Overtime - application rejected

[ondine]

In that span of 2years, did you go for vacation? Because if you did, they will deduct it from your monthly hours thus making your application insufficient in terms of working hours.

Actually, I believe this is correct only for unpaid vacation time. Paid vacation does count as employment and is not deducted from total hours worked.

 

[jsm0085]

Actually, I believe this is correct only for unpaid vacation time. Paid vacation does count as employment and is not deducted from total hours worked.

Correct.

 

[caissaca]

Do you guys know since when the regulation has been effective for the "30 hrs/week and 12 months per year" rule?

 

[from_mumbai]

Do you guys know since when the regulation has been effective for the "30 hrs/week and 12 months per year" rule?

Since Jan 2, 2013

 

[jsm0085]

Since Jan 2, 2013

But this doesn't impact applications submitted BEFORE 02 Jan 2013. The 30 hours PW / 12 months only impact applications submitted after this date.

 

[from_mumbai]

But this doesn't impact applications submitted BEFORE 02 Jan 2013. The 30 hours PW / 12 months only impact applications submitted after this date.

Agreed

 

[GinnyPi]

Yes - at least 37.5 hours of work per week is what was deemed to be FT last year. Just as this year that definition has changed and is now 30 hours or more per week.

All you are doing is giving the definition of what CIC see as being FT, that definition doesn't include what the eligibility requirements were for CEC last year! PGWP required 12 months of FT work experience and work permit holders required 24 months. The applicant may not have read it, but it was there and it was clear.

Refer to OP25 - http://www.cic.gc.ca/english/resources/manuals/op/op25-eng.pdf - this contains the eligibility criteria for last year - which was also available on the CIC website before it was updated.

I sympothise but it was his fault, not CEC or anyone else. The best and most effective thing he can do is just reapply... A lawyer isn't going to help his pervious application.

My conscience will not let me stay away. jsm0085 it's clear that you don't fully understand the subject under discussion.
The link I posted was a link to the actual LAW as it relates to the Canadian Experience Class. Moreover. I quoted the version of the law that was current as at when the OP submitted his application. So it most definitely includes the CEC eligibility requirements that apply to his application. The OPs are based on the Act and Regulations. A lawyer will most certainly help since it appears that the processing officer made an error.

To be certain, I went back and searched the entire IRPA and IRPR for the term "overtime.". It only appears in R113, which is relevant to applicants for permanent residence under the Live in Caregiver class. Here is what is says in section 113.2:

(a) the periods of two years and 3,900 hours may be in respect of more than one employer or household, but may not be in respect of more than one employer or household at a time; and
(b) the 3,900 hours are not to include more than 390 hours of overtime.


This leads to me to believe that the officer most likely misapplied this rule. This clause does not appear in regulation 87.1, which is for CEC, meaning that minister has chosen not to have this restriction in CEC applicants.

To the OP, please consult a lawyer, or at the very least email CIC to say that the regulations do not refer to a restriction on overtime hours for CEC applicants, and this leads you to believe that an error has been made in your application. You met the two requirements that do apply to you: at least 2 years, and at least 3900 hours.

 

[jsm0085]

My conscience will not let me stay away. jsm0085 it's clear that you don't fully understand the subject under discussion.
The link I posted was a link to the actual LAW as it relates to the Canadian Experience Class. Moreover. I quoted the version of the law that was current as at when the OP submitted his application. So it most definitely includes the CEC eligibility requirements that apply to his application. The OPs are based on the Act and Regulations. A lawyer will most certainly help since it appears that the processing officer made an error.

To be certain, I went back and searched the entire IRPA and IRPR for the term "overtime.". It only appears in R113, which is relevant to applicants for permanent residence under the Live in Caregiver class. Here is what is says in section 113.2:

(a) the periods of two years and 3,900 hours may be in respect of more than one employer or household, but may not be in respect of more than one employer or household at a time; and
(b) the 3,900 hours are not to include more than 390 hours of overtime.


This leads to me to believe that the officer most likely misapplied this rule. This clause does not appear in regulation 87.1, which is for CEC, meaning that minister has chosen not to have this restriction in CEC applicants.

To the OP, please consult a lawyer, or at the very least email CIC to say that the regulations do not refer to a restriction on overtime hours for CEC applicants, and this leads you to believe that an error has been made in your application. You met the two requirements that do apply to you: at least 2 years, and at least 3900 hours.

This isn't the live in care giver form, it's CEC. Are you aware of something I am not? To the best of my knowledge, the application in question is CEC, not live in care giver?
Things you should consider before commenting: -

- Pre 2013 CEC apps required 24 months FT skilled work experience (FT being 37.5 hours)
- The MOST hours he could work and claim in any given week would be 37.5
- Without overtime he worked less, with overtime he obviously worked more, however we don't know how many hours he worked per week, let's say for 4 weeks he was trying to claim 60 hours, it would be capped at 37.5 thus the extra hours would not be valid.
- As we don't have exact details we can't give an exact answer, we just have rough dates and basic information on the hours worked.

I appreciate that you may be trying to help but try to have a little more substance before following your "conscience". You don't seem to be overly knowledge about what is actually being discussed and I assume that is why you are pointing out "legislation" that isn't related nor valid to the topic at hand. CIC aren't stupid, chances are the applicant has tried to claim hours that he cannot claim.

If he wants to try a lawyer go for it, but it's unlikely under these circumstances to benefit him.

 

[nicole1006]

I totally dont get the post here!!!!! can anyone help me understand it better??

 

[GinnyPi]

My responses are in purple below.

This isn't the live in care giver form, it's CEC. Are you aware of something I am not? To the best of my knowledge, the application in question is CEC, not live in care giver? My point exactly. The no overtime/ maximum overtime rule applies only to those in the LIC class.
Things you should consider before commenting: -

- Pre 2013 CEC apps required 24 months FT skilled work experience (FT being 37.5 hours) Wrong. It was 24 months full-time, or the part-time equivalent of 24 months of full-time, which would be at least 3900 hours.
- The MOST hours he could work and claim in any given week would be 37.5 Wrong. It is at least 37.5 hours, as I have quoted already.
- Without overtime he worked less, with overtime he obviously worked more, however we don't know how many hours he worked per week, let's say for 4 weeks he was trying to claim 60 hours, it would be capped at 37.5 thus the extra hours would not be valid.
- As we don't have exact details we can't give an exact answer, we just have rough dates and basic information on the hours worked. True, but he says he worked over 24 months, and over 3900.

I appreciate that you may be trying to help but try to have a little more substance before following your "conscience". You don't seem to be overly knowledge about what is actually being discussed and I assume that is why you are pointing out "legislation" that isn't related nor valid to the topic at hand. Wrong. The Immigration and Refugee Protection Act and Regulations are very relevant and valid in a discussion about immigration. CIC aren't stupid, but they are human, and humans make mistakes as we have seen in this forum chances are the applicant has tried to claim hours that he cannot claim.

If he wants to try a lawyer go for it, but it's unlikely under these circumstances to benefit him. Wrong again. Cheers.

 

[GinnyPi]

I totally dont get the post here!!!!! can anyone help me understand it better??

LOL! Which part?

 

[jsm0085]

My responses are in purple below.

You are wrong. The maximum hours that can be claimed for any given week for pre 2013 CEC is 37.5.

Me saying 37.5 ft isn't wrong. Yes pt work can be counted but the extra time needs to be made up, and the max that can be claimed for one week is 37.5 hours.

You haven't answered why you are talking about LIC applicants, even though I asked. So why you think quotes relating to that are valid I do not know.

 

[GinnyPi]

You are wrong. The maximum hours that can be claimed for any given week for pre 2013 CEC is 37.5.

Me saying 37.5 ft isn't wrong. Yes pt work can be counted but the extra time needs to be made up, and the max that can be claimed for one week is 37.5 hours.

You haven't answered why you are talking about LIC applicants, even though I asked. So why you think quotes relating to that are valid I do not know.

If you read my posts, you would understand my quotes, and my points. Could you please quote the law, OB, or OP, or any other authority that refers to a maximum number of hours for CEC applicants as of June 2012? Please and thank you.

 

[bold9k]

CIC rejects really on absurd and ridiculous reasons. I think the officers need every specific reason to reject your application, its like they don't realize that peoples lives/careers depend on permanent residency. Mine got rejected because apparently I wasn't a full time student for two years even though I went to university for four years and had a letter from the registrars office stating i was full time. Anyways I applied again and unfortunately the fees is non-refundable as well.

 

[Winterfox]

Guys guys .. we all know whats going on currently with regards to TFW and Canadian jobless.
So the officers are being very very tight lipped and rejecting application and trying to curb down PR for CEC applicants etc. If they wanted they cudve easily taken into consideration the 1 year rule for people who applied last year, but they r not even making an effort to use that rule or keep the applicant on hold and ask him to send fresh apps. They r outright rejecting the applicant. So what do we make of this situation???? Its plain to see that CIC is looking for opportunities to reject peeps who make even a minute error in application... In short they r trying their best to limit TFWs from coming in.
So pls reapply again under the new rule.