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Procedural Fairness Letter- JO is not Genuine

Kumud

Star Member
Jun 25, 2016
51
5
NOC Code......
0124
Hello @Naturgrl and All,

HSW, Bio: June 2024, Medical passed Dec 2024, Care recipient: Unrelated highly Autistic and ADHD adolescent girl of 12 years old and goes to a specialized school

I am writing on behalf of my sister who received a Procedural Fairness letter today (Dec 19) pointing at (E) the genuineness of the offer of employment and gave a 30-day response time. The specific comment is "I have concerns that your offer of employment is not genuine. After reviewing information submitted to our office from your prospective employer and their job offer with you I am not satisfied that the employer can reasonably fulfill the terms of the offer of employment, specifically, I am not satisfied there is a genuine need of a full-time home support worker." ADR was on Nov 22 for a daily schedule and a doctor's note on the requirement of a full-time caregiver. The employer mentioned morning, noon, and afternoon activities including school hours. The offer of employment mentions about 40 hours of work in a week with occasional longer days, weekend work and different shifts.

We are utterly frustrated. We processed our documents on our own. What can my sister or the employer do now? The employer wants to and actually needs a full-time caregiver and even they can employ an in-house caregiver and have the financial ability. Shall the employer revise the offer of employment to in-house employment, and/or explain in a letter about different shifts including evenings and weekends?

The doctor's note reads "Xxx has autism and has agitation and sometimes aggression requiring intervention from an adult. She is forgetful and needs constant reminders and an adult person's supervision for her daily activities to manage her." The note misses the point of the specific wording "full-time caregiver". Will it help if the employer gets a new letter from the physician mentioning the full-time caregiving requirement? Employer genuinely requires a caregiver as it has become difficult for the parents to manage the child as she grows older and becomes more energetic, restless and aggressive. There is a concern for her own and others' safety/well-being as well.

We would really appreciate your kind suggestions and comments. Please feel free to ask any questions that you might have. By the way, my sister also applied for a GCMS note.
 
Last edited:

scylla

VIP Member
Jun 8, 2010
96,283
22,432
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
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello @Naturgrl and All,

HSW, Bio: June 2024, Medical passed Dec 2024, Care recipient: Unrelated highly Autistic and ADHD adolescent girl of 12 years old and goes to a specialized school

I am writing on behalf of my sister who received a Procedural Fairness letter today (Dec 19) pointing at (E) the genuineness of the offer of employment and gave a 30-day response time. The specific comment is "I have concerns that your offer of employment is not genuine. After reviewing information submitted to our office from your prospective employer and their job offer with you I am not satisfied that the employer can reasonably fulfill the terms of the offer of employment, specifically, I am not satisfied there is a genuine need of a full-time home support worker." ADR was on Nov 22 for a daily schedule and a doctor's note on the requirement of a full-time caregiver. The employer mentioned morning, noon, and afternoon activities including school hours. The offer of employment mentions about 40 hours of work in a week with occasional longer days, weekend work and different shifts.

We are utterly frustrated. We processed our documents on our own. What can my sister or the employer do now? The employer wants to and actually needs a full-time caregiver and even they can employ an in-house caregiver and have the financial ability. Shall the employer revise the offer of employment to in-house employment, and/or explain in a letter about different shifts including evenings and weekends?

The doctor's note reads "Xxx has autism and has agitation and sometimes aggression requiring intervention from an adult. She is forgetful and needs constant reminders and an adult person's supervision for her daily activities to manage her." The note misses the point of the specific wording "full-time caregiver". Will it help if the employer gets a new letter from the physician mentioning the full-time caregiving requirement? Employer genuinely requires a caregiver as it has become difficult for the parents to manage the child as she grows older and becomes more energetic, restless and aggressive. There is a concern for her own and others' safety/well-being as well.

We would really appreciate your kind suggestions and comments. Please feel free to ask any questions that you might have. By the way, my sister also applied for a GCMS note.
I would hire a lawyer to help you respond. Does the employer have a full time caregiver now for her daughter? I assume so.
 
Last edited:
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Naturgrl

VIP Member
Apr 5, 2020
45,504
9,740
Hello @Naturgrl and All,

HSW, Bio: June 2024, Medical passed Dec 2024, Care recipient: Unrelated highly Autistic and ADHD adolescent girl of 12 years old and goes to a specialized school

I am writing on behalf of my sister who received a Procedural Fairness letter today (Dec 19) pointing at (E) the genuineness of the offer of employment and gave a 30-day response time. The specific comment is "I have concerns that your offer of employment is not genuine. After reviewing information submitted to our office from your prospective employer and their job offer with you I am not satisfied that the employer can reasonably fulfill the terms of the offer of employment, specifically, I am not satisfied there is a genuine need of a full-time home support worker." ADR was on Nov 22 for a daily schedule and a doctor's note on the requirement of a full-time caregiver. The employer mentioned morning, noon, and afternoon activities including school hours. The offer of employment mentions about 40 hours of work in a week with occasional longer days, weekend work and different shifts.

We are utterly frustrated. We processed our documents on our own. What can my sister or the employer do now? The employer wants to and actually needs a full-time caregiver and even they can employ an in-house caregiver and have the financial ability. Shall the employer revise the offer of employment to in-house employment, and/or explain in a letter about different shifts including evenings and weekends?

The doctor's note reads "Xxx has autism and has agitation and sometimes aggression requiring intervention from an adult. She is forgetful and needs constant reminders and an adult person's supervision for her daily activities to manage her." The note misses the point of the specific wording "full-time caregiver". Will it help if the employer gets a new letter from the physician mentioning the full-time caregiving requirement? Employer genuinely requires a caregiver as it has become difficult for the parents to manage the child as she grows older and becomes more energetic, restless and aggressive. There is a concern for her own and others' safety/well-being as well.

We would really appreciate your kind suggestions and comments. Please feel free to ask any questions that you might have. By the way, my sister also applied for a GCMS note.
Who is looking after the child now full time. If the child is 12 then child would have needed full time care for many years. If not, why does child need full time care now with child in school. If there is concern for everyone’s safety and well being then how does a caregiver help. Is your sister highly trained in children with agressive behaviour.
 
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Kumud

Star Member
Jun 25, 2016
51
5
NOC Code......
0124
I would hire a lawyer to help you respond. Does the employer have a full time caregiver now for her daughter? I assume so.
The employer does not have a full-time caregiver now. The mother stopped working to take care of her daughter so far. She (mother) wants to go back to her profession and also take care of the other child and other priorities.
 

Kumud

Star Member
Jun 25, 2016
51
5
NOC Code......
0124
Who is looking after the child now full time. If the child is 12 then child would have needed full time care for many years. If not, why does child need full time care now with child in school. If there is concern for everyone’s safety and well being then how does a caregiver help. Is your sister highly trained in children with agressive behaviour.
The mother has been looking after the child all these years. As the child is growing up, the concern is also growing as she can go out while her parents are not at home or are busy. My sister is not highly trained in aggressive behaviour but is trained with ADHD children.
 

scylla

VIP Member
Jun 8, 2010
96,283
22,432
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
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
The employer does not have a full-time caregiver now. The mother stopped working to take care of her daughter so far. She (mother) wants to go back to her profession and also take care of the other child and other priorities.
So I'll be honest. I think you have your work cut out to prove the child needs a full time caregiver given the child hasn't had one up until now and is also in school full time. Definitely time to work with a lawyer to respond.

Is your sister related to the employer in any way?
 
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Naturgrl

VIP Member
Apr 5, 2020
45,504
9,740
The mother has been looking after the child all these years. As the child is growing up, the concern is also growing as she can go out while her parents are not at home or are busy. My sister is not highly trained in aggressive behaviour but is trained with ADHD children.
Is the mother a relative of your sister? So the employer has not needed or hired a full time caregiver at all in 12 years. Usually the younger years require more care. In fact stating that parents are worried about their safety and well being is concerning because why bring in a caregiver to an unsafe situation, and then looking at more of a person with experience in aggression.

How can a doctor say full-time care if child is in school? Get a lawyer as these are big hurdles to overcome.
 
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Naturgrl

VIP Member
Apr 5, 2020
45,504
9,740
The mother has been looking after the child all these years. As the child is growing up, the concern is also growing as she can go out while her parents are not at home or are busy. My sister is not highly trained in aggressive behaviour but is trained with ADHD children.
Also have the parents show that there are no local services, daycares, respite, in-home services are available in their area to come in and care for child. Show emails and documentation outlining what care they have looked for in their area to no avail.
 
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Kumud

Star Member
Jun 25, 2016
51
5
NOC Code......
0124
So I'll be honest. I think you have your work cut out to prove the child needs a full time caregiver given the child hasn't had one up until now and is also in school full time. Definitely time to work with a lawyer to respond.

Is your sister related to the employer in any way?
My sister is not related to the employer or the mother. We know each other.
 

Kumud

Star Member
Jun 25, 2016
51
5
NOC Code......
0124
Is the mother a relative of your sister? So the employer has not needed or hired a full time caregiver at all in 12 years. Usually the younger years require more care. In fact stating that parents are worried about their safety and well being is concerning because why bring in a caregiver to an unsafe situation, and then looking at more of a person with experience in aggression.

How can a doctor say full-time care if child is in school? Get a lawyer as these are big hurdles to overcome.
The mother is not a relative of my sister. The mother left the job to take care of her. I agree, the unsafe situation can prevail. Also agree that it is difficult for the doctor to say so.
 

scylla

VIP Member
Jun 8, 2010
96,283
22,432
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
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
My sister is not related to the employer or the mother. We know each other.
Hire a good lawyer to help you respond. It's definitely not a straight forward case. Good luck.
 
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Reactions: Kumud

Kumud

Star Member
Jun 25, 2016
51
5
NOC Code......
0124
Also have the parents show that there are no local services, daycares, respite, in-home services are available in their area to come in and care for child. Show emails and documentation outlining what care they have looked for in their area to no avail.
Yes, good points.