Thank you >>>>>>>>> Legalfalcon <<<<<<<<<<<

[uppperkut]

The simple answer is NO. But there has to be some connection. If you closely see the NOC, each NOC has a required education requirement. If you do not have that education requirement, you will have to prove how do you qualify for that. Eg. if your bachelors is in engineering and over the years you have become the VP of your company, you deal with the administration and for administration you need a MBA, you can show that this was by virtue of your experience.

Since your question is too abstract, this is the best I can answer. Henceforth, please give context to your questions.

My case is related to that question, I chose NOC 5241 without having the education requirements (Art or design). I have an information systems degree. Graphic and web design jobs hardly require you to have such qualifications. A portfolio of work is usually enough proof, together with how well you do in your interview. I worked for 2 reputable design agencies. Do you think there will be any issues? All my letters match the tasks and duties of that NOC. I just don't have a formal diploma or anything of that sort.

I'm sure you already know about this page: http://www.cic.gc.ca/english/resources/tools/perm/econ/fsw/minimum.asp
under Minimum work experience requirement, it says:
"Note: The applicant does not need to demonstrate that they meet the “employment requirements” listed in the NOC occupational description."

Thanks as usual for your help!

 

[lealealea]

If you were not asked to re-do your medicals, most likely your medicals were renewed. If you have received the PPR, go ahead and submit your PP and the dates you will get on your visa, make sure you enter Canada before it.

If you want to be double sure, you can send an email mentioned in the PPR emails and verify. But there is nothing to worry and and IRCC on regular basis renews medicals for many applicants after they expire.

Congratulations on getting your PPR.

Thank you for your time and explanation. I feel much relief after reading your reply. It is just strange that IRCC only asked my wife's medical re-check and I am left alone.

 

[legalfalcon]

Thank you for taking the time to get back to me.

I first moved to Canada on a work permit. I then went on vacation to USA however the visitor visa was refused. (If you were refused the visa how did you go to US?)

I was then allowed a second work permit (Did your first work permit expire? What do you mean that you were allowed?) while in Canada and applied however stated I was a resident of home country-outland (as I had been in Canada for a few months and assumed a resident meant being there for 6 months) and did not declare the recent USA refusal.

My second work visa was approved with these errors. I worked in Canada for a year and got points for it.

I submitted my pr this year using that work obtained for points. I also said yes to the USA refusal. My application is in progress, meds passed.

Is there anyway to rectify this past error and does it make my second work permit void if it is descovered?

My fear is that although I believe the errors would not have affected the outcome, they may have affected the process (misrepresentation) of that second visa. Making it void if descovered. Then my pr application based on that valid work permit would then be incorrect. Does it have a domino effect?

The discrepancy might be found as I applied "outland" however my work experience for that time now is saying I was inland and working.

I cannot predict what will happened, but you should address this. When non-immigrant visas are issues, usually there is no BGC, except the FOSS check. But for the PR, there is a thorough BGC which will take place and these issues might come up. If you address them upfront, they will be taken into consideration and your should most likely not have any issues.

 

[legalfalcon]

Thanks for your reply. My remarks in blue. Kindly go through them once and let me know if what am I saying is ok.

Hi Legalfalcon,
I received ITA this week.
I am writing on behalf of my spouse who is working as a primary school teacher.

While filing the application for PR, I found the personal history section confusing.

1. When I opened my personal history page, it had the education details pre-filled.
The education history starts from year 1999 (Bachelors' degree starting date).
Since the personal history is asked for the last 10 years only, should I delete the education details from that page and mention only the work details for the last 10 years.

The personal details section looks like this :

(a) 1999/07 to 2002/06 - Bachelors degree (pre-existing in the application)
(b) 2002/7 to 2003/6 - Bachelors in Education (pre-existing in the application)
(c) 2004/07 to 2006/01 - Job
(d) 2006/4 to till date - Job

Should I mention only the details (d) above which covers the last 10 years details.

Only the last ten years is required, so you can either leave the info or delete it, either way it won't make a difference as this information is there on file in the education history. If there are any gaps, IRCC will ask you to clarify it and seek details if they need it.
I will leave the education details in the "personal history" as it is. And for the job, since I mentioned the details of the job at (c), is it ok to delete it in the PR application and let the job (d) which started 11 years back only remain?

How are you going to fill in the gap from 2003 - 2006? In your personal history you will have to state what you were doing during this time. Either you delete everything before 2006, or let everything there. Outright gaps will raise flags and IRCC will ask you for additional documentation.

Between the two jobs, there is a gap of 2 months as you can see above, that 2 months she worked on Adhoc basis. The employment offers starts from 2006/04 and does not cover the Adhoc period of 2 months. Can I ignore those 2 months or insist the employer to provide experience certificates for that period as well.

I am assuming that this is personal history. You will have to account for these two months by declaring what was the PA doing during this time. If you are claiming points for this period and work experience, then you will need job reference documents and update your work history accordingly, or else simply update it and there is no need for references. - As mentioned above, should i simply include only the latest job details where PA has been working since last 11 years continuously (Job starting date 2006-April) and forget about the 2 months gap period prior to that as in any case that time period will not be considered.

See Above

Thanks!!!

 

[Desperatehelp]

I cannot predict what will happened, but you should address this. When non-immigrant visas are issues, usually there is no BGC, except the FOSS check. But for the PR, there is a thorough BGC which will take place and these issues might come up. If you address them upfront, they will be taken into consideration and your should most likely not have any issues.

I did not end up going to USA as the visa was refused.

As for getting a second work permit, they were working holiday visa from Germany. So I had an initial work permit for 1 year then 4 months into it they opened the rounds again and I applied for a second. However I ticked 'outland' and 'resident of Germany's not resident of Canada. I was wrongly under the impression you had to be in a country 6 months to be a resident.
I simply forgot/negligent in not listing the USA refusal on that second permit.

I am not sure if this means my second work permit was therefore invalid and any work obtained on it cannot be called valid work experience.

I found my old forms recently, hence now the fear.

 

[legalfalcon]

My case is related to that question, I chose NOC 5241 without having the education requirements (Art or design). I have an information systems degree. Graphic and web design jobs hardly require you to have such qualifications. A portfolio of work is usually enough proof, together with how well you do in your interview. I worked for 2 reputable design agencies. Do you think there will be any issues? All my letters match the tasks and duties of that NOC. I just don't have a formal diploma or anything of that sort.

I'm sure you already know about this page: http://www.cic.gc.ca/english/resources/tools/perm/econ/fsw/minimum.asp
under Minimum work experience requirement, it says:
"Note: The applicant does not need to demonstrate that they meet the “employment requirements” listed in the NOC occupational description."

Thanks as usual for your help!

YEs, I am aware of the link you stated, and that is why I mentioned

"But there has to be some connection. If you closely see the NOC, each NOC has a required education requirement. If you do not have that education requirement, you will have to prove how do you qualify for that."

You do not have to meet the educational requirement, but have to have some basis for it. Your question was abstract for me to answer. Now since you have mentioned your NOC and given your background, there is no need to worry and you are all good. For areas such as arts and design, your engineering degree is of immense help and it is the experience that counts more towards it. So you are all good and with reference letters that closely match the job duties, you will have no problems in meeting the eligibility A11.2

 

[legalfalcon]

I did not end up going to USA as the visa was refused.

As for getting a second work permit, they (who are they?) were working holiday visa from Germany (were you in Germany on a holiday visa when you applied for your second WP?). So I had an initial work permit for 1 year then 4 months into it they opened the rounds again and I applied for a second. However I ticked 'outland' and 'resident of Germany's not resident of Canada. I was wrongly under the impression you had to be in a country 6 months to be a resident.
I simply forgot/negligent in not listing the USA refusal on that second permit.

I am not sure if this means my second work permit was therefore invalid and any work obtained on it cannot be called valid work experience.

I found my old forms recently, hence now the fear.

Very respectful I will have to say that I do not understand what you are trying to say. Either you cannot put things in words which I can comprehend, or I it is my inability to understand what you are saying.

I do not want to provide any incorrect information to anyone and with your abstract questions, and new information popping in with every questions, I am unable to help you. I would recommend that you contact someone else who can understand what you are trying to say and give you an insight.

All the best!

 

[Desperatehelp]

Very respectful I will have to say that I do not understand what you are trying to say. Either you cannot put things in words which I can comprehend, or I it is my inability to understand what you are saying.

I do not want to provide any incorrect information to anyone and with your abstract questions, and new information popping in with every questions, I am unable to help you. I would recommend that you contact someone else who can understand what you are trying to say and give you an insight.

All the best!

I am sorry I have confused you and I will try again if you are able to help me

I am a German citizen.
While living in Germany I applied for a working holiday visa.
I then moved to Canada.
While in Canada I wanted to go on vacation to USA but the visitor visa was refused so I did not go.
I stayed in Canada.
After 4 months of living in Canada, German citizens were allowed to apply for a second working holiday visa.

When completing the forms for the second visa I was living in Canada. I did not mention the USA refusal and I ticked "applying from Germany" instead of applying from Canada as a resident.

I hope this is clearer? Thank you so much

 

[uppperkut]

YEs, I am aware of the link you stated, and that is why I mentioned

"But there has to be some connection. If you closely see the NOC, each NOC has a required education requirement. If you do not have that education requirement, you will have to prove how do you qualify for that."

You do not have to meet the education requirement, but have to have some basis for it. You questions way abstract for me to answer. Now since you have mentioned your NOC and given your background, there is no need to worry and you are all good.

Thanks so much.

I didn't really prove how I got qualified for the job apart from providing detailed experience letters, a promotion letter in one of the jobs, salary slips, bank statements, etc.

3 out of 4 companies are international design agencies with 10-20+ offices around the world. From the letter, they can also see the salary increase I kept getting during the last 4 years. If I'm lucky, I can probably get half of I'm paid currently in Canada.

I suppose this should be ok? Do you think it's worth raising a CSE with links to my online portfolio and LinkedIn account?

 

[legalfalcon]

Thanks so much.

I didn't really prove how I got qualified for the job apart from providing detailed experience letters, a promotion letter in one of the jobs, salary slips, bank statements, etc.

3 out of 4 companies are international design agencies with 10-20+ offices around the world. From the letter, they can also see the salary increase I kept getting during the last 4 years. If I'm lucky, I can probably get half of I'm paid currently in Canada.

I suppose this should be ok? Do you think it's worth raising a CSE with links to my online portfolio and LinkedIn account?

No, there is no need for a CSE because of the following:

1. Since you state that the companies are international companies, they will have a big internet presence, usually one of the first ways of IRCC to verify the employment details.
2. The reference letters that you provide, it overlaps with majority of the duties in the NOC.
3. You have provided all the additional details, like the promotion letter, salary statement, etc.
With all this info, there is no need for a CSE.

However, of order GCMS notes and keep a tract of when your A11.2 is cleared. Usually a case analyst will review your file and will make a recommendation, which will then be reviewed by an agent and in most cases the recommendation is made final.

So keep a lookout for the case analyst note in your GCMS and this is where the case analyst may state further review required, or may ask the agent to look into your NOC. Though, highly unlikely, if you see this, that is the time to spring into action.

However, with all the proactive steps you have taken, I doubt this will even be an issue.

Hope this helps!

 

[legalfalcon]

I am sorry I have confused you and I will try again if you are able to help me

I am a German citizen.
While living in Germany I applied for a working holiday visa.
I then moved to Canada.
While in Canada I wanted to go on vacation to USA but the visitor visa was refused so I did not go.
I stayed in Canada.
After 4 months of living in Canada, German citizens were allowed to apply for a second working holiday visa.

When completing the forms for the second visa I was living in Canada. I did not mention the USA refusal and I ticked "applying from Germany" instead of applying from Canada as a resident.

I hope this is clearer? Thank you so much

Thank you, this makes a lot of sense now. There will not be an issue with regard to your stating that you are applying from Germany, when you were in Canada.

However, your USA refusal will show up in your BGC. I would advise that you raise a CSE and address both these issues by stating that while going over your past form you realized that you had inadvertently forgotten to mention certain details and would like to correct them. A lot of applicants do it and it is fine. There is nothing wrong in correcting your application after it has been filed.

Hope this helps!

 

[Desperatehelp]

Thank you, this makes a lot of sense now. There will not be an issue with regard to your stating that you are applying from Germany, when you were in Canada.

However, your USA refusal will show up in your BGC. I would advise that you raise a CSE and address both these issues by stating that while going over your past form you realized that you had inadvertently forgotten to mention certain details and would like to correct them. A lot of applicants do it and it is fine. There is nothing wrong in correcting your application after it has been filed.

Hope this helps!

Thank you. I truly appreciate the response.

Although I feel incredibly guilty about this and I understand that innocent mistakes are the same as direct lies.

I will try and correct the past mistake. My fear is that as I lied on the past form, I affected the process of the visa. It is possible because I said I was not in Canada they would not have run an internal criminal check for me.

As an example, if a student lies on their student application and it is granted, is any degree obtained in that time suddenly invalid? That student can never use that education for PR?

 

[legalfalcon]

Thank you. I truly appreciate the response.

Although I feel incredibly guilty about this and I understand that innocent mistakes are the same as direct lies.

I will try and correct the past mistake. My fear is that as I lied on the past form, I affected the process of the visa. It is possible because I said I was not in Canada they would not have run an internal criminal check for me.

As an example, if a student lies on their student application and it is granted, is any degree obtained in that time suddenly invalid? That student can never use that education for PR?

This is something which is not directly covered by any law or regulation, but is discretionary. So if you do come forward and declare it, your chances of being dealt harshly will go down and some leeway will be granted.

 

[Desperatehelp]

This is something which is not directly covered by any law or regulation, but is discretionary. So if you do come forward and declare it, your chances of being dealt harshly will go down and some leeway will be granted.

Thank you. I find it interesting that this may be one thing Canada law does not cover.

I understand coming clean is the best option, although the idea of drawing attention to something that might not be noticed is daunting.

As a direct question, can misrepresentation be applied after the fact?

I understand PR status is revoked if misrepresentation is found, however are past work visas revoked as well?

If they decide I worked illegally for that year, but claimed on PR application it was legal, am I misrepresenting my work experience in PR even though I was on a work permit?

The same as a student. If they apply for PR and use their degree as proof of eligibility but it is descovered the student visa is fraud, does the student claiming the degree face misrepresentation on their PR?

 

[Desperatehelp]

I have actually found a second discrepancy.

In the working holiday visa form I listed "single". Common law is not recognised in my country so I wrongly assumed this did not apply to me.

I have my common law spouse on our pr application and the start date of our relationship was before the application for work visa.

A saving grace is that you cannot have dependants on a working holiday visa, they cannot come with you, however again, did I affect the process?

Really, I screwed up that application badly. I just want to know if cic will therefore invalidate that work. In doing so me declaring that the work was obtained legally on my PR application will result in refusal and misrepresentation.