CEC : Difficult Case

[softfuel12]

Hi All,

My friend's profile:

• Landed: Aug 2012
• College & Course: Humber College, Project Management (8 Months)
• Joining Date & Job Title: May 2013, IT Project Manager
• Work Permit Expiring: August 2014
• Eligbile for CEC as per requirements mentioned on CIC website
• NOC Code: A

We went to Immigration Lawyer for starting the PR application under CEC. I know it is not difficult applying PR by our own but there is a problem and the case is not very simple the minimum wage for that occupation is $19 and his wage is $15. So that was the reason we wanted to hire a lawyer but the Lawyer said that the application has high chances of rejection due to low wage. I've heard this a lot but never found anything on CIC website all I can find was this:

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=665&t=6

I know there is not much hope but I want to know if my case gets rejected who can be the best lawyer to challenge the decision in Federal court? Anyone with similar experience? Also, is there anything else that can be done now??

Thanks a lot for reading,

 

[Mike1981]

Hi All,

My friend's profile:

• Landed: Aug 2012
• College & Course: Humber College, Project Management (8 Months)
• Joining Date & Job Title: May 2013, IT Project Manager
• Work Permit Expiring: August 2014
• Eligbile for CEC as per requirements mentioned on CIC website
• NOC Code: A

We went to Immigration Lawyer for starting the PR application under CEC. I know it is not difficult applying PR by our own but there is a problem and the case is not very simple the minimum wage for that occupation is $19 and his wage is $15. So that was the reason we wanted to hire a lawyer but the Lawyer said that the application has high chances of rejection due to low wage. I've heard this a lot but never found anything on CIC website all I can find was this:

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=665&t=6

I know there is not much hope but I want to know if my case gets rejected who can be the best lawyer to challenge the decision in Federal court? Anyone with similar experience? Also, is there anything else that can be done now??

Thanks a lot for reading,

CIC and case processing has nothing to do with your $$. I have seen variety of $$ salary/hourly, but never encounter with someone who has been rejected because he/she made x amount of $.

 

[softfuel12]

CIC and case processing has nothing to do with your $$. I have seen variety of $$ salary/hourly, but never encounter with someone who has been rejected because he/she made x amount of $.

Thanks Mike,

What my lawyer said that CIC will reject your application stating that 'the officer did not believe the applicant was performing the role stated and the root cause of that would be your salary not matching your duties'.

 

[Hichaman]

can we know the name of the employer is it a big company, IT project manager gets a lot higher than that, he should probably apply for IT project management support or Technical Service Specialist, thats too IT project management, I understand from CIC that they don't care how much you make, as long as the job matches one of the NOC.

 

[maza]

the lawyer is just so stupid. Listen, they do not care about your income, get an excellent clear letter stating all duties you will 100% do well and become a PR

Good Luck

 

[softfuel12]

can we know the name of the employer is it a big company, IT project manager gets a lot higher than that, he should probably apply for IT project management support or Technical Service Specialist, thats too IT project management, I understand from CIC that they don't care how much you make, as long as the job matches one of the NOC.

The employer is a small IT company in downtown Toronto, I know they are exploiting but when options are limited you tend to choose whatever comes to you. Also, it was not known that wage is such a big issue. I tried went through all the NOC codes but couldn't find anything like IT Project Coordinator, Project Support etc. Thanks for the suggestion though.

 

[softfuel12]

the lawyer is just so stupid. Listen, they do not care about your income, get an excellent clear letter stating all duties you will 100% do well and become a PR

Good Luck

Good Luck and positive people like you is all earth needs right now.

 

[gladaki]

Good Luck and positive people like you is all earth needs right now.

I second about lawyer. Ask him to apply. I know people who worked at Project Manager IT in university and got PR with 14$ per hour

Aki

 

[dbss]

The lawyer says "don't apply"....what other choices does your friend have?

It's not like he has more time on his hand..As others said apply and make sure you include everything...

ask your friend to make sure his employer backs up everything they write in letter because given the circumstances, chances are high...

 

[softfuel12]

I second about lawyer. Ask him to apply. I know people who worked at Project Manager IT in university and got PR with 14$ per hour

Aki

Thanks a lot for the information Aki. Feeling positive.

 

[softfuel12]

The lawyer says "don't apply"....what other choices does your friend have?

It's not like he has more time on his hand..As others said apply and make sure you include everything...

ask your friend to make sure his employer backs up everything they write in letter because given the circumstances, chances are high...

Thanks, We will definitely apply for PR.

 

[LPS]

Wow... people are getting screwed on salary.

Of course salary matters to some extent or they wouldn't ask, but you won't get refused for a salary that is slightly lower than normal. Salary is only part of the overall picture that includes your duties, your level of education, the reputability of your employer, etc. If too many of these factors cause them to suspect that you aren't actually performing your duties, that's when you need to be concerned.

 

[jshziris]

I have heard of a couple people getting rejected because of low salary level, CEC says something like they don't believe the applicants are performing such high level of responsibility because they get paid so low.
However - correct me if I'm wrong - in this case letter from the employer becomes especially important, they can explain that although they couldn't give the employee a good paycheck, the employee indeed perform the full responsibilities for the job (then attach a list of duties), and leave a contact number.

 

[AnilGurung]

LOL. Typical lawyer.. YO YOU NEED TO SPEND 4k-6K ON MY SERVICES.
The most important rule on CEC is your work reference letter and of course all your documents must be in proper order)
It has to be strong and prove that despite the low wage () that you are working as per the duties states.
They might maybe call your friend's job to clarify but that is not a problem.

Just make sure to include all T4 and pay stubs ^^

Good luck

 

[softfuel12]

Wow... people are getting screwed on salary.

Of course salary matters to some extent or they wouldn't ask, but you won't get refused for a salary that is slightly lower than normal. Salary is only part of the overall picture that includes your duties, your level of education, the reputability of your employer, etc. If too many of these factors cause them to suspect that you aren't actually performing your duties, that's when you need to be concerned.

Thanks LPS for the information.

I have heard of a couple people getting rejected because of low salary level, CEC says something like they don't believe the applicants are performing such high level of responsibility because they get paid so low.
However - correct me if I'm wrong - in this case letter from the employer becomes especially important, they can explain that although they couldn't give the employee a good paycheck, the employee indeed perform the full responsibilities for the job (then attach a list of duties), and leave a contact number.

Thanks. That's exactly we will be doing. This case needs a very strong reference letter.

LOL. Typical lawyer.. YO YOU NEED TO SPEND 4k-6K ON MY SERVICES.
The most important rule on CEC is your work reference letter and of course all your documents must be in proper order)
It has to be strong and prove that despite the low wage () that you are working as per the duties states.
They might maybe call your friend's job to clarify but that is not a problem.

Just make sure to include all T4 and pay stubs ^^

Good luck

Thanks Anil for your inputs.

The lawyer was correct. This application has 99% of chance for rejection. All the people in this forum seeking for immigration under CEC, we are little bit better than uneducated homeless people at least. I think we all know what "IT Project Manager" means.I am sure people in this forum never heard an IT project Manager makes 15$/hr. But if its true , then the VO will think probably an Indian man start an IT business using his 10 1980's laptop for human trafficking.

Finally someone who shares the same view as the lawyer. I am not sure what you want to say here. What's with the homeless thing? the Indian man thing & human trafficking?? Kindly elaborate.