CEC PR Rejected - need advise pls

[jsm0085]

Sorry to hear of your rejection.

The NOC title doesn't matter. What matters is that you pick the NOC that bests matches your duties, even if the title is different from your actual job title. Focus only on the duties.

Good luck.

 

[xhh]

Sorry to hear of your rejection.

The NOC title doesn't matter. What matters is that you pick the NOC that bests matches your duties, even if the title is different from your actual job title. Focus only on the duties.

Good luck.

yes, the visa office will focus on the duties, for instance, maybe your title is Manager, but you only take care of assisstant affair, that means your are assisstant.
You should work on your duties this time.

 

[jsm0085]

Hi Winterfox,

Don't loose hope. I hope you don't mind me replying publically but I feel it's better as it can potentially help others out in the future.

When you are applying for CEC, the only focus in relation to the NOC is the duties - not the job title.

If your title is "Analyst" that's fine, but when it comes to matching an NOC what is important is that you choose an NOC which best matches your duties, NOT title. The title really isn't relevant.

So, as an analyst, lets say NOC 0001 is the best match in relation to duties, this is the one you would want to use, even if the title of the NOC is researcher. The same job can have 40 titles and CIC and HRSDC know this. Again, what's important is to choose the NOC that best matches your duties and is of an appropriate skill set (NOC 0, A or B) for CIC.

Good luck in your new application.

 

[Winterfox]

Hi Winterfox,

Don't loose hope. I hope you don't mind me replying publically but I feel it's better as it can potentially help others out in the future.

When you are applying for CEC, the only focus in relation to the NOC is the duties - not the job title.

If your title is "Analyst" that's fine, but when it comes to matching an NOC what is important is that you choose an NOC which best matches your duties, NOT title. The title really isn't relevant.

So, as an analyst, lets say NOC 0001 is the best match in relation to duties, this is the one you would want to use, even if the title of the NOC is researcher. The same job can have 40 titles and CIC and HRSDC know this. Again, what's important is to choose the NOC that best matches your duties and is of an appropriate skill set (NOC 0, A or B) for CIC.

Good luck in your new application.

Thanks a lot JSM0085 for the encouragement /
And thanks everyone for taking the time to read and advise me on this sensitive issue.

 

[EU_2010]

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

Hi Winterfox,

I think the above link is very helpful.

Am also with one of the banks here (neither one that you mentioned) and my initial work permit was for 2 years. The second work permit they requested for 3 years (which brings it to 5). The lawyer advised me at the time that after the expiry of the 2nd, they’d be able to request another work permit for 3 years, but after that, there would be no further option. So during the 3rd work permit, I’d have to make up my mind if I wanted to apply for PR or leave Canada and return to Europe. I chose the PR route while my 2nd work permit was still valid and thankfully, it worked for me.

Hope you can figure it out – if not, may be worth asking a lawyer for assistance.

 

[yixiaop26]

Also just another thing.
Y did it take them 17 months to reject me? Has the delay got to with me adding my spouse to my application... cos on cic says processing times will be longer if there is a dependent on the file.
Y Cudnt they reject me long back when they checked my noc code issues back in Jan 2014.. I saw this when I got my gcms notes in Feb 2014

they reject a case after after they assessed all the things, because you paid.

e.g they need assess A B C items, but they found your A failed, but they need finish B and C too. to give you a full reply.


dependent will slow your application, that is true, because background investigation time maybe doubled. if they only assign your case for one person to investigate. the guy need do it one by one. he/she maybe very slow, now add one, double slow .

 

[leothelion123]

Hi WinterFox

Did your GCMS notes mention Eligibility passed or did you ever receive the RPRF request?

Thanks

 

[marcus66502]

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..

It is NOT the Visa Officer's job to go through the entire NOC classification and find, for the applicant, some qualifying occupation under which his declared duties could fall. That's an absurd expectation.

For one thing, no Visa Officer has that sort of time to spend on just one application when they have stacks and stacks of applications to process. For another thing, the Immigration and Refugee Act clearly places the burden of proof on the applicant, to demonstrate that he meets the requirements under the category he's applying.

In this case the applicant did not meet the burden of proof and so there's only one possible outcome for this application: rejection.

And I'm not sure I'd follow the suggestion of the previous poster to get the job supervisor to re-write the letter of experience to better match the duties to the NOC description. That would be mis-representation if the applicant has NOT really performed the duties on the NOC description. The letter of experience should not just state whatever it takes to get the applicant's PR application approved. It should state the duties the applicant has performed, truthfully.

It appears that in this case, the applicant has been performing only minor, unskilled, clerical duties that are really unrelated to the NOC codes he has been claiming. This happens all too often in programs like CEC and FSW that do not require a sponsoring job offer and LMIA. Many of these cases are very well prepared and thus get approved, leading to massive fraud and abuse of the program.

That's why these programs should be eliminated in favor of just LMIA-based PR, like it is in most mature western countries. It should not be relevant what you claim to have been performing, but only whether you have a job offer which has been certified as one for which employers could not find a local candidate. That's the only case in which it makes sense to admit a foreigner for permanent residence.