Procedural fairness letter for 2174 vs 2173

[umerkha2007]

Hi there,
I have an express entry profile with Primary Occupation 2174. I had to prove only one year continuous work experience.
Experience 1: 2173 (2 years)-> Visa officer says this experience is valid but not in your primary occupation
Experience 2: 2174 (4 months) -> Visa officer accepts
Experience 3: 2173 (6 months) -> Visa officer accepts but not in primary occupation
Experience 4: 2174 (6 months) -> Visa officer accepts

Now the issue is that the because of these interchanging experiences 1 year contnuous in 2174 isnt there.

So the Visa Officer sent me a Procedural Fairness letter stating to clarify my experience in my primary occupational NOC.

Options lawyer gave me:
1. Say you made a clerical mistake by chosing wrong NOC code and that your primary NOC code should be 2173
2. Say that the job duties for the Experience 3 match 2174 instead of 2173.

What do you guys think I should send as a reply?

 

[scylla]

Hi there,
I have an express entry profile with Primary Occupation 2174. I had to prove only one year continuous work experience.
Experience 1: 2173 (2 years)-> Visa officer says this experience is valid but not in your primary occupation
Experience 2: 2174 (4 months) -> Visa officer accepts
Experience 3: 2173 (6 months) -> Visa officer accepts but not in primary occupation
Experience 4: 2174 (6 months) -> Visa officer accepts

Now the issue is that the because of these interchanging experiences 1 year contnuous in 2174 isnt there.

So the Visa Officer sent me a Procedural Fairness letter stating to clarify my experience in my primary occupational NOC.

Options lawyer gave me:
1. Say you made a clerical mistake by chosing wrong NOC code and that your primary NOC code should be 2173
2. Say that the job duties for the Experience 3 match 2174 instead of 2173.

What do you guys think I should send as a reply?

Post to the Express Entry section of the forum.

Based on experiences here, IRCC won't accept the first explanation. It's on you to select the right noc and the application will simply end in refusal if you've failed to do that. You can't change your noc after the fact.

The second option makes it seem like you are trying to alter your work experience which really isn't a good answer either. But maybe it's the better of the two. I don't know.

Most likely outcome is a refusal. You'll need to re-enter the pool, wait for ITA again and then submit your new application. Again, post your question to the EE section of the forum.

 

[bellaluna]

Damage control by your lawyer, you should have applied in 2173 in the first place.

FWIW, I got a PNP from one province under 2174 and a PNP from another province under 2173 with the exact same job letter, or maybe they were far less stringent back then.

 

[umerkha2007]

Damage control by your lawyer, you should have applied in 2173 in the first place.

FWIW, I got a PNP from one province under 2174 and a PNP from another province under 2173 with the exact same job letter, or maybe they were far less stringent back then.

2173 and 2174 are far too similar and have too many overlapping job duties. This is what my PFL states:

You stated working for Experience 1 between 2019/06 and 2020/11. On the letter of employment it lists your position with that company as a software engineer. The duties listed also appear to conform with the duties of a software engineer, which falls under NOC code of 2173, distinctly separate from NOC 2174, your primary NOC.

You worked for Experience 2, between 2020/10 and 2021/04, and provided sufficient evidence that you did so under NOC 2174. However, your subsequent employment, for Experience 3 between 2021/4 and 2021/11, was under NOC 2173.

Now my personal opinion was to explain Experience 1 and Experience 3 and that they fall under 2174, even though the job title says its Software Engineer. But lawyer refused saying that its no point arguing over NOC Codes, they don't accept that argument. Your best bet is to accept your mistake and hope they don't refuse you for misrepresentation or lose credibility.

 

[ahsijaj]

2173 and 2174 are far too similar and have too many overlapping job duties. This is what my PFL states:




Now my personal opinion was to explain Experience 1 and Experience 3 and that they fall under 2174, even though the job title says its Software Engineer. But lawyer refused saying that its no point arguing over NOC Codes, they don't accept that argument. Your best bet is to accept your mistake and hope they don't refuse you for misrepresentation or lose credibility.

Did you submit your response? which option did you choose? any update on your situation?