CEC PR Rejected - need advise pls

[Goku]

Hi Everyone,
Thanks for any advise you'll can give me.

I applied under CEC PR in Feb 2013 and after 17 months of holding my file they rejected me today which is very upsetting. I now have only 7 months remaining until my final work permit expires and I wont be able to renew it again since a person can work for only 4 years on work permit in Canada.
My new job position is in NOC A list. I just completed a full 1 year experience on Aug 6 2014 with this new job and also have a full time permanent job offer letter.
Should I apply under CEC again. Can someone tell me what is the current processing time for someone to receive his Medicals and then passport request for CEC?
I am in Canada still.

Any advise will be much appreciated.

Thanks everyone

Sorry to hear that. Share you NOC (current) & your IELTS score. You might also get eligible for FSW 2014. If you get eligible then apply under CEC as well as FSW 2014.

 

[Winterfox]

Look at this link: http://www.cic.gc.ca/english/work/apply-who-eligible/four-year-maximum.asp?s=2

Four year maximum is indeed correct, but exceptions for:

These categories or occupations are the exceptions for which a work permit can exceed the four-year limit:

NOC O and A (including spouses/dependants of these skilled temporary foreign workers)
LMO-exempt jobs under
International agreements
Canadian interests
Self-support
Humanitarian reasons
Jobs that do not need a work permit
Permanent resident applicants who have received a positive selection decision or approval in principle
Provincial nominees applying for an employer-specific work permit


EDIT - ^Looks like LPS beat me to the punch

Thanks Maniac and LPS .. boy am i glad to see that .. so relieved now but can u tell me what this means
"Permanent resident applicants who have received a positive selection decision or approval in principle"
Does this mean the AOR level or the Medicals received level ?

 

[maniac2403]

Thanks Maniac and LPS .. boy am i glad to see that .. so relieved now but can u tell me what this means
"Permanent resident applicants who have received a positive selection decision or approval in principle"
Does this mean the AOR level or the Medicals received level ?

Just AOR

 

[xhh]

Can you please provide exact mail content for refusal (if you feel comfortable).

Aslo You are saying you completed 1 year Work ext in Aug 2014 , do you mean under NOC A category you completed 1 year in aug 2014

Normally, the duties must match 80-90%, that is my lawyer suggestion, your application is unusual, you should order your notes, and see what is going on, of course you can reapply CEC base on the new position, if you thing your duties were not match the NOC last application (as the officer's refusal reason), but you should find out the real problem on your last app if you think your dutis had not problem.

I do not thin CIC will take 17 month for a simple duties reason.

 

[Winterfox]

Normally, the duties must match 80-90%, that is my lawyer suggestion, your application is unusual, you should order your notes, and see what is going on, of course you can reapply CEC base on the new position, if you thing your duties were not match the NOC last application (as the officer's refusal reason), but you should find out the real problem on your last app if you think your dutis had not problem.

I do not thin CIC will take 17 month for a simple duties reason.

The email from the VO says he assessed me on my Job duties criteria and was not satisfied that my job duties I did were matching to what the NOC code mentioned.
Also my spouse was in the application cos maybe thats another reason for taking 17 months ... but I wish they wud have rejected me months ago instead of bringing forward my file every 2 months since feb this year

 

[xhh]

The email from the VO says he assessed me on my Job duties criteria and was not satisfied that my job duties I did were matching to what the NOC code mentioned.
Also my spouse was in the application cos maybe thats another reason for taking 17 months ... but I wish they wud have rejected me months ago instead of bringing forward my file every 2 months since feb this year

your spouse is not reason for refuse. If possible, would you like to post your employee letter, and I think there are so many people could help your, if the officer is picky, you could reppeal

 

[Man415]

Just a quick question to winter fox, did they asked you to do Medicals or asked to pay the RPRF?It was really unfortunate that they rejected it that long.

 

[maniac2403]

your spouse is not reason for refuse. If possible, would you like to post your employee letter, and I think there are so many people could help your, if the officer is picky, you could reppeal

Re-appeal will require a lawyer, lots of cash and time. In most cases, if the applicant has the opportunity, a new application is a better idea.

 

[Winterfox]

your spouse is not reason for refuse. If possible, would you like to post your employee letter, and I think there are so many people could help your, if the officer is picky, you could reppeal

Dear Winterfox

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:

temporary resident status during the period of work experience in Canada and any period of full time study or training,
meeting the minimum language proficiency threshold in either English or French, and
qualifying Canadian skilled work experience.
Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada: NOC 1221 , Administrative officers ; and NOC 1113, agents, investment dealers and brokers, namely.

I am not satisfied that you meet the skilled work experience requirement(s) because you did not demonstrate you acquired in Canada, within the three years before the date on which your application for permanent residence was made, at least one year of full-time work experience, or the equivalent in part-time work experience, in one or more occupations that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix, exclusive of restricted occupations.

You indicated in Schedule 8, the following work experience :From 2012/03/05 to 2012/09/10, office Administrator, NOC 1221, for ___ Investments Inc.

The reference letter you submitted, dated February 6th 2013, signed by xxxxx, indicated you have been employed full time as Administrator, from March 5th 2012 to September 10th 2012. The duties and responsibilities listed on the reference letter are as follow:

-maintain records

-monitoring office communications

-sending trade instructions to custodians

-ensuring trades settled on time with good value.



You also indicated on a separate letter having performed some of the duties of NOC 1113, Securities agents, investment dealers and brokers, as well for this employer.

Based upon the documents you submitted and the information contained in the file , I am not satisfied you performed the actions of the lead statement or the main duties under National Occupation Code 1221 , Administrative officers, namely: “Administrative officers oversee and implement administrative procedures, establish work priorities, conduct analyses of administrative operations and co-ordinate acquisition of administrative services such as office space, supplies and security services. They are employed throughout the private and public sectors. Administrative officers who are supervisors are included in this group.” The duties listed for this NOC found in the HRSDC website are the following:

Administrative officers perform some or all of the following duties:

Oversee and co-ordinate office administrative procedures and review, evaluate and implement new procedures
Establish work priorities, delegate work to office support staff, and ensure deadlines are met and procedures are followed
Carry out administrative activities associated with admissions to post-secondary educational institutions
Administer policies and procedures related to the release of records in processing requests under government access to information and privacy legislation
Co-ordinate and plan for office services, such as accommodation, relocations, equipment, supplies, forms, disposal of assets, parking, maintenance and security services
Conduct analyses and oversee administrative operations related to budgeting, contracting and project planning and management processes
Assist in preparation of operating budget and maintain inventory and budgetary controls
Assemble data and prepare periodic and special reports, manuals and correspondence
May supervise records management technicians and related staff.


And I am not satisfied you performed the actions of the lead statement or the main duties under National Occupation Code NOC 1113 , Securities agents, investment dealers and brokers, namely: “ Securities agents and investment dealers buy and sell stocks, bonds, treasury bills, mutual funds and other securities for individual investors, pension fund managers, banks, trust companies, insurance firms and other establishments. Brokers buy and sell stocks, bonds, commodity futures, foreign currencies and other securities at stock exchanges on behalf of investment dealers. They are employed by investment companies, stock brokerage firms, stock and commodity exchanges and other establishments in the securities industry.

The duties listed for this NOC found in the HRSDC website are the following:

Securities agents and investment dealers perform some or all of the following duties:

Develop long-term relationships with their clients by preparing investment strategies to help them achieve their financial goals, offering advice and information on various investments to guide them in managing their portfolios
Review financial periodicals, stock and bond reports, business publications and other material, and develop a network within the financial industry to gather relevant information and identify potential investments for clients
Carry out investment orders by buying and selling stocks, bonds, treasury bills, mutual funds and other securities for individual investors, pension fund managers or companies such as banks, trust companies and insurance firms
Monitor clients' investment portfolios and ensure that investment transactions are carried out according to industry regulations.

Brokers perform some or all of the following duties:

Buy and sell stocks, bonds, commodity futures, foreign currencies and other securities at stock exchanges on behalf of investment dealers
Develop trading strategies by reviewing investment information and monitoring market conditions from the exchange floor and through contact with trading departments of other investment firms, pension fund managers and investment company financial analysts
Make bids and offers to buy and sell securities and complete details of sales on exchange trade tickets
Prepare reviews of portfolios' positions.




You declared work experience as Wealth Mgt Officer, NOC 1113, from 2011/08/29 to 2012/02/27 for employer xxxxxx. You submitted a reference letter dated February 14th 2013, signed by xxxxx, indicating you were employed from August 29th 2011 to February 28th 2012 as operations officer. The duties performed are listed as follow:

-input trade instructions received via fax and e-mail, ensuring the quality and completeness of the data

-notifying the client when trade details are incorrect or inconsistent for immediate resolution

-worked closely with our settlements team and external clients to investigate and resolve unmatched/unsettled trades

-Update daily compliance logs and contact clients to notify them of non-complaint trades

-Assisting with quality assurance measures- including performing daily accuracy checks, foreign exchange requests, and investigating daily reconciliation reports.



Based upon the documents you submitted and the information contained in the file, I am not satisfied you performed the actions of the lead statement or the main duties under National Occupation Code 1113.





You declared work experience as operations officer, NOC 1113, from 2011/02/14 to 2011/08/26 for xxxxx. The letter of reference you submitted dated January 9th 2013, and signed by xxxx does not list any duties or responsibilities, nor the position you held while employed. Without the proper reference letter as specified in the application kit, I am not satisfied you performed the action of NOC 1113 , Securities agents, investment dealers and brokers.



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.

The decision communicated in this letter constitutes the definitive and final decision on your present application. Your application will be retained, under current Government of Canada file retention guidelines, for a period of two years. Your application forms and supporting documents will not be returned to you. If you should submit a new application it would require new fees and documentation and would need to meet all the requirements in effect at the time the application is submitted.

 

[kumarv]

The email from the VO says he assessed me on my Job duties criteria and was not satisfied that my job duties I did were matching to what the NOC code mentioned.
Also my spouse was in the application cos maybe thats another reason for taking 17 months ... but I wish they wud have rejected me months ago instead of bringing forward my file every 2 months since feb this year

Having spouse in application would not be a reason for such a delay.. I know of someone rejected for same reason but he was rejected 6 months from his AOR, and in his case VO felt that his job duties as listed in employment letter is not corresponding to the NOC he used, instead it was for some unskilled NOC and so he was rejected...

Are you sure your job duties (as listed in Employment letter) is not corresponding to any unskilled NOC, bcos even if the job duties do not match the NOC you used, but it is for a skilled NOC (0, A or B) then they would not reject your application.. Do you mind posting the email from VO (after removing your personal details of course..)

 

[Winterfox]

Having spouse in application would not be a reason for such a delay.. I know of someone rejected for same reason but he was rejected 6 months from his AOR, and in his case VO felt that his job duties as listed in employment letter is not corresponding to the NOC he used, instead it was for some unskilled NOC and so he was rejected...

Are you sure your job duties (as listed in Employment letter) is not corresponding to any unskilled NOC, bcos even if the job duties do not match the NOC you used, but it is for a skilled NOC (0, A or B) then they would not reject your application.. Do you mind posting the email from VO (after removing your personal details of course..)

I pasted that email

 

[maniac2403]

I pasted that email

Looking at the duties that were listed on your reference letters, they are not close matches to the NOC codes you applied under. This time around, ask your employers to at least match duties by 60%.

 

[Winterfox]

Looking at the duties that were listed on your reference letters, they are not close matches to the NOC codes you applied under. This time around, ask your employers to at least match duties by 60%.

Maniac these noc codes were given to me by the noc code department of CIC.

 

[kumarv]

Looking at the duties that were listed on your reference letters, they are not close matches to the NOC codes you applied under. This time around, ask your employers to at least match duties by 60%.

I fully agree with maniac.. They are nowhere close to the NOC codes duties.. Ans it seems VO was not able to map it to any other NOC as well.. Would suggest you have your duties very close to the NOC duties.. It can be fairly similar but in different wording, just avoid the copy paste..

 

[maniac2403]

Maniac these noc codes were given to me by the noc code department of CIC.

Nothing wrong with the NOC codes. Just the duties provided was not well substantiated. This is only MY opinion.