CEC REFUSED - help plzzzzzz

[love-canada]

Received this bad news from ottawa pilot office.

I am in a shock now. what exactly i should do now to keep my application alive from now on..

I did not recevie AOR or medicals..

Help from seniors are much needed for me..

For your information, i am on closed work permit in canada processed by my employer. Some one pelase help me on this..

Below is the email i received:
========================================

Date: January 11, 2012

UCI: XXXXXXXX

Application: XXXXXXXXXX

NAME

Email: XXXXXXX @ YYYYY.com



Dear NAME:



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(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(s) because you did not provide an employer reference letter that indicates where you are currently working in Canada. Moreover, your contract with your employer indicates that you could have been be deployed to any location or site abroad at any point in time.

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,

Case Officer

Citizenship and Immigration Canada

Case Processing Pilot - Ottawa | Centre de Traitement Pilote – Ottawa – 68

Citizenship and Immigration Canada | Citoyenneté et Immigration Canada

Site : www.cic.gc.ca

Disclaimer: By supplying your email address, you are initiating an email communication with CIC and thereby authorizing CIC to use your email address for communication with you including the transmission of personal information on your file/case.


+++++++++++++++

Désistement : En fournissant votre adresse électronique, vous établissez une communication par voie électronique avec CIC et, par conséquent, CIC est autorisé à utiliser l'adresse électronique fournie à cette fin, y compris pour la transmission de renseignements personnels au sujet de votre dossier/cas

 

[CEC_2174]

So sorry to hear that,


Re- Apply and use a reference letter from your employer with all the details which this officer has asked for...
However the clause under which he has rejected your application applies to the language abilities.

Was your IELTS score ok..?

Thanks

 

[Daniel_Daniel]

I am not sure why the applicant needs to be in Canada at the time of applying...One of my friends applied while he was not working in Canada but had 2 yrs of Canadian experience in the past 3 years at the time of application. Seniors, pls help.

 

[love-canada]

Listening 7.5
Speaking 7.5
Writing 7
Reading 5.5

I don't think ielts score an issue

Can some one please let me know what I can do now

JES. Can you guide me here

author=CEC_2174 link=topic=93145.msg1208078#msg1208078 date=1326301067]
So sorry to hear that,


Re- Apply and use a reference letter from your employer with all the details which this officer has asked for...
However the clause under which he has rejected your application applies to the language abilities.

Was your IELTS score ok..?

Thanks
[/quote]

 

[jes_ON]

Sorry to hear about that, but it is always risky if you do not give the required documents. The VO states that Your application was rejected because you did not include a Letter of Employment from your employer.

Additionally, according to the VO, you submitted a contract instead of a Letter of Employment. Apparently, this contract does not specify the location of work being in Canada and Canada only.

If this is true, your only option is to reapply, this time with a Letter of Employment from your employer, that contains ALL the required details as specified in the Document Checklist.

 

[Daniel_Daniel]

jes_ON, there are some companies which do not provide these reference letters and I am sure there are many people in this forum who have the same problem. From your experience, can you think of any alternatives?

 

[umairz]

There is no alternative anymore!

It's a must......

Love-Canada,

Really Sorry to hear about this. But yes the only option would be to re-apply, the other option would be appeal which seems not helpful and waste of time.

Re-apply with all the required documents and there is another issue that he mentioned "the work condition abroad on company's behalf". Normally You would'nt send your contract documents, only the reference letter and take the documents out for your duties and resposnibilities from your contract and attach them. But since he read the contract which mentions that you might be employed at any other location during your contract. I think he is doubtful about that.

Apparantly, the location should only be Canada then. See if you can get that clarify in your reference letter. You can also get clarification on this from the VO, if required by asking them politely(i believe so).

But yeah get another application and make sure you have a reference letter from employer, otherwise you will be turned down again unfortunately, since now it is a must.

 

[CEC_2174]

Hello Guys,

My Employer has provided me a reference letter which states following... is this enough? I have copies of contracts and Pay Stubs too
Will this be enough? or I would need to add something in the below letter, my employer may add if I request them

I have offer letter too in e-Mail attachments but not signed.
__________________________________________________

PERSONAL & CONFIDENTIAL


date xxxxxxx

My name and Address


To Whom This May Concern:

This will confirm that you have been employed by XXXXX. since March XX XX, 2009 as a temporary employee. Your current position is Consultant in our XXX location.
Your current annual salary is $XXXXX.

Yours truly,
Signature of the manager

 

[umairz]

Hello Guys,

My Employer has provided me a reference letter which states following... is this enough? I have copies of contracts and Pay Stubs too
Will this be enough? or I would need to add something in the below letter, my employer may add if I request them

I have offer letter too in e-Mail attachments but not signed.
__________________________________________________

PERSONAL & CONFIDENTIAL


date xxxxxxx

My name and Address


To Whom This May Concern:

This will confirm that you have been employed by XXXXX. since March XX XX, 2009 as a temporary employee. Your current position is Consultant in our XXX location.
Your current annual salary is $XXXXX.

Yours truly,
Signature of the manager

Yeah, looks good. It would be nice if they can detail it a little more but not necessary. It will exactly do the job and as long as it is signed and you attach the business card of the person signing it, you hsould be in pretty good shape.
Btw I appreciate your try to hide your personal info and all that stuff but i know you have 5 digits in your salary ....lol. Good job in concealing imp info ;D

 

[SenoritaBella]

Looking at your reference letter, there is no info about your status(full-time or part-time), number of hours you work per week, the total number of hours you have worked in 1 year(for post-graduate stream) or 2 years(worker stream) and benefits(vacation, disability, etc if applicable). Not providing all the info on that checklist will result in a refusal.

Speaking from personal experience, many employers are not very familiar with immigration requirements which is understandable because they do not deal with it on a regular basis. So you will get better results if your provide them with a copy of CIC's checklist which states clearly what should be included in the letter. Goodluck!

Hello Guys,

My Employer has provided me a reference letter which states following... is this enough? I have copies of contracts and Pay Stubs too
Will this be enough? or I would need to add something in the below letter, my employer may add if I request them

I have offer letter too in e-Mail attachments but not signed.
__________________________________________________

PERSONAL & CONFIDENTIAL


date xxxxxxx

My name and Address


To Whom This May Concern:

This will confirm that you have been employed by XXXXX. since March XX XX, 2009 as a temporary employee. Your current position is Consultant in our XXX location.
Your current annual salary is $XXXXX.

Yours truly,
Signature of the manager

 

[jes_ON]

In addition to what SenioritaBella has already noted is missing, the main duties and responsibilities are critical. See the document checklist.

Better yet, either give the document checklist to the writer of the letter, or prepare a draft of the letter for him/her.

 

[CEC_2174]

Thanks umairz, Jes and Daniel..

Like I said I have offer of employment which details all my benefits,hours of work etc..but it is in the form of PDF document which came in my e-Mail but not signed by any one..
Also on top of that I have Contract extension letters which details my salary benefits and hours of work again not signed

So I am getting a salary letter signed by my employer Hardcopy to supplement my Claim.. I will try to get my role and no of hours per week added in that to make sure there are no gaps.

Thanks Guys

 

[SenoritaBella]

If your job is skill type 0 or skill level A, your results do not meet the language requirements. But if it's skill level B, then it meets the requirement.

Listening 7.5
Speaking 7.5
Writing 7
Reading 5.5

I don't think ielts score an issue

Can some one please let me know what I can do now

JES. Can you guide me here

author=CEC_2174 link=topic=93145.msg1208078#msg1208078 date=1326301067]
So sorry to hear that,


Re- Apply and use a reference letter from your employer with all the details which this officer has asked for...
However the clause under which he has rejected your application applies to the language abilities.

Was your IELTS score ok..?

Thanks

 

[jes_ON]

jes_ON, there are some companies which do not provide these reference letters and I am sure there are many people in this forum who have the same problem. From your experience, can you think of any alternatives?

Daniel - Sorry, I don't know enough about the details of the employment arrangements, but the idea that any legitimate company would refuse to provide a letter just doesn't make sense... I'm not sure what to advise other than find a better employer. (A side-benefit of quitting, you would be able to get a Record of Employment). Other than that, document everything you can in writing -

There are enough of you with this problem on this forum here where it may be of value in taking a group approach to consulting a lawyer - one with a combination of specialties in immigration, labour law, possibly human rights, and possibly international employment contracts.

This link is merely an example - I do not know this person nor any lawyer in a professional capacity, so I cannot offer a recommendation regarding their services -
http://www.jacohenlaw.com/840

 

[CEC_2174]

Hey Love-Canada

if you do not want to re-apply then go through this....... I picked up from this fourm unfortunately not able to paste any links here not sure why

What are your options?
If you get a letter in the mail from Canada Immigration advising you that your application for Canadian immigration was refused, do not panic! You have options.

You may be eligible to Appeal your Canadian Immigration Application Refusal to the Federal Court of Canada within a certain period after you were notified of the refusal by Canada Immigration.
You may be eligible to Appeal your Canadian Immigration Application Refusal to the Immigration Adjudication Division (IAD) within a certain period of after your application was refused by Canada Immigration.
You may be able to make a request for Restoration to the Case Processing Centre (CPC) after being notified if the refusal.

What option is right for me?

It depends on a number of factors such as the nature of the case. Is it a Skilled Worker Application, Canadian Sponsorship Application or Canadian Work Visa refusal?

And it also depends on where the Canadian immigration application was filed and processed. Was your Canadian immigration application filed within Canada or at a Canadian Consulate or Embassy outside of Canada?
Why did my Canadian Immigration Application get Refused?

Generally refusals for Canadian immigration applications do not just happen. When applications for Canadian immigration are submitted to Canada immigration, an immigration officer is responsible for reviewing the application and making an assessment about whether the application should be approved or denied. The immigration officer has guidelines for making decisions on immigration cases. These guidelines are found in the Immigration Regulations as well as Immigration Manuals.

When applications do not meet the various standards and criteria set out in the Immigration Regulations and Manuals, then the likely result is a refusal. However, in many cases, Canadian immigration officers make mistakes in their decisions. They often are too strict in their interpretation of the guidelines or they simply fail to review all the documentation and information in an application. Sometimes applicants are called for a personal interview and the immigration officer does not believe the applicant is credible or trustworthy.

Whatever the reason for the refusal, it is important to act very quickly once you are notified that your case was denied. You should then seek out a qualified and experienced Canadian immigration lawyer who is licensed. If your case has merit, then an Immigration Appeal should be considere


Canadian Immigration Application Refusal

It can be devastating to learn that your application to reside in Canada has been refused.

Fortunately, you may have recourse. A Canada immigration officer's decision to refuse an application may be challenged if that decision was wrong in fact or in law, or if that decision is not in accordance with the principles of procedural fairness.

Family Class sponsors have an additional recourse. They can ask that a refusal be reversed by raising humanitarian and compassionate considerations.

You may retain our law firm to provide you with a detailed analysis of the refusal decision. We will also advise you as to which remedies may be available to reverse the refusal decision.

If warranted in your particular situation, we can do the following:

Reconsideration letters – If the refusal was based on an error in fact or in law, and/or if that decision was not in accordance with the principles of procedural fairness, we will write to the Program Manager of the Canadian Visa Office to point out the errors and to request a reconsideration of the refusal decision;
Appeal – Wrongful refusals may, in certain instances, be appealed to the Federal Court of Canada or to the appropriate provincial court or, in the case of family sponsorships, to the Immigration Appeal Division.


APPEAL OPTIONS (CANADIAN IMMIGRATION)

The formal place that immigration appeals are made is the Federal Court of Canada. Most people choose to be represented by a lawyer at Federal Court.

The Federal Court is a court that has judges who are lawyers. Federal Court is strict, formal and has more complicated procedures. Federal Court involves a two step process. The first step is to file an appeal to get leave which is done by arguing your case by filing documents with no actual appearance at the Federal Court. In order to get leave to appeal you must prove there was a serious mistake made by the visa officer at the interview. If you succeed and get leave, you get the permission of the Federal court to go to step two which is the actual appearance at Federal Court in person to argue the case.

A typical case would be a skilled worker or business (investor, entrepreneur, self-employed) immigration applicant who goes to the interview at the Canadian Consulate or Embassy overseas, meets with a visa officer and fails the interview. The visa officer will issue a rejection letter setting out the reasons for the rejection. The applicant has a limited number of days (60) to respond and file a notice to commence a court action to appeal the case. If you miss the deadline generally you are not able to file an appeal. There are certain special circumstances and legal arguments that can be made that will allow you to continue even if you miss the deadline.

The general procedure for a Federal Court appeal is after the applicant files the Notice to start the action, the Respondent who is Citizenship and Immigration Canada (“CIC”) files an appearance confirming they will oppose the appeal. The applicant receives a copy of the visa officer's files containing documents filed and most importantly a copy of the interview notes made by the visa officer that have been inputted into the government computer. After a review of this material the applicant will file an applicant's court record containing the written argument, photocopies of legal cases and law supporting the argument and the applicant's affidavit that is a written document telling the applicant's story.

The respondent CIC is represented by the Department of Justice (“DOJ”) and they file their argument. The applicant has a chance to respond to the points made by the respondent in the respondent's argument.

If leave is granted the Applicant gets to go to Federal Court to actually argue the case in person. This usually takes approximately 12-18 months from the date of commencing to appeal to get to Federal Court to argue the case in person. If no leave is granted the appeal is ended.

If you fail at Federal Court, you can also appeal to Federal Court of Appeal. If you fail at Federal Court of Appeal, you can also appeal to the Supreme Court of Canada. For both Federal Court of Appeal and Supreme Court of Canada you first must get leave to appeal.

Regards