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26 July, 2013; Refusal on Mar 2, 2014

Harmandeep

Member
Mar 6, 2014
18
0
Dear ABC :

I have now completed the assessment of your application for a permanent resident visa as a member of the Canadian Experience Class and have determined that you do not meet the requirements for immigration to Canada.
According to the Immigration and Refugee Protection Regulations, applicants in the Canadian Experience Class are assessed on the basis of the pass/fail requirements set out in subsection R87.1(2). The assessment of these criteria determines whether a worker with Canadian experience will be able to become economically established in Canada. The criteria are:
· knowledge of English or French,
· Canadian skilled work experience,
· Canadian educational credentials (for the Post-Graduation Stream only).
Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada: 6311 Food service supervisor occupation


I am not satisfied that you meet the skilled work experience, requirement(s): you state to have worked as Food service supervisor from July 2012 to July 2013. .According to the HRSDC Occupational Classification, the NOC under which you state to have acquired your work experience is of a supervisory nature and usually requires several years of experience in food preparation. Since you graduated from Centennial College in Business on April 2012 and your application does not indicate you had acquired such experience, I cannot accept your employment documentation as proof that you were employed in your claimed occupation.

Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. Subsection 2(1) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.
Following an examination of your application, I am not satisfied that you meet the requirements of the Act and Regulations for the reasons explained above. I am therefore refusing your application.

Thank you for the interest you have shown in Canada.

Yours sincerely,


Don't know what should I do next? I performed this job genuinely since I was studying. Visa refused by saying that I wasn't employed for this position. Very disappointed!!
Is there anybody having idea about such a case! How should I proceed now? There is problem with misjudgment in my case that's what I think.
Any suggestions!!!
 

lpc19800

Champion Member
May 21, 2013
1,288
114
Canada
Category........
Visa Office......
CPP-O
NOC Code......
1223
Job Offer........
Pre-Assessed..
App. Filed.......
January 14 2013
AOR Received.
February 24 2013
Med's Request
November 13, 2013
Med's Done....
December 5, 2013
Interview........
Waived: RPRF requested: November 13, 2013
Passport Req..
Visa exempt
VISA ISSUED...
January 6, 2014
LANDED..........
January 29, 2014
Did you send the reference letter with duties?
I kind of see their point - you had a supervisory role with no prior experience. Your job may well be genuine but it sounds like you didn't provide enough proof
 

Harmandeep

Member
Mar 6, 2014
18
0
Yes, I have sent my employment letter with jobs and duties. I think officer didn't even bother to inquire that I was actually working as a supervisor. Isn't it should be up to employer that who is qualified to work for him and who is not? He said I wasn't qualified for this job but truth is that I actually performed this job with actual duties and responsibilities. I don't know what other proof I could represent?
Should I send reconsideration letter now??
 

samir3132

Champion Member
Jun 15, 2010
1,211
12
Visa Office......
cpp
NOC Code......
1215
App. Filed.......
Nov 22, 2013
AOR Received.
Jan 08, 2014
IELTS Request
submitted with application
File Transfer...
Jan 11, 2014
Med's Request
June 04 2014
Med's Done....
June 06 2014
Passport Req..
sep 26,2014
VISA ISSUED...
06 Oct 2014
LANDED..........
Feb 01 2015
can you write what experience you write in employment or work history? is it your first job as food service supervisor?
 

7799

Star Member
Aug 20, 2012
181
5
Job Offer........
Pre-Assessed..
How much pay you are getting as a supervisor?
Is it fast food restaurant?
 

MenicMonday

Hero Member
Feb 25, 2014
543
20
Agree with lpc. My understanding of their letter is that you graduated April 2012 and immediately worked as a Supervisor, and the VO did not see any career progression (to samir's point of your other work experience).
The takeaway here is that CIC will not just look at the 1-year minimum experience but take the overall condition of the applicant (e.g. is he really qualified for the job/NOC and did he demonstrate this well enough?)

In any case, I hate for this to happen to anyone after months of waiting.
 

kunwar2013

Full Member
Nov 14, 2013
39
0
Its unfortunate. Not everyone needs experience to get to a managerial or supervisory position. If someone has attended business school then this is the kind of job that they will get after completing their studies.
Obviously you can't join directly as senior manager or on any senior post.

But according to my understand, a business school pass out will get managerial or supervisory job only.
 

alijumani

Champion Member
Jan 11, 2011
1,776
147
Toronto
Category........
CEC
LANDED..........
09-08-2015
Harmandeep said:
Dear ABC :

I have now completed the assessment of your application for a permanent resident visa as a member of the Canadian Experience Class and have determined that you do not meet the requirements for immigration to Canada.
According to the Immigration and Refugee Protection Regulations, applicants in the Canadian Experience Class are assessed on the basis of the pass/fail requirements set out in subsection R87.1(2). The assessment of these criteria determines whether a worker with Canadian experience will be able to become economically established in Canada. The criteria are:
· knowledge of English or French,
· Canadian skilled work experience,
· Canadian educational credentials (for the Post-Graduation Stream only).
Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada: 6311 Food service supervisor occupation


I am not satisfied that you meet the skilled work experience, requirement(s): you state to have worked as Food service supervisor from July 2012 to July 2013. .According to the HRSDC Occupational Classification, the NOC under which you state to have acquired your work experience is of a supervisory nature and usually requires several years of experience in food preparation. Since you graduated from Centennial College in Business on April 2012 and your application does not indicate you had acquired such experience, I cannot accept your employment documentation as proof that you were employed in your claimed occupation.

Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. Subsection 2(1) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.
Following an examination of your application, I am not satisfied that you meet the requirements of the Act and Regulations for the reasons explained above. I am therefore refusing your application.

Thank you for the interest you have shown in Canada.

Yours sincerely,


Don't know what should I do next? I performed this job genuinely since I was studying. Visa refused by saying that I wasn't employed for this position. Very disappointed!!
Is there anybody having idea about such a case! How should I proceed now? There is problem with misjudgment in my case that's what I think.
Any suggestions!!!
I am very sorry to hear that. Did they sent you Medical request or they just sent you an email of the same after AOR?
 

Felix14

Star Member
Nov 7, 2013
153
5
This news is really disapointing, the criteria states that u need to have
1 yr experience in the skill job, english proficiency, now they will reject your
Application because of your education?

Nonsense
 

Harmandeep

Member
Mar 6, 2014
18
0
Yes, It was my first job as a supervisor but, I was already working part time for the same restaurant and I was just promoted to Supervisor position after my graduation. I did everything as per CEC requirement and I really did this job with honestly. It is very disheartening to get such a response after all the hard work I did.

Should I send reconsideration letter now to convince them that I am actually qualified for this job?
 

alijumani

Champion Member
Jan 11, 2011
1,776
147
Toronto
Category........
CEC
LANDED..........
09-08-2015
Harmandeep said:
Yes, It was my first job as a supervisor but, I was already working part time for the same restaurant and I was just promoted to Supervisor position after my graduation. I did everything as per CEC requirement and I really did this job with honestly. It is very disheartening to get such a response after all the hard work I did.

Should I send reconsideration letter now to convince them that I am actually qualified for this job?
You should ask your employer to give you a good corrector / recommendation letter and also consult with good immigration lawyer.
 

Malko

Full Member
Mar 2, 2012
27
0
Category........
Job Offer........
Pre-Assessed..
Just wondering,

is it a big restaurant/fast food chain, or was the job experience gained in a small, private business without a web-page, etc.?
 

albrye

Star Member
Feb 25, 2014
92
0
Vancouver
Category........
Visa Office......
CPP-OTTAWA
NOC Code......
2211/2212
Job Offer........
Pre-Assessed..
App. Filed.......
08-AUGUST-2013
Doc's Request.
12-MARCH-2014
AOR Received.
10-OCT-2013
Med's Request
25-MAR-2014
Med's Done....
10-APR-2014
Passport Req..
23-APR-2014
VISA ISSUED...
2-MAY-2014
LANDED..........
8-MAY-2014
wow even though you met all the requirements, the VO still denied your PR based solely on his/her on discretion??? :eek: This is a first for me. Your case is unusual indeed.
 

Felix14

Star Member
Nov 7, 2013
153
5
I totally agree albyre, not even reconsidering, or give him a chance
To prove what he is claiming.

I advise good immigration lawyer.
 

Hellinfy

Full Member
Apr 6, 2011
48
0
Toronto , Canada
Category........
Visa Office......
CPC O
NOC Code......
2171
Job Offer........
Pre-Assessed..
App. Filed.......
05-03-2014
AOR Received.
25-03-2014
IELTS Request
Sent with the application
File Transfer...
25-03-2014
Med's Request
RPRF paid - 28-03-2015
Med's Done....
Upfront -14-02-2015
Interview........
waived
Passport Req..
22-05-2015
VISA ISSUED...
10-06-2015
LANDED..........
04-08-2015
Sorry to hear about your case..its so disappointing :(
Consult an immigration lawyer on next steps..Hope you find a way.