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procedural fairness letter from OINP for roles and responsibilties..pls help..

abhere

Full Member
May 2, 2015
32
1
HI Seniors,
My application is in DIP(decision in progress) on 4th May 2017 for HCP(Human capitals priorities stream) and today i received a procedural fairness letter regarding my roles and responsibilities letter mismatch.I had applied in NOC 1121.
Below is the update from fairness letter :
*****************************************************************************************************************************
your job duties as Assistant Manager-Business HR and Manager Business HR may not match the lead statement and a substantial number of the main duties under NOC 1121-Human resource professionals.
Please confirm the appropriate NOC to classify your duties in this role. Should you select a new NOC, please submit confirmation that you have updated your MyCIC profile accordingly (i.e. EE profile number if different, screenshot of the NOC selected, etc.) and supporting documentation that your job duties match the lead statement and main duties of the NOC Code you have chosen to be assessed against.
*****************************************************************************************************************************
Could you please tell me to whom should i mail my roles and responsibilities letter in CIC so that they can help me in providing the correct NOC as per my job.

Seniors need your help as they have given me only 30 days to reply otherwise they will reject my application.
 

Abul Aziz

Star Member
May 19, 2015
176
17
abhere said:
HI Seniors,
My application is in DIP(decision in progress) on 4th May 2017 for HCP(Human capitals priorities stream) and today i received a procedural fairness letter regarding my roles and responsibilities letter mismatch.I had applied in NOC 1121.
Below is the update from fairness letter :
*****************************************************************************************************************************
your job duties as Assistant Manager-Business HR and Manager Business HR may not match the lead statement and a substantial number of the main duties under NOC 1121-Human resource professionals.
Please confirm the appropriate NOC to classify your duties in this role. Should you select a new NOC, please submit confirmation that you have updated your MyCIC profile accordingly (i.e. EE profile number if different, screenshot of the NOC selected, etc.) and supporting documentation that your job duties match the lead statement and main duties of the NOC Code you have chosen to be assessed against.
*****************************************************************************************************************************
Could you please tell me to whom should i mail my roles and responsibilities letter in CIC so that they can help me in providing the correct NOC as per my job.

Seniors need your help as they have given me only 30 days to reply otherwise they will reject my application.
CIC will not help you in selecting NOC. You have to select appropriate NOC and inform CIC about the same. Ensure your current job roles matches to the job description mentioned in the NOC website.
 

Wonders

Full Member
Apr 29, 2017
35
1
Hi All,

I am a bit confused after reading the concern above.

Can some one please advise if one wants to change the NOC after getting ITA, is it possible?
Also, if it is possible, will it affect the processing of application and what all documents are needed to justify the Roles and Responsibilities as per NOC selected.

Looking for a prompt response.

Thanks in advance!
 

davobod

Star Member
Aug 18, 2017
70
38
Hi All,

I am a bit confused after reading the concern above.

Can some one please advise if one wants to change the NOC after getting ITA, is it possible?
Also, if it is possible, will it affect the processing of application and what all documents are needed to justify the Roles and Responsibilities as per NOC selected.

Looking for a prompt response.

Thanks in advance!
You do not need to be confused and can safely disregard the above post. The above post was concerning an application already submitted to Ontario Immigrant Nominee Program (OINP)...key issue being already submitted.

However from your question, it appears that you are yet to submit your application to IRCC. You have only been invited to apply.

Although for consistency it is not encouraged except you can't help it, technically, you can change your NOC at any point prior to submitting your eAPR (electronic application for permanent residence). You must however ensure that your work reference letter(s) back up your newly chosen NOC.

Furthermore, it's important to note that when you get an ITA, the ITA was not based on the NOC you chose rather, on your CRS points (of course unless you're a PNP nominee in which case your EE NOC must match the NOC you got nomination for.

Although your NOC(s) are captured when you create your EE profile and also when you get ITA, as long as you're yet to submit your application, you are not accessed based on those NOC. What is really being noted pre-ITA is the number of years of experience claimed because it is what you're getting CRS points for.

It is when you submit your eAPR that your NOC is verified to ensure that based on your work reference letter, you performed a substantial number of lead duties as contained under your chosen NOC code.

Hope this helps?
 

Wonders

Full Member
Apr 29, 2017
35
1
Hi,

Thank you for your quick response.

This has definitely answered my question. Can you also advise if I can add another NOC as my work profile was changed and as of now there is only one NOC that I have used in my EE application.

Sorry to bother you but can you also guide in selecting the correct NOC if I write a bit about my profile.

Thanks in advance!





You do not need to be confused and can safely disregard the above post. The above post was concerning an application already submitted to Ontario Immigrant Nominee Program (OINP)...key issue being already submitted.

However from your question, it appears that you are yet to submit your application to IRCC. You have only been invited to apply.

Although for consistency it is not encouraged except you can't help it, technically, you can change your NOC at any point prior to submitting your eAPR (electronic application for permanent residence). You must however ensure that your work reference letter(s) back up your newly chosen NOC.

Furthermore, it's important to note that when you get an ITA, the ITA was not based on the NOC you chose rather, on your CRS points (of course unless you're a PNP nominee in which case your EE NOC must match the NOC you got nomination for.

Although your NOC(s) are captured when you create your EE profile and also when you get ITA, as long as you're yet to submit your application, you are not accessed based on those NOC. What is really being noted pre-ITA is the number of years of experience claimed because it is what you're getting CRS points for.

It is when you submit your eAPR that your NOC is verified to ensure that based on your work reference letter, you performed a substantial number of lead duties as contained under your chosen NOC code.

Hope this helps?[/QUOTE]
 

davobod

Star Member
Aug 18, 2017
70
38
Hi,

Thank you for your quick response.

This has definitely answered my question. Can you also advise if I can add another NOC as my work profile was changed and as of now there is only one NOC that I have used in my EE application.

Sorry to bother you but can you also guide in selecting the correct NOC if I write a bit about my profile.

Thanks in advance!





You do not need to be confused and can safely disregard the above post. The above post was concerning an application already submitted to Ontario Immigrant Nominee Program (OINP)...key issue being already submitted.

However from your question, it appears that you are yet to submit your application to IRCC. You have only been invited to apply.

Although for consistency it is not encouraged except you can't help it, technically, you can change your NOC at any point prior to submitting your eAPR (electronic application for permanent residence). You must however ensure that your work reference letter(s) back up your newly chosen NOC.

Furthermore, it's important to note that when you get an ITA, the ITA was not based on the NOC you chose rather, on your CRS points (of course unless you're a PNP nominee in which case your EE NOC must match the NOC you got nomination for.

Although your NOC(s) are captured when you create your EE profile and also when you get ITA, as long as you're yet to submit your application, you are not accessed based on those NOC. What is really being noted pre-ITA is the number of years of experience claimed because it is what you're getting CRS points for.

It is when you submit your eAPR that your NOC is verified to ensure that based on your work reference letter, you performed a substantial number of lead duties as contained under your chosen NOC code.

Hope this helps?
[/QUOTE]
In selecting your NOC; you need to decide what will be your Primary NOC. It's possible that over the course of your career, you've function in multiple NOCs. But you must choose which of these will be the Primary NOC because that is what your application will be accessed against (as per number of years claimed + number of substantial duties performed as described in the NOC code).

Although it'll be preferable if the different NOCs you worked in throughout your career are interrelated so that you can claim points for all those cumulative number of years accumulated. But in any case, even if they are not interrelated and you have as little as a minimum of one-year in the NOC that you want accessed as your primary NOC (and duly backed by a work reference letter in IRCC format), as long as your CRS point got you an ITA with that minimum experience counted and it also got you past the Minium Entry Criteria for Express Entry of 67 points, you should be good to go.

NOTE: that the fact that your current job responsibility may have changed doesn't necessarily mean you are bound to update your NOC/ work experience history (except it'll be particularly helpful). Chances are even that you may not have acquired up to one-year in that new NOC within such a short time of creating your EE profile and getting ITA.

One way to keep IRCC updated about this is through your personal history information. That way you still maintain what got you ITA and at the same time satisfy that you updated IRCC of such changes.

You can share your profile so we can see how to help you with it. Also provide pre-ITA NOCs and what you're considering as eAPR NOC.
 

Wonders

Full Member
Apr 29, 2017
35
1
Hi,

Thank you so much for your response.

I was going through the Skill levels (0,A,B,C). My profile in the beginning was a Level C profile; however, with time it changed to Level B.
To be honest, I wasn't aware that I have to select multiple NOC or a primary NOC to justify my previous and current profile or roles and responsibilities.

Since, I have got an ITA, I am ready to upload my documents; however, one thing that I am not confident about is 'NOC'.

Though, my job letters suffice the roles in the NOC I selected for Level B; however, that NOC is appropriate to show an experience of 6 years and I have an overall exp of 9 years. What should be done as my previous experience of 4 years fall under Level C.

Notes: While submitting my Application in EE pool, I did mention an overall experience of 9 years.

Thanks for your help and support.
 

davobod

Star Member
Aug 18, 2017
70
38
Hi,

Thank you so much for your response.

I was going through the Skill levels (0,A,B,C). My profile in the beginning was a Level C profile; however, with time it changed to Level B.
To be honest, I wasn't aware that I have to select multiple NOC or a primary NOC to justify my previous and current profile or roles and responsibilities.

Since, I have got an ITA, I am ready to upload my documents; however, one thing that I am not confident about is 'NOC'.

Though, my job letters suffice the roles in the NOC I selected for Level B; however, that NOC is appropriate to show an experience of 6 years and I have an overall exp of 9 years. What should be done as my previous experience of 4 years fall under Level C.

Notes: While submitting my Application in EE pool, I did mention an overall experience of 9 years.

Thanks for your help and support.
How could your EE profile at creation be level C with 4 years experience acquired and by ITA is now level B with 6 years acquired? I really do not understand. Or do you mean work experience at the beginning of your career? Can you include the date range for the level B & C please?

If what you are referring to is your work experience at the beginning of your career, then what you've done appear to be correct and in order.

My assumption is that under your work history, you have listed both NOCs in levels B (6 years) & C (3+ years) acquired over a period of 9+ years. If this is what you did and you also have work reference letters for them, then you can upload them.

Your primary NOC and what your application will be accessed upon is the job done under NOC level B.

Since you have up to 6 years experience (in the last 10 years) [even if different employers] under a single NOC (i.e. same type of job) in skill level B and can support it with a valid work reference letter, then you should be good to go.
See: http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp

The maximum number of years that you can be awarded points for under the EE Minimum Entry Criteria is 6 years while maximum points that can be awarded under CRS skill transferability factor, is 3 years. So you seem to meet IRCC requirement.

So remember, your primary NOC in the light of your newly disclosed details should be the NOC for the job done under skill level B since EE FSW supports only NOC type 0, levels A & B.

Hope this helps.
 
Last edited:

Wonders

Full Member
Apr 29, 2017
35
1
Hi,

Thank you so much for clearing my doubts. Now, I am confident and can upload my documents.

One more question regarding proof of funds.

For proof of funds, we can show Fixed Deposit under our names. What if I have 2 Fixed Deposits from the same bank account. Do I need to show 2 different certificates or 1 would be enough as both the FDs are linked with the same bank account.

Also, while entering into the pool, I declared proof of funds as $15,000. Is it mandatory to carry or show the exact declared amount or we can show a bank statement of the amount as per the requirement which is $12,300 for 1 member.

Thanks for your help!





What you've done appear to be correct and in order. Under your work history, you have listed both NOCs in levels B (6 years) & C (3+ years) acquired over a period of 9+ years. Sure you also have work reference letters for these as well. Upload them.

Your primary NOC and what your application will be accessed upon is the job done under NOC level B.

Since you have up to 6 years experience (in the last 10 years) [even if different employers] under a single NOC (i.e. same type of job) in skill level B and can support it with a valid work reference letter, then you should be good to go.
See: http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp

The maximum number of years that you can be awarded points for under the EE Minimum Entry Criteria is 6 years while maximum points that can be awarded under CRS skill transferability factor, is 3 years. So you seem to meet IRCC requirement.

So remember, your primary NOC in the light of your newly disclosed details should be the NOC for the job done under skill level B since EE FSW supports only NOC type 0, levels A & B.

Hope this helps.
 

davobod

Star Member
Aug 18, 2017
70
38
Hi,

Thank you so much for clearing my doubts. Now, I am confident and can upload my documents.

One more question regarding proof of funds.

For proof of funds, we can show Fixed Deposit under our names. What if I have 2 Fixed Deposits from the same bank account. Do I need to show 2 different certificates or 1 would be enough as both the FDs are linked with the same bank account.

Also, while entering into the pool, I declared proof of funds as $15,000. Is it mandatory to carry or show the exact declared amount or we can show a bank statement of the amount as per the requirement which is $12,300 for 1 member.

Thanks for your help!
Get a letter from your bank/ financial institution as per IRCC format.

Your bank/ financial institution will know how to clearly state the details of your two Fixed Deposit investments on your account in the said letter.

If you're the only person in your application, show proof for the minimum amount required for one person. If you have dependents, then show proof for the minimum amount required for principal applicant + all additional dependents in your application (even if they are not accompanying you).

All the best.
 

itsmervv

Full Member
Jun 30, 2017
23
2
Can someone please please comment on my case.
My fsw points dropped to 66 few days back as i turned a year older. Before this i have already submitted my documents to oinp under human capital after i got an noi. Due to the change in age my ee profile is marked ineligible under fsw by cic.
I can improve score by having my wife give ielts but this will take 45 days atleast and if i get pfl i only get 30 days.
What can be done. I haven't yet for any procedural fairness letter but i think the fsw score going 66 can become hindrance for me.
Please guide.
 

bootsal

Hero Member
Nov 3, 2015
914
161
Category........
PNP
Visa Office......
New delhi
NOC Code......
1114
App. Filed.......
29/03/2017
Nomination.....
21/2/2017
AOR Received.
30/03/2017
File Transfer...
16/10/2017
Med's Done....
21/06/2018
VISA ISSUED...
29-01-2019
LANDED..........
21-02-2019
Can someone please please comment on my case.
My fsw points dropped to 66 few days back as i turned a year older. Before this i have already submitted my documents to oinp under human capital after i got an noi. Due to the change in age my ee profile is marked ineligible under fsw by cic.
I can improve score by having my wife give ielts but this will take 45 days atleast and if i get pfl i only get 30 days.
What can be done. I haven't yet for any procedural fairness letter but i think the fsw score going 66 can become hindrance for me.
Please guide.
Please go through the Oinp website to see if the drop in points will affect your scores if you have already received invitation from Oinp and applied. You might get all your answers there

Your wife's ielts will be required if you are adding her to your ppr. If she has not given, she might as well start preparing that
 

bootsal

Hero Member
Nov 3, 2015
914
161
Category........
PNP
Visa Office......
New delhi
NOC Code......
1114
App. Filed.......
29/03/2017
Nomination.....
21/2/2017
AOR Received.
30/03/2017
File Transfer...
16/10/2017
Med's Done....
21/06/2018
VISA ISSUED...
29-01-2019
LANDED..........
21-02-2019
Please go through the Oinp website to see if the drop in points will affect your scores if you have already received invitation from Oinp and applied. You might get all your answers there

Your wife's ielts will be required if you are adding her to your ppr. If she has not given, she might as well start preparing that
Drop in points due to age should not affect afaik
 

davobod

Star Member
Aug 18, 2017
70
38
Drop in points due to age should not affect afaik
The drop in point due to age will eventually affect @itsmervv because:

(1.) Part of the assessment carried out by OINP is to ensure applicant meets either the FSW or CEC requirements however profile is already marked as ineligible. This is different from an expired profile which had been eligible all along but just ran out of time.

(2.) When Ontario wants to nominate EE Human Capital Priority candidates, it is done through IRCC account which in this context is also already marked ineligible.

My best recommendation will be to:

(a.) Proceed with your spouses IELTS without further delay.

(b.) Send a LOE immediately to OINP explaining:

(i.) The situation (you had received their NOI and submitted your completed application prior to change in your age which made your profile ineligible) and then state clearly:

(ii.) Your plans to regularize it, which will involve your creating a new Express Entry account since the current one has been marked ineligible by IRCC due to drop in point as a result of increase in your age but will be made up for with you spouse's IELTS result which can be ready in about 45 days,

(iii.) Once ready you'll send details of the new EE account, job seeker code and your spouse's IELTS result to them immediately to continue processing your application.

This is a better, smoother, forward thinking approach than waiting for them to send a procedural fairness letter.

If you check page 2, step 3 of the OINP EE HCP stream, you'll observe that normally, you have up to six months from the time you received NOI, to submit a complete application and updating your wife's IELTS result will be done in about 45 days according to you, so technically, you can be strongly considered based on this provision.

This is also better in the long run because your nomination will already be on your new EE account saving you back and forth communication with both OINP and IRCC in the event that a nomination was obtained against an old EE account.

Hope this helps.
 

itsmervv

Full Member
Jun 30, 2017
23
2
Thanks a lot for your detailed response. Thats really very helpful.

You mentioned after receiving we have 6 months to submit a completed application. Below is the excerpt from the page you mentioned. Thanks for it.
After you receive a Notification of Interest from Ontario through your IRCC online account, you have 6 months to submit your application to the OINP under the Human Capital Priorities Stream.

In my case i have already submitted an application within 6 months but due to drop in points the EE profile is now ineligible. It doesn't say that i have 6 months to submit completed application.

I was confused if i should let OINP know because they might just find a fair point to reject me. I somehow thought that my application would be almost there for nomination since it is over 60 days i submitted (19 July) and i have been in 'Decision in progress' stage since 17th Aug. I though i would be opening a can of worms and thought would be better to get nomination and then regularizing me score so they can take my case ahead. I am extremely worried that they would simply reject my case. Do you think they would hold all this up for one person like this. i have put my hard earned money in this so more concerned.

I am writing an email to them mentioning all this and my complete details. Is there anything that i should mention that they give me some time. I have already registered and paid for my wife's IELTS and the exam is on 14th oct. They need atleast 16 days to provide results. I will attach my wife's registration details. I somehow want to also know if there is anything else they need and want them to consider my nomination. Can i ask them if they have anything else needed apart frmo this and they can nominate me once i regularize all this.