Received AOR on 3rd of April; application got denied exactly a week later

[whymeee]

Yup, that happened. I don't know what to do at this point.. I've built a life here over the past three years and now I'll have to leave it all behind?



I am not satisfied that you meet the requirement(s) because You have not provided sufficient evidence of at least 12 months of work experience in Canada in occupation(s) at Skill Type O, or Skill Level A or B of the National Occupational Classification (NOC) within the 36 months preceding the date of your application. Work experience with COMPANYNAME from 21 Dec 2011 to 19 Feb 2013 is for a period less than 12 months (28.21 hours per week).

Is my math way off? Requirement is having worked full time (or equivalent) for at least a year. That means.. 30 hours times 52 weeks = 1560 hour requirement.

21st Dec, 2011 - 19th Feb, 2013 is about 426 days. 426 days or 60.8 weeks. 60.8 weeks times 28.21 is 1694 hours. What's the problem here? My pay stubs say the same thing, yet I still got denied.

Are they going to return the application package or is it their property now?


Any suggestions for me?

 

[chia_88]

Yup, that happened. I don't know what to do at this point.. I've built a life here over the past three years and now I'll have to leave it all behind?



I am not satisfied that you meet the requirement(s) because You have not provided sufficient evidence of at least 12 months of work experience in Canada in occupation(s) at Skill Type O, or Skill Level A or B of the National Occupational Classification (NOC) within the 36 months preceding the date of your application. Work experience with COMPANYNAME from 21 Dec 2011 to 19 Feb 2013 is for a period less than 12 months (28.21 hours per week).

Is my math way off? Requirement is having worked full time (or equivalent) for at least a year. That means.. 30 hours times 52 weeks = 1560 hour requirement.

21st Dec, 2011 - 19th Feb, 2013 is about 426 days. 426 days or 60.8 weeks. 60.8 weeks times 28.21 is 1694 hours. What's the problem here? My pay stubs say the same thing, yet I still got denied.

Are they going to return the application package or is it their property now?


Any suggestions for me?

Really sorry to hear that. My guess is that the "28.21" hours does not meet the requirement.
Somone please correct me if I am wrong, but I believe 30 hours per week is the minimum.

 

[zardoz]

I seem to remember that they calculate a week as 37.5 hours, not 30.

 

[whymeee]

I seem to remember that they calculate a week as 37.5 hours, not 30.

They changed that back in January.

 

[chia_88]

I seem to remember that they calculate a week as 37.5 hours, not 30.

Oh I see. Thanks for clarifying.

Well there you go then, 28.21 simply isnt enough unfortunately, as this is considered part time.

 

[chia_88]

They changed that back in January.

The next option is to see if an employer will get you an LMO.
OR, as UK nationals we can apply for an IEC Visa.

 

[whymeee]

Oh I see. Thanks for clarifying.

Well there you go then, 28.21 simply isnt enough unfortunately, as this is considered part time.

That's the thing though. It states - or equivalent part time experience. Hence why I did all that amazing Einstein level math, to show you guys where my frustration is coming from.

 

[yahoo7]

Yup, that happened. I don't know what to do at this point.. I've built a life here over the past three years and now I'll have to leave it all behind?



I am not satisfied that you meet the requirement(s) because You have not provided sufficient evidence of at least 12 months of work experience in Canada in occupation(s) at Skill Type O, or Skill Level A or B of the National Occupational Classification (NOC) within the 36 months preceding the date of your application. Work experience with COMPANYNAME from 21 Dec 2011 to 19 Feb 2013 is for a period less than 12 months (28.21 hours per week).

Is my math way off? Requirement is having worked full time (or equivalent) for at least a year. That means.. 30 hours times 52 weeks = 1560 hour requirement.

21st Dec, 2011 - 19th Feb, 2013 is about 426 days. 426 days or 60.8 weeks. 60.8 weeks times 28.21 is 1694 hours. What's the problem here? My pay stubs say the same thing, yet I still got denied.

Are they going to return the application package or is it their property now?


Any suggestions for me?

This is superfast decision on the application...did you actually got a rejection email from CIC? If yes, can you paste the content of the email in this forum please..

 

[chia_88]

That's the thing though. It states - or equivalent part time experience. Hence why I did all that amazing Einstein level math, to show you guys where my frustration is coming from.

Get a second opion from a Immigration lawyer.
Maybe it was a mistake. Its definately worth the $150 to sit down with a lawyer for an hour to get more info.
Also call the CIC call centre for an opinion on the matter.

 

[jake21]

Yup, that happened. I don't know what to do at this point.. I've built a life here over the past three years and now I'll have to leave it all behind?



I am not satisfied that you meet the requirement(s) because You have not provided sufficient evidence of at least 12 months of work experience in Canada in occupation(s) at Skill Type O, or Skill Level A or B of the National Occupational Classification (NOC) within the 36 months preceding the date of your application. Work experience with COMPANYNAME from 21 Dec 2011 to 19 Feb 2013 is for a period less than 12 months (28.21 hours per week).

Is my math way off? Requirement is having worked full time (or equivalent) for at least a year. That means.. 30 hours times 52 weeks = 1560 hour requirement.

21st Dec, 2011 - 19th Feb, 2013 is about 426 days. 426 days or 60.8 weeks. 60.8 weeks times 28.21 is 1694 hours. What's the problem here? My pay stubs say the same thing, yet I still got denied.

Are they going to return the application package or is it their property now?


Any suggestions for me?

Whymeee,
I am so sorry to hear that.

But, I just looked up all the information and it clearly states that under CEC you require at least 37.5 hours per week or 1950 hours of paid work over a period of 12 months will also be considered.

 

[yahoo7]

Get a second opion from a Immigration lawyer.
Maybe it was a mistake. Its definately worth the $150 to sit down with a lawyer for an hour to get more info.
Also call the CIC call centre for an opinion on the matter.

chia_88, can you please pass on the attorney details?

 

[chia_88]

chia_88, can you please pass on the attorney details?

I no longer have contact details unfortunately, as I decided not to use a lawyer for my own application.
But while I was considering the option, I did some calling around and most of them seem to have a consultation fee of around $150.
Hopefully they will answer your questions without charging much more.

 

[whymeee]

Get a second opion from a Immigration lawyer.
Maybe it was a mistake. Its definately worth the $150 to sit down with a lawyer for an hour to get more info.
Also call the CIC call centre for an opinion on the matter.

What if it was indeed a mistake? I can't really dispute that, can I?

 

[zardoz]

I suspect that they have applied the new rules to your application retrospectively. You would have needed 1950 hours if that is the case. http://www.cic.gc.ca/english/resources/manuals/op/op25-eng.pdf

 

[whymeee]

Whymeee,
I am so sorry to hear that.

But, I just looked up all the information and it clearly states that under CEC you require at least 37.5 hours per week or 1950 hours of paid work over a period of 12 months will also be considered.

Where did you find that info?

cic.gc.ca/english/immigrate/cec/apply-who.asp clearly says You must have at least 12 months of full-time, or an equal amount in part-time, skilled work experience. Full-time work means at least 30 hours of paid work per week.