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Got my application refused because the officer can't confirm that I have more than a year offer

mendozah

Member
Aug 20, 2019
15
2
Hello.

I just got my refusal for CEC today and I honestly disagree with what the officer said. I copy and paste the letter:

Based on the documentation submitted with your application for permanent residence, I am not satisfied you possess a valid offer of arranged employment because the offer of employment letter does not state that the employment is for ‘continuous full-time work in Canada having a duration of at least one year after the date on which a permanent resident visa is issued’ as per R82 (1).

The ‘Offer of Employment’ you have submitted is the original letter of offer from *employer name* from May of 2017. The letter of employment (from Empolyer name) states that you work “on a full-time, permanent basis of 40 hours per week”, which does not satisfy me of a qualifying offer of employment.
This just sounds bonkers to me. It reads like the officer thinks I wouldn't have a job for more than a Year after receiving my PR, but the next paragraph says that I have "full time permanent basis of 40 hours per week". I've been working almost 3 years on the same company and I have an employment letter that I had from 2017 which they told me to submit as well which I did.

I don't know what to do, I am proving that I have PERMANENT WORK, should I appeal? Also Maybe it has to do with the case that we changed names? We had the name "a" when I got hired and changed name to name "b" but I also submitted a letter with the legal stuff talking about the name change and that we are in fact the same company.

Don't know what to do.
 

lightspeed97

Star Member
Nov 20, 2018
143
112
Did you get the 50 points for a valid job offer ?

For valid job offer to hold , letter must say “will be employed for at least x year after permanent residency”

I’m assuming you’re on an employer specific work permit ?
 
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mendozah

Member
Aug 20, 2019
15
2
Did you get the 50 points for a valid job offer ?

For valid job offer to hold , letter must say “will be employed for at least x year after permanent residency”

I’m assuming you’re on an employer specific work permit ?
Yes, I am on a work permit with a specific employer.

It says "on permanent work" but does not say anything about a specific time, event though I been 3 years working for the same company.
 

lightspeed97

Star Member
Nov 20, 2018
143
112
Yes, I am on a work permit with a specific employer.

It says "on permanent work" but does not say anything about a specific time, event though I been 3 years working for the same company.
So to confirm , you had 50 points for valid job offer deducted by officer which then led to your score dropping below CRS required as at time of your invitation ?

Other members will weigh in but from CIC
website , for a job offer to be valid it must say they will employ you for at least a year after you become a permanent resident. If time is not an issue(your work permit doesn’t expire soon) and you can easily get letter in that format , i’d just reapply .

Appeal might drag out for a while and not yield anything . wait for other forum members to chip in though
 

mendozah

Member
Aug 20, 2019
15
2
So to confirm , you had 50 points for valid job offer deducted by officer which then led to your score dropping below CRS required as at time of your invitation ?

Other members will weigh in but from CIC
website , for a job offer to be valid it must say they will employ you for at least a year after you become a permanent resident. If time is not an issue(your work permit doesn’t expire soon) and you can easily get letter in that format , i’d just reapply .

Appeal might drag out for a while and not yield anything . wait for other forum members to chip in though
Ugh, yeah I have a new work permit ready. I had the 50 points but it seems to be taken away for this stupid reason. I am so angry, you have NO idea through the things I had to go through for this.

I am mexican and the mexican paperwork was brutal. I had to fly to MX in an emergency to get a police check as they only give it to you if you have a request letter, I had to do a LOT of shit and a lot of spent money, fucking sucks. Thanks for your help man.
 

jes_ON

VIP Member
Jun 22, 2009
12,091
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
Hello.

I just got my refusal for CEC today and I honestly disagree with what the officer said. I copy and paste the letter:

Based on the documentation submitted with your application for permanent residence, I am not satisfied you possess a valid offer of arranged employment because the offer of employment letter does not state that the employment is for ‘continuous full-time work in Canada having a duration of at least one year after the date on which a permanent resident visa is issued’ as per R82 (1).

The ‘Offer of Employment’ you have submitted is the original letter of offer from *employer name* from May of 2017. The letter of employment (from Empolyer name) states that you work “on a full-time, permanent basis of 40 hours per week”, which does not satisfy me of a qualifying offer of employment.
This just sounds bonkers to me. It reads like the officer thinks I wouldn't have a job for more than a Year after receiving my PR, but the next paragraph says that I have "full time permanent basis of 40 hours per week". I've been working almost 3 years on the same company and I have an employment letter that I had from 2017 which they told me to submit as well which I did.

I don't know what to do, I am proving that I have PERMANENT WORK, should I appeal? Also Maybe it has to do with the case that we changed names? We had the name "a" when I got hired and changed name to name "b" but I also submitted a letter with the legal stuff talking about the name change and that we are in fact the same company.

Don't know what to do.
Sorry to hear this, but in most cases, you cannot use an old job offer letter that was issued for a temporary work permit. Regardless of whether it says "permanent", all jobs offers for a temporary work permit are... temporary.

It has to be a new job offer letter (after you gain experience with your employer) offering you a FUTURE job, after you become a permanent resident.

The criteria are here:
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html


I would advise just re-applying, you can still use the same documents (PCC, probably medical exam). An appeal is a legal court case, takes a long time and a lot of money. A "request for reconsideration" can be done by email, but you have to show that the VO made an error, and in this case, the error was yours.
 

Bounces88

Newbie
Dec 12, 2018
9
3
Hello everyone,

Please I am abit confused with my noc code, presently work as a lending associate, I presume it’s under 6235.
Here is the job description on my reference letter



Responsibilities:
  • Perform outbound calls to current, former and prospective customers advertising the products and services available at Fairstone.
  • Provide customers with information on the features and benefits of lending products and answer all questions customers may have
  • Manage the loan application process over the phone with the customer by completing a loan application andreviewing credit worthiness
  • Refer qualified customers to localFairstone branch offices to complete the loan process
  • Manage early stage past due accounts for the purpose of updating customers financial situation and presenting anappropriate solution when available.
Training will be provided to gain consumerlending knowledge to follow company policies and procedures, provincial and federalregulations, credit review and accountmanagement
 

ShakthiH

Full Member
Dec 12, 2018
33
8
Sorry to hear this, but in most cases, you cannot use an old job offer letter that was issued for a temporary work permit. Regardless of whether it says "permanent", all jobs offers for a temporary work permit are... temporary.

It has to be a new job offer letter (after you gain experience with your employer) offering you a FUTURE job, after you become a permanent resident.

The criteria are here:
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html


I would advise just re-applying, you can still use the same documents (PCC, probably medical exam). An appeal is a legal court case, takes a long time and a lot of money. A "request for reconsideration" can be done by email, but you have to show that the VO made an error, and in this case, the error was yours.
This is a weird request by IRCC. How can an employer promise to have anyone employed for at least one year. It depends on what the employee does, legal status, performance during the year and a lot of such factors(including company's existence!). Employer might not always be ready to mention on the letter saying I will employ you for at least one year post PR. Also, what if the employee doesn't like working there anymore and what if the employee wants to leave? The employer may put us on the hook saying that I will give you the letter but you have to work for one year after the PR or something of that sort. It is not a good request by IRCC if you ask me.

I am in the same boat as the OP(haven't received a rejection yet though!), and I have provided a LOE stating that my job is full-time, permanent and it is valid for as long as I am eligible to stay/work in Canada legally. In addition I have provided employment letter and all other good stuff which also mention that I am full-time, permanent. I don't think it is fair to ask my employer to promise IRCC to keep my job for one year after the PR approval.
 

mendozah

Member
Aug 20, 2019
15
2
Sorry to hear this, but in most cases, you cannot use an old job offer letter that was issued for a temporary work permit. Regardless of whether it says "permanent", all jobs offers for a temporary work permit are... temporary.

It has to be a new job offer letter (after you gain experience with your employer) offering you a FUTURE job, after you become a permanent resident.

The criteria are here:
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html


I would advise just re-applying, you can still use the same documents (PCC, probably medical exam). An appeal is a legal court case, takes a long time and a lot of money. A "request for reconsideration" can be done by email, but you have to show that the VO made an error, and in this case, the error was yours.
But it is not an old job offer? It is still the same job? I haven't changed jobs whatsoever throughout my almost three years :s
 

jes_ON

VIP Member
Jun 22, 2009
12,091
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
But it is not an old job offer? It is still the same job? I haven't changed jobs whatsoever throughout my almost three years :s
It was written before you started, it is from 2017, not 2019 or 2020. It is old.
 
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Wolfpmd3

Champion Member
Apr 26, 2015
1,867
455
Canada
NOC Code......
1254
Of course your application was refused when using that letter.

It clearly says everywhere that to claim those 50 points you must prove you have arranged employment for at least one year after you become a PR.

You letter does not say that, it's obvious that if you've been working for them for 3 years you'll continue to do so after. However, you need a letter that states this EXPLICITLY rather than just be an implicit fact.

Remember you started working there in 2017 as a holding a Temporary Work Permit, which means that at the time your employment couldn't have realistically been considered permanent, therefore they need to know that once you become a PR you'll still be able to continue to work there for at least one year.
 

Wolfpmd3

Champion Member
Apr 26, 2015
1,867
455
Canada
NOC Code......
1254
This is a weird request by IRCC. How can an employer promise to have anyone employed for at least one year. It depends on what the employee does, legal status, performance during the year and a lot of such factors(including company's existence!). Employer might not always be ready to mention on the letter saying I will employ you for at least one year post PR. Also, what if the employee doesn't like working there anymore and what if the employee wants to leave? The employer may put us on the hook saying that I will give you the letter but you have to work for one year after the PR or something of that sort. It is not a good request by IRCC if you ask me.

I am in the same boat as the OP(haven't received a rejection yet though!), and I have provided a LOE stating that my job is full-time, permanent and it is valid for as long as I am eligible to stay/work in Canada legally. In addition I have provided employment letter and all other good stuff which also mention that I am full-time, permanent. I don't think it is fair to ask my employer to promise IRCC to keep my job for one year after the PR approval.
This is absolute nonsense.

This letter is not a contract nor a way in which an employer will be able to slave you nor a sentence for you to be with the same employer against your will.

All it is is a proof of arranged employment for at least once year after obtaining PR status.

Once you get your PR you could resign, the company could dissappear, you could be fired, what ever it doesn't matter.

I honestly don't understand why this is so hard to get for some people. You offer of employment for a particular job does not equal an offer of continuing to be employed for at least one years after the status of the employee had changed.
 

guitarman

Star Member
Aug 17, 2018
114
38
Question -

My Letter of Employment also states "permanent full time employment" but does not say "for at least one year after permanent residency."

However, I am applying via the PNP program, so I am not claiming points for future employment, and have 900 points at this point. Will my application be refused because of this wording on the letter? It's easy enough for me to get and submit a new one, and I'd rather do it sooner that later.

On the CIC website about job off letters, it states that these requirements are specific to CEC and FSW applicants, not PNP applicants, but I thought it would be worth seeking the forum's advice.
 

niswe

Hero Member
Apr 5, 2017
475
173
Hello.

I just got my refusal for CEC today and I honestly disagree with what the officer said. I copy and paste the letter:

Based on the documentation submitted with your application for permanent residence, I am not satisfied you possess a valid offer of arranged employment because the offer of employment letter does not state that the employment is for ‘continuous full-time work in Canada having a duration of at least one year after the date on which a permanent resident visa is issued’ as per R82 (1).

The ‘Offer of Employment’ you have submitted is the original letter of offer from *employer name* from May of 2017. The letter of employment (from Empolyer name) states that you work “on a full-time, permanent basis of 40 hours per week”, which does not satisfy me of a qualifying offer of employment.
This just sounds bonkers to me. It reads like the officer thinks I wouldn't have a job for more than a Year after receiving my PR, but the next paragraph says that I have "full time permanent basis of 40 hours per week". I've been working almost 3 years on the same company and I have an employment letter that I had from 2017 which they told me to submit as well which I did.

I don't know what to do, I am proving that I have PERMANENT WORK, should I appeal? Also Maybe it has to do with the case that we changed names? We had the name "a" when I got hired and changed name to name "b" but I also submitted a letter with the legal stuff talking about the name change and that we are in fact the same company.

Don't know what to do.


what is your visa office and aor?
 

canuck_in_uk

VIP Member
May 4, 2012
31,554
7,201
Visa Office......
London
App. Filed.......
06/12
Question -

My Letter of Employment also states "permanent full time employment" but does not say "for at least one year after permanent residency."

However, I am applying via the PNP program, so I am not claiming points for future employment, and have 900 points at this point. Will my application be refused because of this wording on the letter? It's easy enough for me to get and submit a new one, and I'd rather do it sooner that later.

On the CIC website about job off letters, it states that these requirements are specific to CEC and FSW applicants, not PNP applicants, but I thought it would be worth seeking the forum's advice.
As you aren't claiming the 50 points for a job offer, it doesn't matter.
 
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