and applied on Aug 11 12....i dont know whether they consider that i did not have one year experience....we need to help each other....keep in touch!!!

 

[sunbun]

vijayarr
I did accelerate program 16months straight. it's shows graduate in December on my diploma

Hi Sophia,
I read in other forums that the VO looks the work duration from the Graduation date which in your case is December, 2011. If so, the time between you received your graduation and application is just 6 months only making you ineligible for CEC.