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

My lawyer informed me that he spoke to an immigration offical who explained that it has to be 52 weeks of 30 HRS a week. If you have a bi weekly pay stub, it must be over 60 HRS. I had to delay my application by 6 weeks to build more weeks of 30 hrs due to taking holiday etc over the year. So throughout a 14 month period, I had 4 weeks where I did not work at least 30 hrs and therefore I needed 4 more weeks before I could apply.

You cannot add up your hours and work out the average to be 30 hrs. This average is not what they are asking for. They want 52 30+ working weeks. If you work 35, those 5 hours do not roll over.

I submitted EVERY pay stub from the last 2 years!
 
kgkgkg said:
My lawyer informed me that he spoke to an immigration offical who explained that it has to be 52 weeks of 30 HRS a week. If you have a bi weekly pay stub, it must be over 60 HRS. I had to delay my application by 6 weeks to build more weeks of 30 hrs due to taking holiday etc over the year. So throughout a 14 month period, I had 4 weeks where I did not work at least 30 hrs and therefore I needed 4 more weeks before I could apply.

You cannot add up your hours and work out the average to be 30 hrs. This average is not what they are asking for. They want 52 30+ working weeks. If you work 35, those 5 hours do not roll over.

I submitted EVERY pay stub from the last 2 years!
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yes That is the correct week hours which cic required. 52 weeks of 30 HRS a week
 
So if I have only 46 weeks where I work 30 hours or more does that mean I would have to rack in another 6 weeks of 30+ hours to get the year requirement? The other weeks I had 30 hours or less was when there were no shifts to go around for everybody.

Does this mean the hours I worked less than 30 don't count? I was just about to send in my application this week but seeing this now has had given me second thoughts of sending in my application in too early...
 
kgkgkg said:
My lawyer informed me that he spoke to an immigration offical who explained that it has to be 52 weeks of 30 HRS a week. If you have a bi weekly pay stub, it must be over 60 HRS. I had to delay my application by 6 weeks to build more weeks of 30 hrs due to taking holiday etc over the year. So throughout a 14 month period, I had 4 weeks where I did not work at least 30 hrs and therefore I needed 4 more weeks before I could apply.

You cannot add up your hours and work out the average to be 30 hrs. This average is not what they are asking for. They want 52 30+ working weeks. If you work 35, those 5 hours do not roll over.

I submitted EVERY pay stub from the last 2 years!
Click to expand...

bi weekly payments and 60 hours per week is incorrect.
 
Bi-weekly paystub, as in getting paid every two weeks...thus 30 + 30, which is why they said 60. Its accurate. Didnt see 60/week anywhere.
 
kgkgkg said:
My lawyer informed me that he spoke to an immigration offical who explained that it has to be 52 weeks of 30 HRS a week. If you have a bi weekly pay stub, it must be over 60 HRS. I had to delay my application by 6 weeks to build more weeks of 30 hrs due to taking holiday etc over the year. So throughout a 14 month period, I had 4 weeks where I did not work at least 30 hrs and therefore I needed 4 more weeks before I could apply.

You cannot add up your hours and work out the average to be 30 hrs. This average is not what they are asking for. They want 52 30+ working weeks. If you work 35, those 5 hours do not roll over.

I submitted EVERY pay stub from the last 2 years!
Click to expand...

That's not how you calculate...

"The full-time work experience requirement for applicants in the CEC may be met by the
equivalent in part-time, paid work experience (e.g. more than one part-time job held
simultaneously or one or more part-time jobs held over the equivalent of at least one year
of full-time work)."

Looks like your lawyer ignored this word... Equivalency means that the weeks where you worked less than 30 hrs can still be counted with some other week combined such that you meet the 30 hrs requirement in total.
For example, if those four weeks have lets say 15 hrs each (60 total), then you can count them as equal to 2 weeks full-time. and you only need to work another 2 weeks for minimum 30 hrs/week.
if those four weeks have lets say 23 hrs each (92 total), then you can count them as equal to 3 weeks full-time. and you only need to work another 1 week for minimum 30 hrs.

Yes, you cannot addup the hours from the weeks in which you worked more than 30 hrs as those extra hours cannot be counted to calculate the equivalent full-time work.
 
I am in a short of words since reading this postings. I filled for CEC since August 2012 but now I am getting more worried. This is because I worked variable hours where my hours ranges sometimes 30, 45, 60,52, 70, 43, 20, 15, 25 etc. biweekly. I worked thru an agency and it was just on call duty. The whole thing was crazy but what I did was to calculate all my hours. I made more than 2000 hrs working for almost 2yrs. before applying and never threw away any single hours that I made. I also included all my paystubs with my Application. I have seen a member here that worked variable hours like myself and still got his PR without all these hassles. so if what I am reading is true, it means that I will not be approved. Well I suggests the OP found out the actual reasons why his PR got denied and share with us
 
ujbaby said:
I am in a short of words since reading this postings. I filled for CEC since August 2012 but now I am getting more worried. This is because I worked variable hours where my hours ranges sometimes 30, 45, 60,52, 70, 43, 20, 15, 25 etc. biweekly. I worked thru an agency and it was just on call duty. The whole thing was crazy but what I did was to calculate all my hours. I made more than 2000 hrs working for almost 2yrs. before applying and never threw away any single hours that I made. I also included all my paystubs with my Application. I have seen a member here that worked variable hours like myself and still got his PR without all these hassles. so if what I am reading is true, it means that I will not be approved. Well I suggests the OP found out the actual reasons why his PR got denied and share with us
Click to expand...

enter your data in the spreadsheet I just created... https://docs.google.com/spreadsheet/ccc?key=0AqGEZiex1xCVdFJWRi1jLUF0T2xSV0JhU3hGVVItc3c#gid=0
 
from_mumbai said:
oops... just realized that it wont work for your case. you applied last year..
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what's the difference ??? is it not the same way to calculate???
 
ujbaby said:
what's the difference ??? is it not the same way to calculate???
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no.. the rules changed on Jan 2, 2013.

Before. the requirement was 37.5 hrs.. let me have a deep look at the old rules and try to make up a spreadsheet for that
 
ujbaby said:
what's the difference ??? is it not the same way to calculate???
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In my opinion, you are good if you worked more than 1950 hrs.

Read Section 6.4 on page 9 of http://www.cic.gc.ca/english/resources/manuals/op/op25-eng.pdf

Its says,
For the Canadian Experience Class full-time equivalence, or 1,950 hours of paid
employment over a period at least of 12 months will also be considered.
 
CEC2013 said:
Bi-weekly paystub, as in getting paid every two weeks...thus 30 + 30, which is why they said 60. Its accurate. Didnt see 60/week anywhere.
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I'm perfectly aware of what bi weekly means but the idea that only those who have worked 60 hours or more over a two week period are eligible is nonsense.

It's clear from the eligibility criteria that the experience can be gained either through ft or part time experience.

Someone who works 30 hours or more per week over 52 weeks (inc paid holidays is eligible).

Someone who works part time, even with bi weekly pay, is still eligible - they just need to make up the difference in hours. The only issue I can see for these applicants is if they are trying to squeeze overtime exceeding 30 hours per week into a period of a few weeks which won't work, as they will be capped at 30 hours for any given week.
 
from_mumbai said:
In my opinion, you are good if you worked more than 1950 hrs.

Read Section 6.4 on page 9 of http://www.cic.gc.ca/english/resources/manuals/op/op25-eng.pdf

Its says,
For the Canadian Experience Class full-time equivalence, or 1,950 hours of paid
employment over a period at least of 12 months will also be considered.
Click to expand...

sounds good, so it is quite different from the new rule????
 
ujbaby said:
sounds good, so it is quite different from the new rule????
Click to expand...

In the new rule, you have to work 30 hrs/week or equivalent.
In the old rule, you had to work 37.5 hrs/week or equivalent.

In new rule, 12 months fulltime work is required.
In old rule, 12 months for student graduates and 24 months for foreign workers was required.

Apart from that, they have also changed some phrases related to calculation of equivalency.

For more details,
New rule: http://www.cic.gc.ca/english/resources/manuals/op/op25A-eng.pdf
Old rule: http://www.cic.gc.ca/english/resources/manuals/op/op25-eng.pdf
 
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