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

[Kozmoj]

Okk.. assuming that you are right; then why did whymee get a rejection even though he worked the hours as you just said...!

I think we should wait for CIC to answer whymee instead of debating too much on this. Ultimately, they are the ones who wrote the rules...

Yes, we would better wait and see what they explain about that.

 

[Aussieaussie!]

You're right, my gross exaggeration turned out a little inaccurate. But I think your guess may be spot on, that none of the hours over 30 got counted, and therefore, the net number of hours did not meet the minimum hours required for full time equivalency.

So I guess that's the opposite for full time workers? If we get under 30 hours a week apparently it won't get counted?

Is there any proof saying it won't get counted if it's under 30 hours a week or part time work over 30 hours a week won't be counted in the manual besides Whymeee's rejection decision?

 

[broiler]

Ok this was an unfair error. Converted to weeks whymeee exceeds the 52 weeks rule, just reapply since this is the officers fault in this case. Maybe can't do basic math and was lazy though 1 week is suspiciously short for a full response, actually the shortest response I have seen with cec ever...

 

[jes_ON]

So I guess that's the opposite for full time workers? If we get under 30 hours a week apparently it won't get counted?

No, that is not what I am saying, anyway. If you work part-time (fewer than 30 hours per week), it is then up to you to calculate the "full-time equivalent" - example, you work 20 hours per week. So instead of working for 1 year/52 weeks (at "30 or more" hours per week), you have to work 78 weeks to meet the 1 year requirement. Obviously if your hours vary from week to week, it's more complicated.

Here's what you cannot count - hours that exceed 30 per week - if you work 40 hours, you can't include the extra 10 hours in a "total" hours. So - You cannot work 40 hours per week and say that you've met the full-time requirement after 39 weeks.

What Whymee did was average all his hours - full and part-time - which would the be same as counting that extra 10 hours. We don't know the reason for the refusal, but that could have been it.

 

[jes_ON]

I guess you missed my previous post. How can I appeal? Or is sending an email enough?

Yes, you can email and ask them to reconsider, and explain the error that you think was made. If nothing else, this SHOULD result in an explanation, but I can't tell you how quickly they will respond. I think you've already requested the GCMS notes, which is good.

 

[pmpm]

How would they know the weeks I worked less than 30 hours though? That's my question. They don't have access to my employers database to go into such detail.

I thought you had sent pay stubs, I could have misread...

 

[whymeee]

What Whymee did was average all his hours - full and part-time - which would the be same as counting that extra 10 hours. We don't know the reason for the refusal, but that could have been it.

Lets assume that was the case for the time being, while I'm waiting for GCMS notes and a response from Sydney. How can I calculate my eligible hours? And as I've said before, I didn't send them my every single pay stub. Just a couple, which if you add up have enough hours.

 

[from_mumbai]

Lets assume that was the case for the time being, while I'm waiting for GCMS notes and a response from Sydney. How can I calculate my eligible hours? And as I've said before, I didn't send them my every single pay stub. Just a couple, which if you add up have enough hours.

jes_ON has a point!!

whymeee,

even though u gave them a couple of paystubs with enough hours, they will definitely have a doubt in your case.
you simply have to count the paystubs with 30 or more hours/week. with all those, you have to makeup for 52 weeks.

If one paycheck has hours less than 30, you can complete the requirement by adding adding the hours from another paycheck with less than 30 hrs/week. But note that you cannot add the hours from the week you worked more than 30..

 

[pmpm]

Lets assume that was the case for the time being, while I'm waiting for GCMS notes and a response from Sydney. How can I calculate my eligible hours? And as I've said before, I didn't send them my every single pay stub. Just a couple, which if you add up have enough hours.

In my understanding (and repeat my understanding from the above discussion and new rules in manual)
1. You take all weeks with 30 or >30 hours as such (can't use any hours above 30 for that particular week to compensate other week)= X
2. Count all weeks with <30 hours and sum up = Y

now see if X+Y makes to 12 or more than 12 months. I would start with this.

 

[whymeee]

Mystery solved, folks? Next time around I'm going to send them every. single. pay stub. I'm also going to include a letter with ME adding up the hours from those same pay stubs, while being careful not to count any bi-weekly experience that's more than 30 hours. Or would that just come off as pretentious? And should I count half hours of experience? As in, if my pay stub lists 50.50 hours for a 2 week period, should I count only 50 or can I also include that extra half an hour?

Another thing.. I'm still waiting for a response on my work permit application. Now, can I still use the experience I gained while on implied status IF my work permit gets denied?

 

[jes_ON]

Mystery solved, folks? Next time around I'm going to send them every. single. pay stub. I'm also going to include a letter with ME adding up the hours from those same pay stubs, while being careful not to count bi-weeks where I worked more than 30 hours. Or would that just come off as pretentious?

Now, can I still use the experience I gained while on implied status IF my work permit gets denied?

It's definitely more work for people who are paid hourly, and those whose hours vary. The lesson is, keep very good records Pay stubs are not required, so the fact that you submitted some but not all should not have mattered (given that you submitted your other documents). And yes, it's possible for "too much information" to get you into trouble just as easily as too little

Yes, you can use your experience on implied status because it is authorized. Anyway, I would wait for a response to your inquiry, it's still possible it was an error or we're missing something.

 

[jsm0085]

omag... Information overload!

Jen_ON is correct.

I'm really sorry to hear about your rejection, let us know how you get on. It may be worth sending the e-mail to Ottawa as well - just incase ! For all other 2013 apps, the fact applications are being looked at this quickly is great news.

 

[noc4012]

This is confusing but according to this document (section 6.4) the calculation is based on 37.5 hours if it's to be made up by part-time job

cic.gc.ca/english/resources/manuals/op/op25-eng.pdf

they also mention the 1950 hrs in total but the exception is that if you work for 30 hrs/week for one full year they still count that as full-time so the best thing for you is to keep working at least 30 hrs/week until you complete 12 months

 

[jsm0085]

This is confusing but according to this document (section 6.4) the calculation is based on 37.5 hours if it's to be made up by part-time job

cic.gc.ca/english/resources/manuals/op/op25-eng.pdf

they also mention the 1950 hrs in total but the exception is that if you work for 30 hrs/week for one full year they still count that as full-time so the best thing for you is to keep working at least 30 hrs/week until you complete 12 months

Have you read anything that has been said on this threat? The link you have provided is for the OLD manual... Pre 02 Jan 2013... You need to look at OP25A.

 

[Lovenpeace]

hey guys check out this thread regards to overtime work.

http://www.canadavisa.com/canada-immigration-discussion-board/can-overtime-counted-in-cec-application-please-help-t112078.0.html;msg1621351#msg1621351