Dear seniors,
My application was refused due to my Letter of Employment apparently not being convincing to the verifier. I can reach out to my previous employer and request a new letter, following an exact template of the rules. The letter I attached probably lacks some data... such as it does not mention the NOC, or something else. Is it possible for me to appeal this decision by sending a new letter or is this a lost cause? This has been brutal news for my family and I..
Thank you for your time.
Below is the refusal letter:
Immigration, Refugees and Citizenship Canada (IRCC) invited you to apply for permanent
resident status based on the qualifications you claimed in your Express Entry profile. In your
Express Entry profile you indicated you possess 50 CRS points for Skills Transferability/Foreign
Work Experience including the following list of employments:
• Declared Foreign Work Experience: ...
In support of this declared foreign employment you provided a Letter of Employment (LOE)
however, I note there are no job duties listed on this letter. Overall, I find that there is insufficient
evidence on file to satisfy me on a balance of probabilities that you have performed the lead
statement and a substantial number of the main duties of NOC 21100 for this declared
employment. As a result, I will not be including this period of employment in the calculation of
your Skills Transferability – Foreign Work Experience worth 50 CRS points. The Minister of Citizenship and Immigration, pursuant to
section 10.3(a) of the Immigration and Refugee Protection Act (b), gives the annexed Ministerial
Instructions Respecting the Express Entry System and these instructions provide assessment
requirements. As per these instructions set out in section 25(1) and 25(2) as follows:
Foreign work experience
25 (1) For the purposes of sections 23 and 24, foreign work experience is work experience that:
(a) is acquired by a foreign national outside Canada in one or more occupations listed in
TEER Category 0, 1, 2 or 3 of the National Occupational Classification;
(b) consists of full-time work experience, or the full-time equivalent for part-time work
experience, with one or more employers;
(c) is acquired within the 10-year period preceding the day on which points are assigned to
the foreign national under section 23 or subsection 24(1); and
(d) is remunerated by the payment of wages or a commission.
Requirements:
(2) In order to be assigned points under section 23 or 24 for their foreign work experience, a
foreign national
(a) must specify in their expression of interest the five-digit code in the National
Occupational Classification that corresponds to each of the occupations they have
engaged in while accumulating their foreign work experience; and
(b) must have performed the actions described in the lead statement for the occupation as
set out in the occupational descriptions of the National Occupational Classification, as
well as a substantial number of the main duties, including all essential duties, as set out
in the National Occupational Classification.
As I have found that you no longer possess the qualification on the basis of which you were
ranked under an instruction given under paragraph 10.3(1)(h), you no longer meet the
requirements of Section 11.2 of Act. In accordance with section 11.2 of the Act, I am refusing
your application because I have found that you do not possess the qualification on the basis of
which you were ranked under an instruction given under paragraph 10.3(1). This change in your
qualifications resulted in a loss of 12 CRS points, decreasing your CRS score from 546 to 534,
and brought your rank below the lowest ranking person who was invited to apply in your round,
under the Express Entry Comprehensive Ranking System. The lowest point score in the round
of invitation that the you were invited to was 543 CRS points. Following this examination of your
application, I am not satisfied that you meet the requirements of the Act and Regulations for the
reasons explained above. I am therefore refusing your application.
You will receive a refund of the Right of Permanent Residence Fee that you have paid.
The decision communicated in this letter constitutes the definitive and final decision on your
present application. Your application will be retained, under current Government of Canada file
retention guidelines, for a period of two years. Your application forms and supporting documents
will not be returned to you. If you should submit a new application it would require new fees and
documentation and would need to meet all the requirements in effect at the time the application
is submitted.
You must remove your Job Seeker profile from the Job Bank website as you are no longer an
Express Entry candidate. You must also remove any references that you are a candidate for
Express Entry from any private job board websites, if you used any.
If you still want to come to Canada as a skilled immigrant, you may take steps to improve your
competitiveness and register for Express Entry at a later date. For example, you may try to
improve your language score or gain a higher level of education. However, you must meet the
minimum requirements to enter the Express Entry pool and there is no guarantee that you will
be issued another invitation to apply for permanent residence under one of the immigration
programs subject to Express Entry.
Thank you for the interest you have shown in Canada.
My application was refused due to my Letter of Employment apparently not being convincing to the verifier. I can reach out to my previous employer and request a new letter, following an exact template of the rules. The letter I attached probably lacks some data... such as it does not mention the NOC, or something else. Is it possible for me to appeal this decision by sending a new letter or is this a lost cause? This has been brutal news for my family and I..
Thank you for your time.
Below is the refusal letter:
Immigration, Refugees and Citizenship Canada (IRCC) invited you to apply for permanent
resident status based on the qualifications you claimed in your Express Entry profile. In your
Express Entry profile you indicated you possess 50 CRS points for Skills Transferability/Foreign
Work Experience including the following list of employments:
• Declared Foreign Work Experience: ...
In support of this declared foreign employment you provided a Letter of Employment (LOE)
however, I note there are no job duties listed on this letter. Overall, I find that there is insufficient
evidence on file to satisfy me on a balance of probabilities that you have performed the lead
statement and a substantial number of the main duties of NOC 21100 for this declared
employment. As a result, I will not be including this period of employment in the calculation of
your Skills Transferability – Foreign Work Experience worth 50 CRS points. The Minister of Citizenship and Immigration, pursuant to
section 10.3(a) of the Immigration and Refugee Protection Act (b), gives the annexed Ministerial
Instructions Respecting the Express Entry System and these instructions provide assessment
requirements. As per these instructions set out in section 25(1) and 25(2) as follows:
Foreign work experience
25 (1) For the purposes of sections 23 and 24, foreign work experience is work experience that:
(a) is acquired by a foreign national outside Canada in one or more occupations listed in
TEER Category 0, 1, 2 or 3 of the National Occupational Classification;
(b) consists of full-time work experience, or the full-time equivalent for part-time work
experience, with one or more employers;
(c) is acquired within the 10-year period preceding the day on which points are assigned to
the foreign national under section 23 or subsection 24(1); and
(d) is remunerated by the payment of wages or a commission.
Requirements:
(2) In order to be assigned points under section 23 or 24 for their foreign work experience, a
foreign national
(a) must specify in their expression of interest the five-digit code in the National
Occupational Classification that corresponds to each of the occupations they have
engaged in while accumulating their foreign work experience; and
(b) must have performed the actions described in the lead statement for the occupation as
set out in the occupational descriptions of the National Occupational Classification, as
well as a substantial number of the main duties, including all essential duties, as set out
in the National Occupational Classification.
As I have found that you no longer possess the qualification on the basis of which you were
ranked under an instruction given under paragraph 10.3(1)(h), you no longer meet the
requirements of Section 11.2 of Act. In accordance with section 11.2 of the Act, I am refusing
your application because I have found that you do not possess the qualification on the basis of
which you were ranked under an instruction given under paragraph 10.3(1). This change in your
qualifications resulted in a loss of 12 CRS points, decreasing your CRS score from 546 to 534,
and brought your rank below the lowest ranking person who was invited to apply in your round,
under the Express Entry Comprehensive Ranking System. The lowest point score in the round
of invitation that the you were invited to was 543 CRS points. Following this examination of your
application, I am not satisfied that you meet the requirements of the Act and Regulations for the
reasons explained above. I am therefore refusing your application.
You will receive a refund of the Right of Permanent Residence Fee that you have paid.
The decision communicated in this letter constitutes the definitive and final decision on your
present application. Your application will be retained, under current Government of Canada file
retention guidelines, for a period of two years. Your application forms and supporting documents
will not be returned to you. If you should submit a new application it would require new fees and
documentation and would need to meet all the requirements in effect at the time the application
is submitted.
You must remove your Job Seeker profile from the Job Bank website as you are no longer an
Express Entry candidate. You must also remove any references that you are a candidate for
Express Entry from any private job board websites, if you used any.
If you still want to come to Canada as a skilled immigrant, you may take steps to improve your
competitiveness and register for Express Entry at a later date. For example, you may try to
improve your language score or gain a higher level of education. However, you must meet the
minimum requirements to enter the Express Entry pool and there is no guarantee that you will
be issued another invitation to apply for permanent residence under one of the immigration
programs subject to Express Entry.
Thank you for the interest you have shown in Canada.
