Applicant from PhD program after 5 Nov, 2011 connect here to get status

[N_O]

My case is a complicated one. I am going to write a full story in case it may be useful to someone else with the similar circumstances. To answer your question right away, my bank statements only showed average of $5,000 monthly balance, whereas the amount I had to show as settlement fund is almost $21,000. However, I had other documentation along with the proof of source of lump sum amount and it was satisfactory to them (read below). Now, here is my full story:

I knew from your last posts some of your story, that is why I asked!

You deserve it, you were faithful and informative, so they were satisfied!

I believe that your Appointment Letter was enough by itself, as they will be sure you'll have an enough salary to support your family.

Thanks again for explaining what you did, it will be helpful for everyone here!

 

[GeoCanadian]

I believe that your Appointment Letter was enough by itself, as they will be sure you'll have an enough salary to support your family.

Thanks again for explaining what you did, it will be helpful for everyone here!

Thanks for kind words, N_O.

No, just the appointment letter would not be sufficient. In the operations manual (see here: http://www.cic.gc.ca/english/resources/manuals/op/op06a-eng.pdf on page 31-32, Section 10.1 under "Exception" and under "Note") the CIC officers are directly instructed not to exercise their discretion (so-called "substitute evaluation") in waiving the proof of funds requirement. Therefore, unless applicant submits proof of funds showing the adequate amount of settlement funds into their account the CIC officer has no choice but reject the application. The only alternative is to have an indeterminate job offer and ARRANGED employment LMO, but AT THE TIME OF APPLICATION!

The six month statements and proof of sources of funds are just additional evidence that the money is indeed the applicant's and is fully available, and free of any obligation. If not satisfied with this kind of evidence, the CIC officers have full discretion to reject an applicant's case even if he/she has submitted the proof of funds. It must be noted that there are no statutory requirement and/or specific operational instructions regarding the necessity of six month worth of bank account statements. Once again, this is used by the CIC officers to make their final judgement whether or not proof of funds is sufficient evidence in an applicant's case.

Good luck to all PhD stream applicants!

 

[chenying3612]

Hi All,

A quick question. I'd like to use my 2 year part-time RA experiences as one year continuous one year experiences. However there is one month vacation that I returned to my home country. Does that matter?

Thanks.

 

[N_O]

Thanks for kind words, N_O.

No, just the appointment letter would not be sufficient. In the operations manual (see here: http://www.cic.gc.ca/english/resources/manuals/op/op06a-eng.pdf on page 31-32, Section 10.1 under "Exception" and under "Note") the CIC officers are directly instructed not to exercise their discretion (so-called "substitute evaluation") in waiving the proof of funds requirement. Therefore, unless applicant submits proof of funds showing the adequate amount of settlement funds into their account the CIC officer has no choice but reject the application. The only alternative is to have an indeterminate job offer and ARRANGED employment LMO, but AT THE TIME OF APPLICATION!

You're welcome!

Yah! That is so bad for many applicants, who got a job offer after they submitted their applications, I can not understand why don't they waive the settlement fund although the applicant will have more than the required fund though!

 

[GeoCanadian]

You're welcome!

Yah! That is so bad for many applicants, who got a job offer after they submitted their applications, I can not understand why don't they waive the settlement fund although the applicant will have more than the required fund though!

Agree - makes absolutely no sense. Yet, that is what the lawyers call "statutory limitation" - meaning that the law (in this case "Immigration and Refugee Act of Canada") has some limiting statue/wording that prevents discretionary application of the legal requirement leaving only option of enforcing the law verbatim.

 

[mkrp21]

Hi All,

A quick question. I'd like to use my 2 year part-time RA experiences as one year continuous one year experiences. However there is one month vacation that I returned to my home country. Does that matter?

Thanks.

It is ok as long as in the letter of employment NO GAP is shown.

 

[GeoCanadian]

Hi All,

A quick question. I'd like to use my 2 year part-time RA experiences as one year continuous one year experiences. However there is one month vacation that I returned to my home country. Does that matter?

Thanks.

Hi,

You must count the hours worked. You should have 30hoursX52 weeks= 1560 total hours of work performed as statistics Canada classifies work full time if you work at least 30 hours per week (see http://www.statcan.gc.ca/concepts/definitions/labour-travail-class03b-eng.htm ).

 

[GeoCanadian]

Hi,

You must count the hours worked. You should have 30hoursX52 weeks= 1560 total hours of work performed as statistics Canada classifies work full time if you work at least 30 hours per week (see http://www.statcan.gc.ca/concepts/definitions/labour-travail-class03b-eng.htm ).

SORRY!!! I was wrong quoting statistics Canada. CIC has their own definition of full time work, which is 37.5 hours per week. Hence, your reference letters should amount to the total of 37.5X52=1950 hours (equivalent to one year full time work). Apologies once again.

 

[mkrp21]

SORRY!!! I was wrong quoting statistics Canada. CIC has their own definition of full time work, which is 37.5 hours per week. Hence, your reference letters should amount to the total of 37.5X52=1950 hours (equivalent to one year full time work). Apologies once again.

Yes, 1950 hrs of continuous work experience. You can have leave but in your emploment letter you should have continuous work exp. without a gap.

 

[asbereth]

Anyway, it is 30 hours per week now (if you apply after May 4th), so you only need a continuous 1,560 hours within the last 10 years.

http://www.cic.gc.ca/english/immigrate/skilled/factor-experience.asp

You can get points for the number of years you have spent in full-time paid work (at least 30 hours per week, or an equal amount of part-time).

It is important to note, though, that you can now also only can count up to 30 hours per week, and any hours over 30 for any given week would be truncated. For example, if you work 40 hours on week A, and 10 hours on week B, then your total hours (week A + week B) would be 30 + 10, NOT 40 + 10.

So you can NOT say that you have 1,560 hours after working 40 hours per week for only 39 weeks. You need to complete the 52 weeks no matter what, even if you work 100 hours per week continuously.

 

[chenying3612]

Thank GeoCanadian and mkrp21 for your quick replies.

Another two quick questions.

1. Usually, how long will it take (how many months after the application) when CIC requests proof of fund?

2. My wife has $16,000 saving in her account (a Chinese bank), which has been saved for more than 2 years. Is it OK to use this money as the proof of fund?

Thanks.

 

[NeverGiveUp]

Anyway, it is 30 hours per week now (if you apply after May 4th), so you only need a continuous 1,560 hours within the last 10 years.

http://www.cic.gc.ca/english/immigrate/skilled/factor-experience.asp

It is important to note, though, that you can now also only can count up to 30 hours per week, and any hours over 30 for any given week would be truncated. For example, if you work 40 hours on week A, and 10 hours on week B, then your total hours (week A + week B) would be 30 + 10, NOT 40 + 10.

So you can NOT say that you have 1,560 hours after working 40 hours per week for only 39 weeks. You need to complete the 52 weeks no matter what, even if you work 100 hours per week continuously.

Thanks, very useful information.

 

[mkrp21]

Thank GeoCanadian and mkrp21 for your quick replies.

Another two quick questions.

1. Usually, how long will it take (how many months after the application) when CIC requests proof of fund?

2. My wife has $16,000 saving in her account (a Chinese bank), which has been saved for more than 2 years. Is it OK to use this money as the proof of fund?

Thanks.

You can check the excel sheet for waiting time information. Now they ask for POF within few months of application submission.
https://docs.google.com/spreadsheet/ccc?key=0Ag-ASbHOIF93dDlLNjAtR1k4eGNtZ0xhSzkzYnBrVmc#gid=0

I know that if money is the principal applicant's account, it is OK. I am not sure if it is in your wife account. I know many people in this forum applied with wife, probably they can suggest better.

 

[chenying3612]

You can check the excel sheet for waiting time information. Now they ask for POF within few months of application submission.
https://docs.google.com/spreadsheet/ccc?key=0Ag-ASbHOIF93dDlLNjAtR1k4eGNtZ0xhSzkzYnBrVmc#gid=0

I know that if money is the principal applicant's account, it is OK. I am not sure if it is in your wife account. I know many people in this forum applied with wife, probably they can suggest better.

Thank you.

 

[wintercolder]

I just got some general questions when filling in "Generic Application Form for Canada IMM 0008".
(1) question 4 of application details: Immigration office requested for processing this application.
which office should I put there, if I am living in Edmonton now.
(2) question 7: have you received your certificat?
Should I also leave it blank?
(3)question 10 of personal detail: current country of residence.
The country is Canada, the status is Student, From data is when I landed, but what should I fill for the To data?
Anyone could help to answer my questions? Thanks very much!