Received "Procedural Fairness" letter. How to proceed.

[McHoagie]

Hey folks,

I just received a "Procedural Fairness Letter" regarding the visa officer questioning my claimed work experience.

I applied with two years work experience under NOC 6311-Food Service Supervisors. I received a PGWP and started this job In late July 2014, after graduating in May 2014 with a BA in Sociology from a Canadian University.

The visa officer issues "serious concern" regarding how I managed to get a supervisor position, without what he calls "significant experience in a professional kitchen". And wants whatever prove and explanation I can provide if this claim is valid and why/how I've been hired.

My employer hired me as a supervisor, due to my communication skills, background in market research and well, two years of fast word employment. I received a manager position just a month ago, so while not relevant to the application, it shows my employer is at the very least happy with my work.


My previous manager, who left the business a month ago, offered to write a letter of explanation on why he thought I was qualified and further elaborating on my job description, etc.

I can get something similar from the owner and current general manager, on top of my initial contract, letter of recommendation, etc. I m going to add an LoE explaining that the only reason I kept this job for so long was due to this position, even though I could've worked at other places for higher compensation.

Do you people think this is sufficient material to satisfy the V.O.? I appreciate any sort of input.

 

[aminahc1]

Can you get it on company letterhead?

 

[McHoagie]

Can you get it on company letterhead?

Yes, from the current manager. Not from my prior, since he stopped working there a month back.

 

[crescent_jam]

Hey folks,

I just received a "Procedural Fairness Letter" regarding the visa officer questioning my claimed work experience.

I applied with two years work experience under NOC 6311-Food Service Supervisors. I received a PGWP and started this job In late July 2014, after graduating in May 2014 with a BA in Sociology from a Canadian University.

The visa officer issues "serious concern" regarding how I managed to get a supervisor position, without what he calls "significant experience in a professional kitchen". And wants whatever prove and explanation I can provide if this claim is valid and why/how I've been hired.

My employer hired me as a supervisor, due to my communication skills, background in market research and well, two years of fast word employment. I received a manager position just a month ago, so while not relevant to the application, it shows my employer is at the very least happy with my work.


My previous manager, who left the business a month ago, offered to write a letter of explanation on why he thought I was qualified and further elaborating on my job description, etc.

I can get something similar from the owner and current general manager, on top of my initial contract, letter of recommendation, etc. I m going to add an LoE explaining that the only reason I kept this job for so long was due to this position, even though I could've worked at other places for higher compensation.

Do you people think this is sufficient material to satisfy the V.O.? I appreciate any sort of input.

I think these documents should more than suffice. Honestly, I don't know why it's so hard to believe someone could graduate with a Bachelor's and get a Food Service Supervisor job right away - most of the persons in my undergraduate programme graduated and moved straight into Assistant Manager and Managerial level positions with only the Degree and part-time student employment/ summer internship experience under their belts. Sorry you to have to go through all this.

As aminahc1 said, try to ensure the letters from your owner and current manager are on letter head, and try to get the letter from your previous manager endorsed in some way (e.g. notarized).

 

[McHoagie]

I think these documents should more than suffice. Honestly, I don't know why it's so hard to believe someone could graduate with a Bachelor's and get a Food Service Supervisor job right away - most of the persons in my undergraduate programme graduated and moved straight into Assistant Manager and Managerial level positions with only the Degree and part-time student employment/ summer internship experience under their belts. Sorry you to have to go through all this.

As aminahc1 said, try to ensure the letters from your owner and current manager are on letter head, and try to get the letter from your previous manager endorsed in some way (e.g. notarized).

That's why I was thinking. To be frank this job is a terrible job, and I would have jumped ship several times, IF not for the position as a supervisor and now manager. I suppose you're right and maybe I'm worrying too much and confirmation from both my bosses should be enough, at least I hope so.

Maybe I can get my current boss to sign off on the letter of old one, or even get it notarized. I have a letter of recommendation as well and I should maybe emphasize on the fact that I was made an assistant manager as well.

Any other ideas what I should provide/do?

 

[crescent_jam]

That's why I was thinking. To be frank this job is a terrible job, and I would have jumped ship several times, IF not for the position as a supervisor and now manager. I suppose you're right and maybe I'm worrying too much and confirmation from both my bosses should be enough, at least I hope so.

Maybe I can get my current boss to sign off on the letter of old one, or even get it notarized. I have a letter of recommendation as well and I should maybe emphasize on the fact that I was made an assistant manager as well.

Any other ideas what I should provide/do?

The only other thing I could possibly think of is searching any job boards for current Food Service Supervisor ads and, if the job requirements don't ask for several years of experience in a commercial kitchen, you can include these job advertisements with your documentation to show IRCC that other employers don't see that as a necessary requirement either. But that will require a lot of extra work (and there's no guarantee you'd find such job ads). I'm not IRCC of course, but I think the documents you're planning to provide are more than enough.

 

[McHoagie]

The only other thing I could possibly think of is searching any job boards for current Food Service Supervisor ads and, if the job requirements don't ask for several years of experience in a commercial kitchen, you can include these job advertisements with your documentation to show IRCC that other employers don't see that as a necessary requirement either. But that will require a lot of extra work (and there's no guarantee you'd find such job ads). I'm not IRCC of course, but I think the documents you're planning to provide are more than enough.

I appreciate the input, mate. I really do. Sounds good. I don't however want to make the V.O. to get the impression I'm being condescending. Last thing I want is him or her being pissed off.

 

[all_iz_well]

I did receive a "Procedural Fairness" letter earlier this year for my Ontario PNP application. I gave them explanation letter along with additional documents and a recommendation letter from my local MP.

Send them the following documents:
1. Updated job letter with past and present position, duties, salaries and benefits.
2. T4 (all the years you have been working), NOA and all pay stabs.
3. Photos of parties at your restaurant with your colleagues and customers/guests.
4. A supporting letter from your local MP and MPP. This is very effective.
5. Write a LOE and explain and challenge the concerns that CIC . Politely.

You will win if you follow the steps.

Good luck.

 

[McHoagie]

I did receive a "Procedural Fairness" letter earlier this year for my Ontario PNP application. I gave them explanation letter along with additional documents and a recommendation letter from my local MP.

Send them the following documents:
1. Updated job letter with past and present position, duties, salaries and benefits.
2. T4 (all the years you have been working), NOA and all pay stabs.
3. Photos of parties at your restaurant with your colleagues and customers/guests.
4. A supporting letter from your local MP and MPP. This is very effective.
5. Write a LOE and explain and challenge the concerns that CIC . Politely.

You will win if you follow the steps.

Good luck.

Thank you for your input. Just a question regarding the letter from the local MP. What exactly do I ask for to be "supported"?

 

[all_iz_well]

Thank you for your input. Just a question regarding the letter from the local MP. What exactly do I ask for to be "supported"?

MPs receive a lot of request for these type of issues and they know what to write.
You just book an appointment with MP or MPP and explain your situation to them.
They will write what needed to be written.

In my case, they wrote- "I have been living in Ontario for 6 years and they want people like me in Canada who is paying taxes and contributing in the economy.

This letter worked like magic and my PNP was approved in 3 moths.

 

[avnee]

I’m June 2018 PNP Saskatchewan applicant
Hello guys
Need help regarding the procedural fairness letter I received for my pnp PR application. I went back to home country in March 2020, for just less than 2 months and got stuck in Covid. However got back on December 1, now under quarantine.
The officer said in the letter:
“”””Job Offer / Intent to reside
According to the information provided within your application for Permanent Residency, you left Canada in March 2020 and have been in India since that date.
Your current work permit is restricted to Subway and the nomination is based on your intent to reside in the province of Saskatchewan.
Based on the information you provided on August 17, 2020, I am not satisfied that you intend to reside in the province that nominated you and that you still have a valid job offer.
Before I make a final decision, you may submit additional information relating to this issue.
You have 30 days from the date of this letter to submit additional information to me via your MyCIC account.
If you choose not to respond with additional information I will make my decision based on the information before me, which may result in the refusal of your application.
I look forward to receiving your additional information.””””
However, while I was in India, my owner sold the subway to someone else! The new employer would give me work as my WP is under that subway as it mention subway and location of the town I work in on my work permit. So, if I provide job offer from the new owner of subway and a photo of weekly schedule that I’m working at the same location along with my residency proof like rental agreement, would that be sufficient?

please help! Thank you

 

[Maverick28]

I’m June 2018 PNP Saskatchewan applicant
Hello guys
Need help regarding the procedural fairness letter I received for my pnp PR application. I went back to home country in March 2020, for just less than 2 months and got stuck in Covid. However got back on December 1, now under quarantine.
The officer said in the letter:
“”””Job Offer / Intent to reside
According to the information provided within your application for Permanent Residency, you left Canada in March 2020 and have been in India since that date.
Your current work permit is restricted to Subway and the nomination is based on your intent to reside in the province of Saskatchewan.
Based on the information you provided on August 17, 2020, I am not satisfied that you intend to reside in the province that nominated you and that you still have a valid job offer.
Before I make a final decision, you may submit additional information relating to this issue.
You have 30 days from the date of this letter to submit additional information to me via your MyCIC account.
If you choose not to respond with additional information I will make my decision based on the information before me, which may result in the refusal of your application.
I look forward to receiving your additional information.””””
However, while I was in India, my owner sold the subway to someone else! The new employer would give me work as my WP is under that subway as it mention subway and location of the town I work in on my work permit. So, if I provide job offer from the new owner of subway and a photo of weekly schedule that I’m working at the same location along with my residency proof like rental agreement, would that be sufficient?

please help! Thank you

In my opinion, it will be hard to justify saying you got stuck as the travel restrictions were lifted somewhere in mid 2020 and you could have easily traveled to Canada but you came back last week. However, you can submit the documents supporting your claims and see if the officer accepts those.

 

[avnee]

In my opinion, it will be hard to justify saying you got stuck as the travel restrictions were lifted somewhere in mid 2020 and you could have easily traveled to Canada but you came back last week. However, you can submit the documents supporting your claims and see if the officer accepts those.

I tried everything I possibly could to return as soon as possible. The mistake I did was I went back after extending my work permit but without the visa to return. However, before going I called cic to ask if I could get visa in india and they said yes it will take 8 days and I can get visa and return. But No one knew the lockdown will be this worse and Visa Centers in India closed down till October when they resumed partial service like courier for approved visas. I went in March and applied for visa in April which was approved july 30. Therefore, later received the visa on November 13 and December 1 arrived back.
I know I made a mistake but totally not knowing that Covid lockdown will shut everything and makes the procedures so hard for visas

 

[Maverick28]

I tried everything I possibly could to return as soon as possible. The mistake I did was I went back after extending my work permit but without the visa to return. However, before going I called cic to ask if I could get visa in india and they said yes it will take 8 days and I can get visa and return. But No one knew the lockdown will be this worse and Visa Centers in India closed down till October when they resumed partial service like courier for approved visas. I went in March and applied for visa in April which was approved july 30. Therefore, later received the visa on November 13 and December 1 arrived back.
I know I made a mistake but totally not knowing that Covid lockdown will shut everything and makes the procedures so hard for visas

You should explain this in the letter of explanation with your supporting documents.

 

[avnee]

Yes I will explain and provide email evidence and web forms I sent to cic to get the visa ASAP!
thank you for replying! Appreciate you reading my thread!