Applying for CEC with 22 months experience?

[AB81]

Hi,

I have been living in Canada since June 2008, and working since July 2008. Due to an error in my extended visa application, I had to stop working for 2 months-but I was still employed. Once my visa was sorted out I was able to start work again immediately.
My employer cannot help me get an LMO this time, and my visa expires very soon.
As as result of this error I will only have 22 months skilled work experience instead of 24.
Does anyone know if I could still apply if I explain what happened?

Any ideas are much appreciated!

Thanks

 

[Essat]

Hi - Were you paid while you were not working? Probably not. Was the error made you or CIC? Did you have temporary status during those two months? Because from your post, it looks like your 2 months stoppage was related to the error in the visa extension. You also don't say when your permit expires but I would wait to have 24 months before applying to avoid possible refusal by CIC. You can try and explain your case but it is not always a guarantee that CIC will listen to you!

Essat

 

[AB81]

Hi Essat,

Thanks for your reply.
The error was made by my employer's HR department, and I was not paid during that time. I had implied status whilst waiting for my visa. My permit expires June 30th 2010. At this point there is no way I can gain those extra 2 months work I need-otherwise I would absolutely wait until I had 24 months.
Do you think there is any point in applying?

Thanks

 

[Leon]

I think you have a shot at it if you have enough hours, especially because you were off in the middle of your working period and not at the end or beginning. It's almost like if you had taken an unpaid vacation. You can call CIC to talk about it or just try to apply but you need 3900 hours.

 

[AB81]

Thanks Leon, I will add up all my overtime and hope that I have enough to make the 3900 hours. When I called CIC they said I needed 2 years experience, no exceptions. I only found out about the 3900 hours option through this forum.

Thanks again

 

[Essat]

Note that you cannot have 3900 hours in less than 24 months and qualify for CEC. The first requirement is that you should have 24 months full-time experience (full-time is being defined as 37.5 hours of work per week). If you don't have these hours in the 24 months (either because you were working part-time or you did not have a job...), you can generate 3900 within 36 months and still qualify.

So you either need 24 months full-time or equivalent (3900 months in 24-36 months).
Essat

 

[AB81]

Thanks Essat. So it now looks like there is no way I can apply for CEC, would you agree?
Is there anything else I can do??

 

[AB81]

Just to clarify, I will have been living in Toronto for 24 months by the time my visa expires, but working for 22 months.
Can I apply with 3900 hours and having lived here for 24 months?

Thanks

 

[jes_ON]

Just gotta hate these bureaucratic trip-wires... I'd love to encourage you, but I don't think they will accept your 22 months..

Have you looked in to the PNP program? But if your employer isn't willing to do the LMO, would they be willing to complete the nomination?

 

[Essat]

Have you looked closely at the FSW category. You could qualify. Are you then leaving Canada when your permit expires next month?
Essat

 

[AB81]

hi guys,

i called CIC with my queries and they told me that for CEC you must have 24 months experience, and the hours worked has nothing to do with it. She told me the 3900 hours required is relevant only to the live in caregiver programme.
so now i am totally confused.
i have considered FSW category, but i was hoping for something to happen more quickly than 14-16 months as i was told. i'll now have to reconsider.
my employer won't consider any alternatives unfortunately-i guess its just easier to hire a canadian for them.

 

[AB81]

i am applying for a work permit anyway, without the LMO. this way i can get implied status for hopefully 6 more weeks, even though it will be rejected. i am hoping this will allow me to stay until mid-august

 

[jes_ON]

hi guys,

i called CIC with my queries and they told me that for CEC you must have 24 months experience, and the hours worked has nothing to do with it. She told me the 3900 hours required is relevant only to the live in caregiver programme.
so now i am totally confused.
i have considered FSW category, but i was hoping for something to happen more quickly than 14-16 months as i was told. i'll now have to reconsider.
my employer won't consider any alternatives unfortunately-i guess its just easier to hire a canadian for them.

You need 24 months. If it is not "full time", defined as 37.5 hours per week, then you need to calculate the extra time to meet the full time equivalent requirement, based on 3900 hours. In my case, my contract stated that I work a min. of 33.75 hours per week. So I needed to work 27 months to qualify. The CIC agent was wrong (not the first time), but you're missing the point. The first requirement is a minimum of 24 months.

 

[AB81]

hi jes_on
thanks for this information. so basically there would be no point in applying?
it is very frustrating because i would have 24 months if it hadn't been for an error in the application made for my LMO by my HR department. This is why I have only 22 months, even though i was still employed, I had to stop working for 2 months.
are there ever any exceptions? I really feel like I have nothing to lose by applying-my options are so limited now.
thank you

 

[jes_ON]

I can't imagine how frustrated you must feel, we all sympathize greatly. Out of curiosity, what was the error on the LMO application?

As for whether or not it's worth applying anyway... if losing the $550 application fee would not a problem for you, then ... it's up to you. I certainly can't know with any certainty what would happen, but ...

The FSW3 option IS still on the table. And, as difficult as it is, you could look for a new job and try to finish the employment requirement that way, even if you had to leave Canada for a while.