Feedback from a Friend's case

[JoacRy]

I don't understand this. Why would CIC award us 1 year CEC points right when the express entry pool candidate enters his 12th month.

I entered the pool on my 10th month and my points got automatically increased on the 12th month entry. I started my work on Dec3rd 2014 and received the ITA on Dec 4th 2015. That's just one day after the 365 period.

Interesting that you say this. I also received CRS points for 1 year of work in Canada before the '365 day' mark and had to reject a few ITA's. I'm well past that stage now but I always take the 'better safe than sorry' approach. Until CIC allow applicants to enter the start and finish work dates in the format 'dd/mm/yyyy' I guess this situation will keep happening.

 

[JoacRy]

This is shocking but important feedback.
Sorry to your friend but thanks for sharing.
Case specific ideas help a lot.
Lesson: NOTHING SHOULD BE TAKING FOR GRANTED!

This is exactly why I posted it here. If it helps at least 1 person then I achieved my goal.

 

[vd1234]

The interesting thing is that CIC does a week calculation when calculating work experience. This from CIC's own terms and definitions page for permanent residence. This page was updated 09/15/2015.

Calculating work experience for CEC:

Work experience can be calculated by adding up the number of weeks of full-time (or equivalent) paid work, for example:

30 hours/37.5 hours per week in one job, or a total of at least 30 hours/37.5 hours per week in more than one job) in one or more skilled occupations at:
Skill Type 0 (Managerial occupations);
Skill Level A (Professional occupations); or
Skill Level B (Technical occupations and skilled trades) of the NOC.
Work experience must be acquired over a period of at least one year; work in excess of 30 hours/37.5 hours per week over a shorter period cannot compensate for any shorter overall period of experience.

Calculating work experience for FSW:

Work experience can be calculated by:

adding up the number of continuous weeks of full-time (or equivalent in part-time) paid work (i.e., 30 hours/37.5 hours per week in one full-time job, a combined total of at least 30 hours/37.5 hours per week in more than one part-time job,
15 hours per week in one part-time job over a period of two years, etc) in one or more skilled occupations at Skill Type 0 (Managerial occupations), Skill Level A (Professional occupations) or B (Technical occupations and skilled trades) of NOC 2011.
Note: Work in excess of 30 hours/37.5 hours of paid work over a period of one week cannot compensate for less than one year of full-time work experience.

Since we're dealing with matters related to Immigration law, it doesn't seem CIC is doing a "days" calculation but rather a "weeks" calculation. Any thoughts ?? I know we've been harping around the bush on this topic, but specifics are specifics. Weeks here instead of days...

 

[JoacRy]

Can you please attach the link?

I could be wrong but what I think the VO is doing is looking at the reference letter and using a 'Days Between' calculator to calculate the number of days. If it is less than 365 I guess people are getting Rejection Notices.

Notice also it says "Work experience can be calculated as...". This is very different from "Work Experience will be calculated as...".

 

[vd1234]

The difference between "can" and 'will". Can't say. Well, the legal definition on the CIC site mentions weeks as can be clearly seen. If the VO is doing a date calculator between the dates, what if that person's 365th and 364th day happen to have been a Saturday and Sunday and their job ended that Friday. Essentially, they worked "363" days and hence are not eligible as per that VO. This whole idea just seems so inordinate.

How do I attach the link here ? This forum isn't allowing me too.

Here if this helps you get to the page:

Google "12 months work experience Canada" and then click the second link "Terms and definitions related to permanent residence". You'll need to scroll down where it says "Calculating Work Experience for CEC/FSW"

 

[JoacRy]

The difference between "can" and 'will". Can't say. Well, the legal definition on the CIC site mentions weeks as can be clearly seen. If the VO is doing a date calculator between the dates, what if that person's 365th and 364th day happen to have been a Saturday and Sunday and their job ended that Friday. Essentially, they worked "363" days and hence are not eligible as per that VO. This whole idea just seems so inordinate.

How do I attach the link here ? This forum isn't allowing me too.

I agree. Maybe the only way to be 100% sure is to ensure work is longer than 365 days. This way there is no grey area.

To paste the link copy it and paste into dialog box. Then highlight and make sure it has no hyperlink.

 

[vd1234]

@ JoacRy: I modified my previous post, so you can see the page

 

[Eucalyptus]

I allowed about a month to go by past my eligibility mark before I created my profile. It really isn't hard; just sign up when you actually qualify. Jeopardising your ITA due to something so simple is not worth it.

 

[edapras]

Now this is confusing. I joined work on Dec3rd 2014 and got my ITA on Dec4th 2015. What would be status now. I have completed 1 year work experience working 40 hours per week on or before Dec3rd 2015. Is my ITA valid?

30 hours/week for 12 months = 1 year full time (1,560 hours)

This was given in the eligibility section at CIC. I have worked 40 hours per week. Should we cover 1560 hours or 12 months?

40 hours per week for a whole year comes to 2080 hours. I can achieve 1560 hours in less than 12 months in that case.

 

[JoacRy]

@edapras, The way it works is you complete 1,560 hrs by working the following:

(52 weeks * 30 hrs) - Note: Working more than 30 hrs per week is still deemed as 30 hrs per week

By my reasoning your ITA is valid as you completed 1 year of service because you said you worked from:

Dec 3, 2014 - Dec 3, 2015 - 1 year

You received and accepted an ITA on Dec 4, 2015. Hence your ITA is valid.

In response to your other questions, no you cannot achieve CIC's target of 1,560 hrs by working for less than 1 year because as I said if you work more than 30 hrs per week, CIC still credits you for only working 30 hrs per week.

 

[edapras]

@edapras, The way it works is you complete 1,560 hrs by working the following:

(52 weeks * 30 hrs) - Note: Working more than 30 hrs per week is still deemed as 30 hrs per week

By my reasoning your ITA is valid as you completed 1 year of service because you said you worked from:

Dec 3, 2014 - Dec 3, 2015 - 1 year

You received and accepted an ITA on Dec 4, 2015. Hence your ITA is valid.

In response to your other questions, no you cannot achieve CIC's target of 1,560 hrs by working for less than 1 year because as I said if you work more than 30 hrs per week, CIC still credits you for only working 30 hrs per week.

Thanks a ton ! Quite clear ! I am going to submit my documents tomorrow and i landed in this page and it bombarded me. All clear now !

 

[vd1234]

@ JoacRy: Just had a quick question on this case. You mentioned "she started work on 6 Dec 2014" in one of your posts. 6 Dec 2014 happens to be a Saturday. She started work on a weekend ? Please do correct me if I'm mistaken.

 

[JoacRy]

@vd1234, yes that's right. I double checked this with her myself. In her line of work, working on the weekend is not uncommon.

 

[bhavin_business]

I have a similar case, I have applied in 15th January, but my 365 days complete on 19th January.

Now I am worried, is there anything I can do before they reject me?

 

[JoacRy]

@bhavin_business, the way I see it you have 2 options:

1) Wait and see if you get a lenient case processing officer, or

2) Try what my friend tried and open a Case Specific Enquiry and upload your pay slips to show you clearly were working after you submitted your documents. It didn't work for my friend though but I can't think of what else could work.

Wait for others to reply. Someone might think of a different suggestion.