CEC Got rejected, what should I do......

[iv_ca]

Just got a email from CIC said that my application is rejected due to the job title issue.

I worked for a bar for 12 months (as a bar manager) and applied the CEC, and hired a consultant to do it.
However, the consultant told me to apply under NOC 9213 (supervisor, food and beverage processing) instead of NOC 0631 (Restaurant and food service managers) due to the lower average wage.

I went ahead (I know I did it wrong NOW). Sent the application on Sep 2014, and got the FN on Feb 2015.
Then I received a email from CIC said that he needed additional info to prove that I worked as a NOC 9213, because he think that I am more like working as NOC 6311 (Food service supervisors)

Sent the email to CIC to explain what I worked and just 2 days, they sent me the rejection letter.

Here is what I got from email, WHAT SHOULD I DO?????? it been 20 months and just told me this? And I am about to start my own company. Should I find my local MP or any help please.

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: 9213


· knowledge of English or French,


· Canadian skilled work experience,


· temporary resident status during the period of work experience in Canada


Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada:


I am not satisfied that you meet the skilled work experience requirement because:


I note that you have provided an explanation letter in response to the procedural fairness letter sent to you on April 15th, 2016. However having considered the new information, I am still not satisfied that the applicant meets the lead statement and performs a substantial number of duties as set out in R87.1.


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.


Regards,

 

[OhWow]

Your consultant is an idiot! Your wage has nothing to do with the duties / title you performed. You must match the job title and duties with the NOC. It was obviously "manager" and not a supervisor in the "Processing" department... a processing is someone who processes food for instance, as in production, not managing or leading a production, least to say a bar manager.

You could try to write a letter asking for reconsideration (and screw that consultant! Don't get him involved!). Did you have a closed work permit reflecting your "CORRECT" NOC (0631), i.e. that of a manager? Then, also provide a letter of employment reflecting the correct Duties and Title.

How did they determine you applied under NOC 9213? Was the (wrong) NOC entered in your application specifically or the job title related to NOC 9213?

 

[vanbc2015]

Did you receive any correspondence after FN in Feb 2015?

Just got a email from CIC said that my application is rejected due to the job title issue.

I worked for a bar for 12 months (as a bar manager) and applied the CEC, and hired a consultant to do it.
However, the consultant told me to apply under NOC 9213 (supervisor, food and beverage processing) instead of NOC 0631 (Restaurant and food service managers) due to the lower average wage.

I went ahead (I know I did it wrong NOW). Sent the application on Sep 2014, and got the FN on Feb 2015.
Then I received a email from CIC said that he needed additional info to prove that I worked as a NOC 9213, because he think that I am more like working as NOC 6311 (Food service supervisors)

Sent the email to CIC to explain what I worked and just 2 days, they sent me the rejection letter.

Here is what I got from email, WHAT SHOULD I DO?????? it been 20 months and just told me this? And I am about to start my own company. Should I find my local MP or any help please.

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: 9213


· knowledge of English or French,


· Canadian skilled work experience,


· temporary resident status during the period of work experience in Canada


Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada:


I am not satisfied that you meet the skilled work experience requirement because:


I note that you have provided an explanation letter in response to the procedural fairness letter sent to you on April 15th, 2016. However having considered the new information, I am still not satisfied that the applicant meets the lead statement and performs a substantial number of duties as set out in R87.1.


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.


Regards,

 

[sundip111]

I can understand your pain as my application got rejected first time. The reason of refusal was similar, VO was not satisfied with the duties and number of hours. Your lawyer/consultant might have added wrong duties that didn't match to your NOC.

I met few lawyers for appealing CIC about reconsidering the decision and decided not to do it because none of them was sure that CIC will finish the appeal quickly, it may take longer than a new application.

The only difference between your application and mine is, if you want to apply again you will have to use express entry and that is another trouble.

You may need to try multiple options:

- Hire a good lawyer and appeal to CIC, make sure you have all the details about your application - a copy
- Meeting your local MP may help
- Try getting LMIA with help of your employer
- Create express entry profile, there are many draws happening every month, you never know

Good luck. Time will pass no matter good or bad.

 

[BritCan89]

I think the issue you have encountered is that the NOC your consultant advised you to choose is the processing of food and drink manufacturing, not management of an establishment itself. This was clearly a mistake.

On the flip side, your actual NOC (0631) is a '0' type occupation, which usually require a high level of education or experience in the occupation / field to perform adequately and which usually accompanies a higher wage. A low wage in itself cannot cause a refusal, but if it's considerably low compared to the average for the NOC, it can raise suspicions for the VO.

I would suggest you get in touch with your local MP or talk to a good immigration lawyer. You could also try applying under Express Entry, but this would require a whole new application and set of fees.

 

[iv_ca]

Your consultant is an idiot! Your wage has nothing to do with the duties / title you performed. You must match the job title and duties with the NOC. It was obviously "manager" and not a supervisor in the "Processing" department... a processing is someone who processes food for instance, as in production, not managing or leading a production, least to say a bar manager.

You could try to write a letter asking for reconsideration (and screw that consultant! Don't get him involved!). Did you have a closed work permit reflecting your "CORRECT" NOC (0631), i.e. that of a manager? Then, also provide a letter of employment reflecting the correct Duties and Title.

How did they determine you applied under NOC 9213? Was the (wrong) NOC entered in your application specifically or the job title related to NOC 9213?

No, I graduated from university, and got a BCom Degree. After that I applied post graduate work permit.
However, the consultant write me a employee letter and told me to bring the letter to my boss and had him signed is stated that I work as a NOC9213. Can I also change that as well? Since I am ACTUALLY the bar manager.

 

[iv_ca]

Did you receive any correspondence after FN in Feb 2015?

Received a email said CIC need additional letter to explain why I work as NOC9213 in a bar. And wrote a email back. TWO days later got rejected. (the email simply explain my work schedule and duties.)

 

[iv_ca]

I can understand your pain as my application got rejected first time. The reason of refusal was similar, VO was not satisfied with the duties and number of hours. Your lawyer/consultant might have added wrong duties that didn't match to your NOC.

I met few lawyers for appealing CIC about reconsidering the decision and decided not to do it because none of them was sure that CIC will finish the appeal quickly, it may take longer than a new application.

The only difference between your application and mine is, if you want to apply again you will have to use express entry and that is another trouble.

You may need to try multiple options:

- Hire a good lawyer and appeal to CIC, make sure you have all the details about your application - a copy
- Meeting your local MP may help
- Try getting LMIA with help of your employer
- Create express entry profile, there are many draws happening every month, you never know

Good luck. Time will pass no matter good or bad.

Problem is the bar is closed a year ago.
I am think to find my local MP, do I just walk in and find some help?
And do you know any good lawyer that you can refer?

 

[iv_ca]

I think the issue you have encountered is that the NOC your consultant advised you to choose is the processing of food and drink manufacturing, not management of an establishment itself. This was clearly a mistake.

On the flip side, your actual NOC (0631) is a '0' type occupation, which usually require a high level of education or experience in the occupation / field to perform adequately and which usually accompanies a higher wage. A low wage in itself cannot cause a refusal, but if it's considerably low compared to the average for the NOC, it can raise suspicions for the VO.

I would suggest you get in touch with your local MP or talk to a good immigration lawyer. You could also try applying under Express Entry, but this would require a whole new application and set of fees.

Should I just walk in to local MP office and ask for help?
And do you have any good lawyer to refer?

 

[koti]

CIC does not accept appeal for CEC. You can only go to Fed Court ask for Judical review. That is a horrible process and you will cost you more than 8k on lawyer and legal fees.

 

[jes_ON]

I worked for a bar for 12 months (as a bar manager) and applied the CEC, and hired a consultant to do it.
However, the consultant told me to apply under NOC 9213 (supervisor, food and beverage processing) instead of NOC 0631 (Restaurant and food service managers) due to the lower average wage.

I went ahead (I know I did it wrong NOW). Sent the application on Sep 2014, and got the FN on Feb 2015.
Then I received a email from CIC said that he needed additional info to prove that I worked as a NOC 9213, because he think that I am more like working as NOC 6311 (Food service supervisors)

Sent the email to CIC to explain what I worked and just 2 days, they sent me the rejection letter.

Here is what I got from email, WHAT SHOULD I DO?????? it been 20 months and just told me this? And I am about to start my own company. Should I find my local MP or any help please.

Sorry to hear about the refusal.

Unfortunately, there's nothing you can do to resuscitate this application - The hard truths are that you got bad advice on how to game the system, which appears to be deliberate misrepresentation (unnecessary and misguided, but misrepresentation nonetheless). Then, when your job description did not match your selected NOC, you were given a 2nd chance to clarify your job duties and responsibilities, where upon you apparently changed your NOC and job description. At this point, there was nothing credible about your application. You should understand how bad this looks before asking for an MP's help.

Another mistake that your consultant made was mixing the type of establishment, as they are different NOCs. Since you (apparently) downplayed your "managerial" responsibilities to "supervisory" responsibilities, the correct NOC for bar supervisor is 6512, a non-eligible NOC:
http://www5.hrsdc.gc.ca/NOC/English/NOC/2011/ProfileQuickSearch.aspx?val=6&val1=6512&val65=bar

Even if you had applied under NOC 0631, if the job description did not sufficiently match the NOC, your application would have been refused.

RE your consultant - you can file a complaint with the regulatory council, RCIC,
http://iccrc-crcic.ca/FileaComplaint.cfm. But if you used an unregistered consultant, that's on you - there's not much they can do.

You can apply again, if you qualify under express entry. Hope you find a solution - good luck.

 

[scylla]

Should I just walk in to local MP office and ask for help?
And do you have any good lawyer to refer?

An MP or lawyer can't help you. You were correctly refused. See jes_ON's reply above. This post does a very good job of summarizing your situation. Your CEC application is dead. Forget about it and look for other options.

 

[Tomi2]

Just got a email from CIC said that my application is rejected due to the job title issue.

I worked for a bar for 12 months (as a bar manager) and applied the CEC, and hired a consultant to do it.
However, the consultant told me to apply under NOC 9213 (supervisor, food and beverage processing) instead of NOC 0631 (Restaurant and food service managers) due to the lower average wage.

I went ahead (I know I did it wrong NOW). Sent the application on Sep 2014, and got the FN on Feb 2015.
Then I received a email from CIC said that he needed additional info to prove that I worked as a NOC 9213, because he think that I am more like working as NOC 6311 (Food service supervisors)

Sent the email to CIC to explain what I worked and just 2 days, they sent me the rejection letter.

Here is what I got from email, WHAT SHOULD I DO?????? it been 20 months and just told me this? And I am about to start my own company. Should I find my local MP or any help please.

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: 9213


· knowledge of English or French,


· Canadian skilled work experience,


· temporary resident status during the period of work experience in Canada


Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada:


I am not satisfied that you meet the skilled work experience requirement because:


I note that you have provided an explanation letter in response to the procedural fairness letter sent to you on April 15th, 2016. However having considered the new information, I am still not satisfied that the applicant meets the lead statement and performs a substantial number of duties as set out in R87.1.


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.


Regards,

Any updates on this?