205 c (ii) refusal

[gaganlohara]

Thank you for your interest in working in Canada. After careful review of your work permit
application and supporting documentation under the International Mobility Program, I have
determined that your application does not meet the requirements of the Immigration and Refugee
Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing
your application on the following grounds:


• Eligibility for a work permit in this category only applies to the spouse or common-law
partner of a work permit holder who is doing work that is at a level that falls within National
Occupational Classification (NOC) skill levels 0, A or B.

• You have not adequately demonstrated that you meet the requirements of a spousal
open work permit pursuant to section 205(c)(ii) of the Regulations
.
You are welcome to reapply if you feel that you can respond to these concerns and can
demonstrate that your situation meets the requirements. All new applications must be
accompanied by a new processing fee

can you tell me ? this is only 1 reason of refusal nd what is this i didn't understand.

 

[Bs65]

So did you actually apply for a spouse work permit ? If so what type of permit does you spouse hold ? Seems clear that either you did not show proof your spouse has a skilled job or you didnt show enough proof or maybe you applied for the wrong permit.

 

[gaganlohara]

So did you actually apply for a spouse work permit ? If so what type of permit does you spouse hold ? Seems clear that either you did not show proof your spouse has a skilled job or you didnt show enough proof or maybe you applied for the wrong permit.

yeah my spouse hold temporary work visa after complete study. Nd she have full time job as a baker in tim hortan nd we have all proof of relationship nd marriage

 

[Copingwithlife]

yeah my spouse hold temporary work visa after complete study. Nd she have full time job as a baker in tim hortan nd we have all proof of relationship nd marriage

I believe that position is NOC skill level D, hence it’s not a qualifying position

 

[scylla]

yeah my spouse hold temporary work visa after complete study. Nd she have full time job as a baker in tim hortan nd we have all proof of relationship nd marriage

This is why the application was refused.

She needs to have a NOC A, B or 0 role in order for you to qualify for an open work permit. The job she holds is categorized as kitchen helper / food counter attendant (not baker). She falls under NOC 6711. This is not a skilled role - it's classified as skill level D. She would need to find a new job that is skill level A, B or 0 in order for you to qualify for an open work permit.

You were correctly refused.

 

[gaganlohara]

I believe that position is NOC skill level D, hence it’s not a qualifying position

No i was check on cic site. This job is under noc b

 

[gaganlohara]

This is why the application was refused.

She needs to have a NOC A, B or 0 role in order for you to qualify for an open work permit. The job she holds is categorized as kitchen helper / food counter attendant (not baker). She falls under NOC 6711. This is not a skilled role - it's classified as skill level D. She would need to find a new job that is skill level A, B or 0 in order for you to qualify for an open work permit.

You were correctly refused.

No. She is a baker not kitchen helper. Baking donuts,bread nd muffins. Nd full time job. I was check on cic site, her job is under noc b.

 

[canuck78]

Don’t most of the baked goods at Tim Horton come in already prepared or already prepared and all you have to do is put in the oven? Is your spouse mixing ingredients and baking from scratch?

 

[Bs65]

You do not need to convince anyone here as opposed to IRCC so if they are not convinced she is a qualified baker who has a baking qualification for example or a trade certification as per the NOC description

https://noc.esdc.gc.ca/Structure/NocProfile/bd6450e5887f40309a2f78d25ec26a2f?objectid=8RodjUXEc9KGSzRhfJKZzkWATqQQUvfSeDJp+aKgnSz+Z/eFfHaAszEKFetcY8eM

 

[gaganlohara]

You do not need to convince anyone here as opposed to IRCC so if they are not convinced she is a qualified baker who has a baking qualification for example or a trade certification as per the NOC description

https://noc.esdc.gc.ca/Structure/NocProfile/bd6450e5887f40309a2f78d25ec26a2f?objectid=8RodjUXEc9KGSzRhfJKZzkWATqQQUvfSeDJp+aKgnSz+Z/eFfHaAszEKFetcY8eM

Is this job in under NOC B?

 

[scylla]

Is this job in under NOC B?

Yes - this job is NOC B.

The issue is that IRCC typically does not consider bakers at fast food restaurants as falling under this NOC. IRCC instead classifies bakers at fast food restaurants under NOC 6711 which is NOC D. This is because bakers at fast food restaurants typically do not perform all of the duties of the baker NOC.

I would recommend ordering your GCMS notes to see the detailed reasons behind the refusal.

Good luck.

 

[Miss bee]

Don’t most of the baked goods at Tim Horton come in already prepared or already prepared and all you have to do is put in the oven? Is your spouse mixing ingredients and baking from scratch?

You can get job letter from tim hortons as a baker and mentione you’re job duties. It’s skill level B job. I think he considered you as skill level D

 

[Buletruck]

Might be difficult given the education requirements to convince IRCC

Employment requirements
Completion of secondary school is usually required.
Completion of a three- or four-year apprenticeship program for bakers
or
Completion of a college or other program for bakers is usually required.

 

[canuck78]

Is this job in under NOC B?

Are they baking from scratch? I think that is the big issue. They either are mixing prepared ingredients or putting baked goods that are already prepared and putting them in the oven.

 

[Balwinder singh bhandari]

Hello sir
recently I got rejection which in these reason. Please give me advice what can I do to reapply .You have not adequately demonstrated that you meet the requirements of a spousal open work permit pursuant to section 205(c)(ii) of the Regulations.
• You have not established that you are the spouse or that you meet the definition of common-law partner, as defined in the IRPR.