April 2012 PR applications

[sashali78]

This is the Letter of Refusal... Good thing I still have one more year for my working permit..

Dear ____________________,

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: Manager (NOC 0631).

I am not satisfied that you meet the skilled work experience requirement. While you have more than 24 months of full-time work experience as a Manager, you did not have authorization to accept work in this occupation. Your work permits did not allow you to work in any other occupation than a Food Service Supervisor. As per Regulation 87.1(3)(b), I cannot include any period of unauthorized work in the calculation of a period of work experience. As you have no other claimed work experience in Canada, you do not meet the skilled work experience requirement.

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,



Case Officer
Citizenship and Immigration Canada

Hi Gracy,

It looks to me that your application was rejected not as much as because of wrong NOC code filling but due to the fact that your authorized profession is in NOC D list which is not authorized for CEC applications...Unless you secure a new work permit which will authorize you to work at NOC 0,A or B occupations and gain at least additional 1 year of experience (based on new regulations from January 2013), you will not be eligible for PR..you may, however, be still eligible to apply under the new FSW stream... I know its not something you wanted to hear but that's the rules ...

 

[Red and Black]

Hi Gracy,

It looks to me that your application was rejected not as much as because of wrong NOC code filling but due to the fact that your authorized profession is in NOC D list which is not authorized for CEC applications...Unless you secure a new work permit which will authorize you to work at NOC 0,A or B occupations and gain at least additional 1 year of experience (based on new regulations from January 2013), you will not be eligible for PR..you may, however, be still eligible to apply under the new FSW stream... I know its not something you wanted to hear but that's the rules ...

I believe the issue is that she worked as a manager, however was only allowed to work as a supervisor. Please note that both jobs would be classified as skilled jobs under CEC.

Gracy I would suggest that you speak with a consultant regarding your situation.

 

[ujbaby]

I believe the issue is that she worked as a manager, however was only allowed to work as a supervisor. Please note that both jobs would be classified as skilled jobs under CEC.

Gracy I would suggest that you speak with a consultant regarding your situation.

yeah, agreed with u.. the letter didn't mention that she worked under unskilled occupation(NOC D) both occupations mentioned are skilled..so the best thing is to seek legal advice. she can as well work as food service supervisor according to her work permit and apply after gaining required hours..

 

[sashali78]

I believe the issue is that she worked as a manager, however was only allowed to work as a supervisor. Please note that both jobs would be classified as skilled jobs under CEC.

Gracy I would suggest that you speak with a consultant regarding your situation.

Can you explain what you mean by the statement that supervisor position being under skilled profession for CEC? The NOC of that occupation is 6***. As far as i am aware only occupations under digits 0-3 qualify for CEC (skills level 0,A and B by NOC 2012 classifications)

 

[sashali78]

yeah, agreed with u.. the letter didn't mention that she worked under unskilled occupation(NOC D) both occupations mentioned are skilled..so the best thing is to seek legal advice

They reject on a basis of check list. This time - wrong work authorization. Next will be that NOC is not valid for CEC (if NOC 6*** applied). I would double that it's better to consult with a lawyer before reapplying.

 

[khafinn]

If only they rejected his or her application after giving AOR not make them wait all this time,OMG this is really crazy,I am so nervous these days .

 

[Red and Black]

Can you explain what you mean by the statement that supervisor position being under skilled profession for CEC? The NOC of that occupation is 6***. As far as i am aware only occupations under digits 0-3 qualify for CEC (skills level 0,A and B by NOC 2012 classifications)

Skill Level 0: The first digit of the four letter NOC Code is 0.
Skill Level A: The second digit of the four letter NOC Code is 1.
Skill Level B: The second digit of the four letter NOC Code is either 2 or 3,

For instance in your case, your NOC Code is 2173 which falls under Skill Level A.

 

[ujbaby]

They reject on a basis of check list. This time - wrong work authorization. Next will be that NOC is not valid for CEC (if NOC 6*** applied). I would double that it's better to consult with a lawyer before reapplying.

wrong work authorization in the sense that she worked on an occupation other than what's listed in her work permit. it doesn't mean that she is unskilled
hi sashali78,, it looks like ur lacking some information.. food service supervisor is considered as skilled.. lots of people in this forum got their pr with the same NOC. visit this link . this noc is classified as level B
http://www.canadavisa.com/canada-immigration-discussion-board/application-for-cec-under-noc-6212-food-service-supervisor-t99310.15.html

 

[sashali78]

Skill Level 0: The first digit of the four letter NOC Code is 0.
Skill Level A: The second digit of the four letter NOC Code is 1.
Skill Level B: The second digit of the four letter NOC Code is either 2 or 3,

For instance in your case, your NOC Code is 2173 which falls under Skill Level A.

You missed my point - Food supervisor occupation is NOC code 6*** , which means it is Skill D occupation. So how come it can qualify under CEC?

 

[Red and Black]

You missed my point - Food supervisor occupation is NOC code 6*** , which means it is Skill D occupation. So how come it can qualify under CEC?

No no ... the NOC Code for Food Supervisor is 6212, which means it falls under Skill Level B. Please see my previous post. Forget about the first digit being 6. Unless the first digit is 0, it doesnt matter!

 

[ujbaby]

You missed my point - Food supervisor occupation is NOC code 6*** , which means it is Skill D occupation. So how come it can qualify under CEC?

check the link that i sent.. it is under level B

 

[sashali78]

Ah, i see now. My mistake. Sorry guys

 

[ujbaby]

Ah, i see now. My mistake. Sorry guys

that's alright.. we are all here to learn.

 

[Red and Black]

that's alright.. we are all here to learn.

thumbs up!

 

[rosty2]

Thumbs up to Ujbaby , Red and black. Please Gracie our hearts with you, reapply with the right noc. to cheer you up, never mind today's sacrifices but tomorrow's wealth.