jes_ON
VIP Member
- Jun 22, 2009
- 1,421
- Category........
- Visa Office......
- New York
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 06-May-2010
- AOR Received.
- 13-Aug-2010
- File Transfer...
- 01-Mar-2011
- Passport Req..
- 30-Jun-2011
- VISA ISSUED...
- 12-Jul-2011 (received 25-Jul-2011)
- LANDED..........
- 03-Sep-2011
CECME said:• Reason: The duties and salary listed in your letter of reference are not consistent with NOC 0611
• Salary: $12/per hr( Lawyer said the salary should not be an issue)
Now my lawyer gave me 3 options since my VISA will be expired in Dec this year
1. Appeal. But first she will try to contact them and explain my company situation( a small and relatively new company)
2. Re-apply ECE then maybe change the job title?
3. Get married with my long time girl friend( which is the last option for me)
The overall title for the NOC (2006) is Sales, Marketing, and Advertising Managers - typically these people are going to be salaried, not on hourly wages, making anywhere from 30K per year to 100,000K +. Managers manage people and processes. Did you supervise others? How many? Is it listed as on of the key duties/responsibilities?
Since you mentioned "it's a small company" - I'm guessing this might be the problem. If you did not supervise other people, it's the wrong NOC. And, while there is no "salary requirement," if your salary is not consistent with the NOC, it is a clue that perhaps you are "fudging" a bit. The fatal flaw was that the duties were not consistent with the NOC.
I don't think this has anything to do with the Ottawa-CPP - CIC has been looking at this for at least a year, since the rules were tightened up for issuing LMOs.
If it's an honest mistake, and you find an appropriate NOC that is still skilled, your lawyer can try to appeal for you (esp. if she takes the blame for the error), but it is unlikely to succeed. Note that your NOC is from the 2006 NOC list and if you appeal, you can continue to use the 2006 NOC list (HRSDC has re-posted them), or use the 2011 NOC codes.
IF you submit a new application, you'll have to go to the 2011 NOC codes, where 0611 no longer exists - the category has been broken down into several new categories, which is actually good (it was too big of a catch-all category).
The passport is an issue, because even if you could get a new application submitted and approved in record time, the passport must have at least 6 months left for the PR visa to be issued. For that reason only, I would suggest it may be worth a desperate effort to appeal, but you'll need more than your lawyer - go see your MP and if he/she is sympathetic and responsive (that's a big if), perhaps they can also appeal on your behalf. Still, don't get your hopes up...