26 July, 2013; Refusal on Mar 2, 2014

[Goku]

My case was in those 10%.
I am sending a letter for reconsideration with supportive documents as proof of my job as supervisor.
What you guys think? VO will reconsider my case or not?
Any suggestions?

Good Luck buddy. Reconsidering your case depends on VO. If it his mistake he might reconsider, but if its your mistake then they mostly won't consider re-opening your file that what I learnt from other cases. So in your case VO misunderstood. So mostly he will re-open your case that what I hope.

 

[Harmandeep]

Thank you bro. I am also hoping the same because I didn't make any mistake in my case. It is just a case of misjudgment. I am hoping to get a positive reply from them.

 

[OHKIDDA]

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!!!

Wow. this is pretty shocking that he can dismiss your application because he felt you weren't qualified for it. it'd be one thing if the food supervisor role was REGULATED and required, by law, years of experience.

after i graduated, i worked in a position for which i didn't have any prior experience. i was hired because i was educated and gave a convincing interview. i'm sorry about your case. i wish i could suggest something more productive.

 

[evinecz]

I thought they stop accepting food supervisors as cec from november 2013 to october 2014

 

[nov1061]

I thought they stop accepting food supervisors as cec from november 2013 to october 2014

You are correct, but he applied in 26 July 2013.

 

[iamroth]

One thing I like to mention here. its an ugly truth. 80-90% cases, just to become eligible in CEC lots of Asian people start working in a restaurant. Most of the times those restaurant owner is an Asian too. we all know whats going on there. They create position to make you eligible. I know several people here, receive paycheck as a salary 50K per year. after every paycheck they just give the money back to the owner. Owner of the restaurant take all of these problems because either you are a family or friend , or you are paying him money or he is paying you less than minimum wage. Thats happened a lot in last 5-6 years, So VO become aware of those.

Only cause of people like this, immigration rules are becoming strict not only in Canada, but all over the world. But genuine applicants also have to pay the price.

 

[Harmandeep]

Yes only cause of the fraud cases I am paying the price too. This is really very disappointing.

 

[LPS]

That, and the idea that a 'supervisor' of anything is paid 12 bucks an hour.

 

[Navpreet Parmar]

Harmandeep.
feeling very sad for you, I also applied in July 2nd and waiting for MR, or VO reply. I don't understand why a VO don't make phone call or check with your employer about confirming your experience. And why he/she solely think you are not eligible?....
We all know how important is to get Canadian PR as we left our countries to be successful here. But, don't take VO decision very lightly. you can contact CIC and ask them you need 2nd assessment on your case.
or, go with PNP option if you can, don't let frustration go in your head for long time. Just find a path and start journey again.

 

[Harmandeep]

Harmandeep.
feeling very sad for you, I also applied in July 2nd and waiting for MR, or VO reply. I don't understand why a VO don't make phone call or check with your employer about confirming your experience. And why he/she solely think you are not eligible?....
We all know how important is to get Canadian PR as we left our countries to be successful here. But, don't take VO decision very lightly. you can contact CIC and ask them you need 2nd assessment on your case.
or, go with PNP option if you can, don't let frustration go in your head for long time. Just find a path and start journey again.

Thanks for your kind words Navpreet. Exactly, VO didn't even bother to inquire anything about my employment and he just made a decision very quickly. This is a big disappointment. Anyway life continues and I am trying my best to resolve it. Hope I get through this.

 

[Harmandeep]

See the below statement of HrSDC website under NOC 6311:

Employment requirements

Completion of secondary school is usually required.
Completion of a community college program in food service administration, hotel and restaurant management or related discipline
or
Several years of experience in food preparation or service are required.

it clearly reflecting the point which VO raised to refuse the application.

Employment requirements described in NOC are not applicable in CEC. So, it doesn't reflect anything in my case.

 

[Harmandeep]

I think I have mentioned above that I am trying to resolve this issue and I am not trying to prove anything here.I am just clarifying the doubt that were arising and it could help somebody else too. And yes good words really help when you have a difficult situation.
I appreciate your suggestion though. Thanks.

 

[LPS]

Employment requirements described in NOC are not applicable in CEC. So, it doesn't reflect anything in my case.

It's true that educational credentials are not a strict pass/fail requirement (as language test scores, for instance, are).

But that does not mean that education is completely irrelevant to CEC. It's part of an overall picture that includes salary, tax information - and, yes, the reputability of the employer - which illustrates whether the applicant is likely to have actually performed the duties.

I still think they should have asked you about these concerns rather than refusing your application outright.

 

[Harmandeep]

It's true that educational credentials are not a strict pass/fail requirement (as language test scores, for instance, are).

But that does not mean that education is completely irrelevant to CEC. It's part of an overall picture that includes salary, tax information - and, yes, the reputability of the employer - which illustrates whether the applicant is likely to have actually performed the duties.

I still think they should have asked you about these concerns rather than refusing your application outright.

Exactly, They should at least give me a chance to prove my credibility. But they didn't.

 

[sordi2006]

This made me so worried. I applied under 0631 (Assistant Bar Manager) and NOC also states that this position requires several years of supervisory experience. I graduated a few months before I got this position.

Did you receive your MR before you got this refusal letter?

Did you file an appeal already? How did you do it?