CEC refusal

[Capricorn2012]

Date: July 19, 2013


UCI: xxxxxxxx
Application: Xxxxxxxxx


Xxxxx
Email: Xxxx

Dear Xxxx

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 occupations which you identified as part of your skilled work experience in Canada: NOC 7514 driver & NOC 6211 Team Leader

I am not satisfied that you meet the skilled work experience requirement based on the information provided. You requested assessment under NOC 7514. This is not an occupation classified at a National Occupational Classification skill of type O or level A or B and accordingly work experience in this occupation is not eligible work experience under the Canada Experience Class.

You requested assessment under NOC 6211 based on employment from 25/10/11 to 05/11/12 with xxxx. in support of this experience you provided a letter dated 30/10/12 from Xxxx confirming your employment since 25/10/11 as a Team Leader. The letter listed your duties as Team Leader. The information provided did not satisfy me that you have performed the functions of the lead statement and a majority of the main duties under NOC 6211. From the information provided I am not satisfied that you meet employment requirements and have acquired twelve months of full-time skilled work experience in Canada at a National Occupational Classification skill of type O or level A or B in the last twenty-four months prior to the submission of your application and after having obtained your Canadian educational credential.
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,


This is a rejection for my friend applied the same day in November
What should be done next

 

[7799]

Why visa officer now talking about following thing
"From the information provided I am not satisfied that you meet employment requirements"
This statement by visa officer demonstrate that they are now concern about employement requirement for NOC too , Which mentioned in HRSDC website.

Now i think this might create problem in future whoes job is not related their field of study.


While OP 25, page -8 clearly stated that:
"Note: For the purpose of Canadian Experience Class applications, the "Employment Requirements” listed in the description of each NOC occupation are not applicable"


I checked OP 25(a) too, in that OP there is NO such not about employment requirement exception. But that is w.e.f. January 2013.

My rejection does not have employment requirement line, but my gcms note have same line at end of the note.

 

[iam_toby]

LOL the NOC 7514 might be mentioned on HRSDC website,
BUT it's neither NOC A, 0 nor B. So not eligible for CEC.

 

[7799]

But he has experience of 1 year and 10 days under NOC 6211, skill B .
What about that?

 

[Capricorn2012]

But he has experience of 1 year and 10 days under NOC 6211, skill B .
What about that?

He applied for NOC 6211 And he had more than one year experience and 2 year of full time study
Should he reapply or file for judicial review
Please suggest anyone

 

[7799]

Recently i have seen many people got refusal who are on post graduate open work permit and job is not related to field.
I know 5 people (friends of my friends) including me who got same reason for refusal.
"From this information I was not satisfied that you performed the functions of the lead statement and a majority of the main duties under NOC XXXX"

 

[Capricorn2012]

Recently i have seen many people got refusal who are on post graduate open work permit and job is not related to field.
I know 5 people (friends of my friends) including me who got same reason for refusal.
"From this information I was not satisfied that you performed the functions of the lead statement and a majority of the main duties under NOC XXXX"

So what did you do after rejection?? Did you reapply or tried some different route

 

[7799]

I have not reapply yet. Still thinking what should i do. Just doing analysis how visa officers process applications nowadays.
One thing i can see is job not related to field lead to refusal. I might be wrong about this. But this is what i observed in last 2 months.

 

[Capricorn2012]

But does that mean my friend has no option
His field is automotive power technician and he was working as a team lead in an automotive parts company
That seems relevant to me

 

[broiler]

I'm sure you can not be denied solely because of the employment requirements. They are not applicable period.

 

[Capricorn2012]

I'm sure you can not be denied solely because of the employment requirements. They are not applicable period.

Hi Broiler
The email I posted here is what I got.. Case was pretty clear
Did 2 year program full time for automotive power technician and got job as a parts driver for 6 months and got hired by a parts company as a team lead.. They paid $16 an hour.. Applied after 1 year of experience and had submitted t4 and NOA

 

[SenoritaBella]

The officer is not satisfied from the main duties provided in the employment letter that your friend performs a majority of the duties listed in the NOC for a team leader.

In order words, your friend's main duties are not consistent with the NOC code he chose. When choosing a NOC code, your job title does not matter. You have choose a code that is most consistent with your main duties and responsibilities.

Two things your friend could do:
1. ask his employer for a detailed list of his main duties and responsibilities(do not copy from HRDSC website)
2. use that to find a NOC code. If it still matches Team Leader, then he can use it. The risk ofcourse is, an officer could question the credibility of his employment letter if it appears like it has been "beefed" up.

May be if your friend posts the duties that were in his letter, someone could be able to help more.

 

[Capricorn2012]

This is the job letter submitted on company letterhead
Date- xxxx

To whom it may concern



Re: Xxxx

This letter confirms the employment of xxxx with Xxxxx, a company owned and operated by Xxxx. Xxxx is a permanent full-time employee of the company working as Team Leader since October 25, 2011 till date. His current wages are $15/hour and he works 40 hours per week. Xxxx duties as Team Leader mainly include the following:

· Determine customer needs and accordingly sell merchandise to customers
· Assist Store Manager with store opening and closing duties, including cash-handling and banking responsibilities
· Using PartSource Operating System to accurately process and authorize payments by cash, credit and debit customer transactions (sales and refund);
· Report and resolve problems that arise such as customer complaints;
· Maintain store specified inventory and order merchandize;
· Report discrepancies between actual stock and computer reported stock to the Inventory Specialist and Store Manager;
· Ensure compliance to all appropriate Health & Safety legislation;
· Assist in training of new sales staff.


Please feel free to contact me at xxxxxxxx in case of any questions.


Sincerely,


Xxxx
Store Manager

 

[SenoritaBella]

The officer said, "The information provided did not satisfy me that you have performed the functions of the lead statement and a majority of the main duties under NOC 6211."

The lead statement of NOC 6211 is: http://www5.hrsdc.gc.ca/NOC/English/NOC/2011/Profile.aspx?val=6&val1=6211
"Retail sales supervisors supervise and co-ordinate the activities of workers in the following unit groups: Retail Salespersons and Sales Clerks (6421), Cashiers (6611), Grocery Clerks and Store Shelf Stockers (6622) and Other Elemental Sales Occupations (6623). They are employed by stores and other retail businesses, wholesale businesses that sell on a retail basis to the public, rental service establishments and businesses involved in door-to-door soliciting and telemarketing."

At minimum, your friend should be performing the first two duties and perhaps the last one too.
•Supervise and co-ordinate sales staff and cashiers
•Assign sales workers to duties and prepare work schedules
•Hire and train or arrange for the training of new sales staff (this one could depend on the structure of the company).

Your friend did not do any of the above (or it was not mentioned in his letter) - that's the issue.

 

[Capricorn2012]

have over 1 year experience now
You think it's a good idea to reapply with a better job letter ?? Does anyone know what will be the odds of winning this time