Wrong NOC, Reconsideration - Any positive stories?

[Magy0901]

Hi,

I got my ITA in February 2020 under the Federal Skilled Worker program. At the time of my application, wrong NOC was selected by mistake. My immigration consultant submitted a letter in July 2020 and requested that my NOC is updated (my new NOC maintained my eligibility, Skill Level A, and my PR invitation was not NOC specific since this was not a provincial nomination). We received a confirmation from IRCC that they got the letter (it was response from an agent, not an automatic message) and that my documents will be forwarded to the responsible office.

Apparently, the request from July 2020 was not considered at all and about a month ago (June 2022) my application was rejected. The officer reviewing my application used the original NOC code and not the one we requested to use in July 2020. Also, IRCC didn’t reach out in these past two years to obtain any additional information from me.

I submitted a letter for reconsideration about a month ago and I am waiting for IRCC to respond.

I was wondering if anyone was in a similar position and had a positive outcome.

Thanks!

 

[scylla]

Hi,

I got my ITA in February 2020 under the Federal Skilled Worker program. At the time of my application, wrong NOC was selected by mistake. My immigration consultant submitted a letter in July 2020 and requested that my NOC is updated (my new NOC maintained my eligibility, Skill Level A, and my PR invitation was not NOC specific since this was not a provincial nomination). We received a confirmation from IRCC that they got the letter (it was response from an agent, not an automatic message) and that my documents will be forwarded to the responsible office.

Apparently, the request from July 2020 was not considered at all and about a month ago (June 2022) my application was rejected. The officer reviewing my application used the original NOC code and not the one we requested to use in July 2020. Also, IRCC didn’t reach out in these past two years to obtain any additional information from me.

I submitted a letter for reconsideration about a month ago and I am waiting for IRCC to respond.

I was wondering if anyone was in a similar position and had a positive outcome.

Thanks!

Your NOC is locked once you submit your application. To the best of my knowledge, they don't allow people to switch NOCs after the applications has already been submitted. The window to change this is after you receive ITA and before you submit your application.

I'm personally not aware of anyone who has been successful in getting reconsideration in this situation. (Maybe others are?) If you have a NOC mismatch, you need to submit a new EE profile, wait for ITA again, and then submit a new application with the right NOC. NOC mismatch is unfortunately one of those errors that sinks your application.

 

[Magy0901]

Your NOC is locked once you submit your application. To the best of my knowledge, they don't allow people to switch NOCs after the applications has already been submitted. The window to change this is after you receive ITA and before you submit your application.

I'm personally not aware of anyone who has been successful in getting reconsideration in this situation. (Maybe others are?) If you have a NOC mismatch, you need to submit a new EE profile, wait for ITA again, and then submit a new application with the right NOC. NOC mismatch is unfortunately one of those errors that sinks your application.

Thank you for your response. If this is true, then it really doesn’t make any sense. Changing NOC doesn’t affect my score so why should it matter?

 

[scylla]

Thank you for your response. If this is true, then it really doesn’t make any sense. Changing NOC doesn’t affect my score so why should it matter?

It matters because you are claiming work experience under this NOC and one of IRCC's assessments of each application are to ensure that the NOC someone has claimed matches their actual work experience (and submitting experience letters that match to this as well). I assume they don't want people playing games with this and that's why they lock the NOC on submission and why it's so critical to ensure your application is accurate and complete before you submit.

What's your current EE score? Might be worthwhile to re-enter the pool while you wait and see what they say about reconsideration.

Good luck.

 

[Magy0901]

It matters because you are claiming work experience under this NOC and one of IRCC's assessments of each application are to ensure that the NOC someone has claimed matches their actual work experience (and submitting experience letters that match to this as well). I assume they don't want people playing games with this and that's why they lock the NOC on submission and why it's so critical to ensure your application is accurate and complete before you submit.

What's your current EE score? Might be worthwhile to re-enter the pool while you wait and see what they say about reconsideration.

Good luck.

In the letter that was submitted in July 2020 I provided a lot of details explaining how this new NOC is a better fit so there is no room for playing games. I listed my responsibilities (also provided in the letter of employment) and exact duties corresponding to this NOC. I believe that this should have been considered and updated, and the officer should have checked to see if I continue to meet eligibility for the FSW program (which I do since both NOCs are Skill Level A).

 

[scylla]

In the letter that was submitted in July 2020 I provided a lot of details explaining how this new NOC is a better fit so there is no room for playing games. I listed my responsibilities (also provided in the letter of employment) and exact duties corresponding to this NOC. I believe that this should have been considered and updated, and the officer should have checked to see if I continue to meet eligibility for the FSW program (which I do since both NOCs are Skill Level A).

I'm not IRCC so no point debating this with me. Just telling what we've seen on this forum for applications with NOC mismatches. There doesn't seem to be any tolerance for it. But who knows, maybe you'll get lucky. Please do let us know if you get a positive response to the reconsideration.

I take it your consultant messed this up in your original application? You should ask for your fees back if you haven't already.

 

[Magy0901]

I'm not IRCC so no point debating this with me. Just telling what we've seen on this forum for applications with NOC mismatches. There doesn't seem to be any tolerance for it. But who knows, maybe you'll get lucky. Please do let us know if you get a positive response to the reconsideration.

I take it your consultant messed this up in your original application? You should ask for your fees back if you haven't already.

I will update the thread once I get the response. Thanks for taking time to respond!

 

[scylla]

I will update the thread once I get the response. Thanks for taking time to respond!

Good luck!

 

[Ultraxion]

What was wrong about your first NOC? As long as it is skill level 0, A, B it should be fine right? Also if you had put down something outside 0AB you would have been deemed ineligible (and wouldnt even receive an ITA).

 

[Magy0901]

What was wrong about your first NOC? As long as it is skill level 0, A, B it should be fine right? Also if you had put down something outside 0AB you would have been deemed ineligible (and wouldnt even receive an ITA).

I work in the Human Resource Development field and more specifically as a training and development professional. I also have Master’s degree in HRD. When my application was submitted, the NOC code selected was for human resource professionals (NOC 1121). However, after further analysis, I realized that 1121 is more related to payroll, hiring, etc. I requested that my NOC is changed to 4166 – Education policy researchers, consultants and program officers which focuses more on training.

 

[Ultraxion]

I believe NOC has a certain degree of fluidity. Like one of the main duties of NOC 1211 listed on statscanada says "Hire and oversee training of staff", which could be a match to your actual job description (I don't know what exactly your job is just my guess). What I want to say is it is way easier to adjust how you formulate your reference letter than change you NOC. It might be too late for you tho..

 

[cansha]

Hi,

I got my ITA in February 2020 under the Federal Skilled Worker program. At the time of my application, wrong NOC was selected by mistake. My immigration consultant submitted a letter in July 2020 and requested that my NOC is updated (my new NOC maintained my eligibility, Skill Level A, and my PR invitation was not NOC specific since this was not a provincial nomination). We received a confirmation from IRCC that they got the letter (it was response from an agent, not an automatic message) and that my documents will be forwarded to the responsible office.

Apparently, the request from July 2020 was not considered at all and about a month ago (June 2022) my application was rejected. The officer reviewing my application used the original NOC code and not the one we requested to use in July 2020. Also, IRCC didn’t reach out in these past two years to obtain any additional information from me.

I submitted a letter for reconsideration about a month ago and I am waiting for IRCC to respond.

I was wondering if anyone was in a similar position and had a positive outcome.

Thanks!

NOC mismatch is one of those reasons which almost always results in refusal. Also, people wrongly assume that a letter / CSE written after submission of AOR will always be considered even if you have confirmation that it was received. Case agents have plenty of cases to review and process and they would not have time to look at each and every document especially if those are long explanations. You need to make it easy for them to look at information.

Also, IRCC is not obligated to ask for more information if they see a mismatch on the application and unfortunately in many cases they decline application. Also this is not consistent. I have read cases here where IRCC have issued Procedural Fairness Letter (PFL) if documents is missing on employment proof and hence giving one more chance to the candidate to submit documents. And in similar situations many officers just send straight up refusal without issuing a PFL.

I have seen some letter of reconsideration getting favourable responses but in those cases officers had missed documents that were attached with the original application. But chances are always low.

In any case selecting wrong NOC is an inexcusable mistake for anyone who claims to be an immigration consultant. And one of the reasons why no one should put a lot of faith on these consultants as they have zero liability when someone's application gets refused because of mistakes like these.

I do wish you all the best though.