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automatic refusal?

biggyboy35058

Full Member
Jan 23, 2023
24
5
I wonder if someone on here would enlighten me, i'm a canadian employer in the process of hiring a Filipino HSW.. and sent in an offer of empl. almst a year ago, and since then, i now need to update a few points on the offer.. Ive tried alot to reach ircc, but impossible.. So if they process the emplyee's application and decide for some reason they don't like something in the offer, will they just automatically refuse it, or do they allow me to respond and/update? thanks to anyone who knows 100%.....
 

scylla

VIP Member
Jun 8, 2010
95,948
22,189
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
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LANDED..........
05-10-2010
I wonder if someone on here would enlighten me, i'm a canadian employer in the process of hiring a Filipino HSW.. and sent in an offer of empl. almst a year ago, and since then, i now need to update a few points on the offer.. Ive tried alot to reach ircc, but impossible.. So if they process the emplyee's application and decide for some reason they don't like something in the offer, will they just automatically refuse it, or do they allow me to respond and/update? thanks to anyone who knows 100%.....
There's no 100% answer to this question.

It depends on what it is they don't like or doesn't meet the requirements and also somewhat on the officer. In some cases they give you a chance to respond and in some cases they don't.
 

Hummingbird89

Hero Member
Mar 18, 2023
366
50
Toronto
Category........
CEC
LANDED..........
2019
I wonder if someone on here would enlighten me, i'm a canadian employer in the process of hiring a Filipino HSW.. and sent in an offer of empl. almst a year ago, and since then, i now need to update a few points on the offer.. Ive tried alot to reach ircc, but impossible.. So if they process the emplyee's application and decide for some reason they don't like something in the offer, will they just automatically refuse it, or do they allow me to respond and/update? thanks to anyone who knows 100%.....
They will allow you to respond. You can also freely upload a modified offer through webform at any time.
 

biggyboy35058

Full Member
Jan 23, 2023
24
5
In this case, we simply want to increase the hourly rate offered, in view of increases in the cost of living/inflation etc. since the time that the original offer was given. I was uncertain whether it would be better to wait and see if they question it, as opposed to sending in a webform updated offer. There seems to be so much that seems to be unclear with the way they process this whole thing..
 

Hummingbird89

Hero Member
Mar 18, 2023
366
50
Toronto
Category........
CEC
LANDED..........
2019
In this case, we simply want to increase the hourly rate offered, in view of increases in the cost of living/inflation etc. since the time that the original offer was given. I was uncertain whether it would be better to wait and see if they question it, as opposed to sending in a webform updated offer. There seems to be so much that seems to be unclear with the way they process this whole thing..
In the offer of employment form, there is a box, that you likely checked off, stating that you would keep in line with the law and make updates of that kind as necessary, etc. It is section 8, question 3. There is no need to do all that you're contemplating here.
(Try to reply directly to my comment if you want me to get a notification and see it.)
 
Last edited:

biggyboy35058

Full Member
Jan 23, 2023
24
5
Actually, I just reviewed Section 8, Question 3, There is 2 boxes that can be checked off, I only checked off the 1st box which states: Employer agrees to review at least once a year, to ensure the wage offered meets or exceeds the prevailing wage... I never checked the second box, as it seemed confusing at the time... Should I send a message to IRCC to correct that?
 

Hummingbird89

Hero Member
Mar 18, 2023
366
50
Toronto
Category........
CEC
LANDED..........
2019
Actually, I just reviewed Section 8, Question 3, There is 2 boxes that can be checked off, I only checked off the 1st box which states: Employer agrees to review at least once a year, to ensure the wage offered meets or exceeds the prevailing wage... I never checked the second box, as it seemed confusing at the time... Should I send a message to IRCC to correct that?
Seems like you've done what you needed to do.
I realized that they allowed people to check off both but it doesn't mean you need to.
The general rule is, unless IRCC sends for you, don't come. In other words, they will ask what they want to know of you.
 

biggyboy35058

Full Member
Jan 23, 2023
24
5
Thank you for your input... I remember when i was filling out the O of E, The second box seemed confusing, as my thought was: "Well how can I make a change regarding wage rate etc. on this form AFTER it has been submitted to IRCC"? It seems to me like an illogical statement.. I realized some time later that The wage I offered was actually slightly below the "mean wage" for HSW in my area. At the time I was not aware of "mean wages" etc. that were established by the Government. There is no reference to that kind of information in anything I read on the IRCC website. So I am hoping IRCC will allow me to update that to a appropriate higher wage to pay my employee. I do not understand why IRCC does not offer a simple guide to not just the candidate employee (guide 0401) but also to the potential employer, in filling out the O of E. But then again, what do I know?!
 

Hummingbird89

Hero Member
Mar 18, 2023
366
50
Toronto
Category........
CEC
LANDED..........
2019
Thank you for your input... I remember when i was filling out the O of E, The second box seemed confusing, as my thought was: "Well how can I make a change regarding wage rate etc. on this form AFTER it has been submitted to IRCC"? It seems to me like an illogical statement.. I realized some time later that The wage I offered was actually slightly below the "mean wage" for HSW in my area. At the time I was not aware of "mean wages" etc. that were established by the Government. There is no reference to that kind of information in anything I read on the IRCC website. So I am hoping IRCC will allow me to update that to a appropriate higher wage to pay my employee. I do not understand why IRCC does not offer a simple guide to not just the candidate employee (guide 0401) but also to the potential employer, in filling out the O of E. But then again, what do I know?!
Info on caregiver wage levels:
https://www.jobbank.gc.ca/marketreport/wages-occupation/24770/ca
From what I can remember, it needs to be at the median wage for the OINP in-demand stream pilot.
OINP's program: https://www.ontario.ca/page/oinp-employer-job-offer-demand-skills-stream
I do not believe that the caregiver pilot has a stipulation of median wage being the expectation.

Quoted from pilot page:
Officers may consider a number of factors when assessing whether the job offer is valid and genuine, including, but not limited to:

  • Whether the job offer is consistent with the reasonable needs of the employer
  • Whether the wage specified in the job offer is aligned with the prevailing wage in the province or territory where the work will be carried out (prevailing wage for IRCC’s purposes is the same as Employment and Social Development Canada (ESDC)’s)
  • Whether the terms of the offer are terms that the employer is reasonably able to fulfill
Specifically, officers may consider:

  • Whether the employer has a genuine need for a caregiver (for example, proof of a school-age child, expected delivery date of newborn child or a person with medical needs in the home)
  • Whether the employer has the financial ability to pay the wages specified in the job offer
To assess the validity of the job offer, officers can request further information from the employer and use information provided in the job offer. For example, officers can assess whether the employer is financially able to pay the caregiver the salary described in the job offer or if there is a genuine need for a caregiver by examining

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/economic-classes/pathways-for-caregivers/child-care-provider-support-pilots/assessing-application-selection-criteria.html