CEC REFUSED due to NOC code

[akira]

I applied under CEC last year in the 1st week of October, I received my Application Number at end of November. Mid September this year i received the following refusal email from the immigration officer.

"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 occupation which you identified as part of your skilled work experience in Canada: Menu Clerk (NOC Code 1411)

I am not satisfied that you meet the skilled work experience requirement because you have failed to demonstrate that you have acquired the required full-time skilled work experience in Canada at a National Occupational Classification skill of type O or level A or B."

I applied under this NOC code 1411 because my immigration consultant said that under the 2006 NOC code list I'm eligible as it falls under NOC B. But after the changes in 2011 it falls under NOC C. But my immigration consultant said i had nothing to worry.

Now after receiving the refusal my immigration Consultant did some research and since I had 2 titles at my work place Menu clerk/Menu and tray service coordinator (dont know why she didnt do this earlier). she tried to find a new NOC code for the Menu and tray service coordinator. she said that according to my job duties I can apply under NOC 1211 which according to 2011 list falls under B. she suggested I reapply.

i have collected all the documents again and preparing to reapply through the immigration consultant. but Im just scared and dont want to be rejected again. I would really appreciate if you guys would give some opinions on my case. do you guys think its ok to reapply??

 

[jsm0085]

I applied under CEC last year in the 1st week of October, I received my Application Number at end of November. Mid September this year i received the following refusal email from the immigration officer.

"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 occupation which you identified as part of your skilled work experience in Canada: Menu Clerk (NOC Code 1411)

I am not satisfied that you meet the skilled work experience requirement because you have failed to demonstrate that you have acquired the required full-time skilled work experience in Canada at a National Occupational Classification skill of type O or level A or B."

I applied under this NOC code 1411 because **spam** said that under the 2006 NOC code list I'm eligible as it falls under NOC B. But after the changes in 2011 it falls under NOC C. But **spam** said i had nothing to worry.

Now after receiving the refusal **spam** did some research and since I had 2 titles at my work place Menu clerk/Menu and tray service coordinator (dont know why she didnt do this earlier). she tried to find a new NOC code for the Menu and tray service coordinator. she said that according to my job duties I can apply under NOC 1211 which according to 2011 list falls under B. she suggested I reapply.

i have collected all the documents again and preparing to reapply through the immigration consultant. but Im just scared and dont want to be rejected again. I would really appreciate if you guys would give some opinions on my case. do you guys think its ok to reapply??

Can you quote the rest of the refusal letter, it's usually a little more detailed. Also, did you provide the reference letter with all the details as set out in the docs checklist?

 

[akira]

Can you quote the rest of the refusal letter, it's usually a little more detailed. Also, did you provide the reference letter with all the details as set out in the docs checklist?

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 occupation which you identified as part of your skilled work experience in Canada: Menu Clerk (NOC Code 1411)

I am not satisfied that you meet the skilled work experience requirement because you have failed to demonstrate that you have acquired the required full-time skilled work experience in Canada at a National Occupational Classification skill of type O or level A or B.

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.

this all that the email said.
and yes i made sure all the documents were according to the requirements.

 

[jsm0085]

Did you use a consultant for your first application? If so, they are idiots. The NOC code used in your initial application is skill level C, which isn't eligible under CEC.

Now NOC 1211 is eligible, skill level b, however you need to make sure that the duties match very well. If the duties are similar but your duties look more like a lower skilled position to CIC, there is a chance your application could be rejected again. Especially considering they have rejected your first application.

 

[gladaki]

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 occupation which you identified as part of your skilled work experience in Canada: Menu Clerk (NOC Code 1411)

I am not satisfied that you meet the skilled work experience requirement because you have failed to demonstrate that you have acquired the required full-time skilled work experience in Canada at a National Occupational Classification skill of type O or level A or B.

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.

this all that the email said.
and yes i made sure all the documents were according to the requirements.

They took 11 months to reject you

 

[jsm0085]

They took 11 months to reject you

It's crap, isn't it?

 

[mady_1982]

dont get disheartened my friend , refile again , this time do it in greater detail and accuracy , my suggestion is when u use consultant/lawyer please verify things in detail , ,@gladaki its pretty common for CIC to take 11 to 13 months to reject cases , two of the 2012 applicants i know got rejected after 12 months , i wonder why they do that

 

[akira]

Did you use a consultant for your first application? If so, they are idiots. The NOC code used in your initial application is skill level C, which isn't eligible under CEC.

Now NOC 1211 is eligible, skill level b, however you need to make sure that the duties match very well. If the duties are similar but your duties look more like a lower skilled position to CIC, there is a chance your application could be rejected again. Especially considering they have rejected your first application.

yes i used a consultant.

following are my job duties.

Participates with other members of the department management team in achieving department goals and objectives.

Responsible for training and orientation of staff during evening beltline service.

Responsible for the occupational health and safety of staff in the area, as well as residents and patients during the evening belt line service
informs Food Services Manager/Lead Chef of meal service, Menu items and production requirements/concerns.

Ensures adherence to quality assurance, risk management, occupational health and safety act and sanitation code during evening belt line service.

Inputs Selective menus and standard food preference instructions as per CBORD diet office system.Prints production sheets, patient tray tickets, nourishment, menu sheets, diet order lists and spread sheets for XXXXX (Company Name).

Ensures all patients/residents have an appropriate daily menu in place for each meal service.

Updates Master diet and nourishment lists.

Performs routine clerical duties (e.g., answer telephone, filing, sorting).

Make necessary changes to daily, weekly and standard menus as required.

Calls unit to locate missing menus and arranges for their return to the diet office.

Performs other duties assigned.

Assists the food service manager in further cost cutting control.

Participate in menu planning and long term goals and objectives of the department.

Accurate and consistent recording and reporting of data.

Job title Menu and tray service coordinator
does my job come under NOC 1211???

 

[akira]

dont get disheartened my friend , refile again , this time do it in greater detail and accuracy , my suggestion is when u use consultant/lawyer please verify things in detail , , @ gladaki its pretty common for CIC to take 11 to 13 months to reject cases , two of the 2012 applicants i know got rejected after 12 months , i wonder why they do that

Thanks!! trying to stay positive im hopping this time it works out!! and please let me know if i can use NOC 1211 based on my job duties. I really appreciate all the replies

 

[gladaki]

Thanks!! trying to stay positive im hopping this time it works out!! and please let me know if i can use NOC 1211 based on my job duties. I really appreciate all the replies

I am Just curious did u ever applied for GCMS notes

 

[akira]

I am Just curious did u ever applied for GCMS notes

No i dont think i ever did.. Do i need it???

 

[mady_1982]

its always a good idea to aply for GCMS , it gives you a detail line by line notes on how your file was processed , try and see if you still have an option to apply one

 

[akira]

its always a good idea to aply for GCMS , it gives you a detail line by line notes on how your file was processed , try and see if you still have an option to apply one

Actually yes i think the consultant has applied for that and also reconsideration but she said that there is no point in waiting since i didnt hear anything yet. And she said my best option is to reapply since the immigration officer at the end could ask me to reapply.

 

[mady_1982]

Reapplying frankly is the best option , but have a look at ur GCMS notes before u reapply so that u excatly know whats gone wrong

 

[CEC2013]

Did you use a consultant for your first application? If so, they are idiots. The NOC code used in your initial application is skill level C, which isn't eligible under CEC.

Agreed! The consultant made a colosal mistake on this one....

And my take on the reason for the letter being shorter than usual (without the detailed rationale) is that CIC decided to refuse the application from the start and the message was system generated - explanation not necessary, as you failed to meet major eligibility criteria (skilled work experience)!

Also agree with everyone that you should reapply. But if I were you, I would closely monitor what the consultant is doing, so that no other mistakes are made. In this case, I dont think GCMS will do you much good....but, maybe you see some other useful notes from the VO. So, if you are not in a total rush to reapply, get the notes and then adjust your app as necessary.