CEC Refused!...Please help!!

[jes_ON]

• 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...

 

[hbic]

hi everyone. i hope i could be a little help. for those who are confused about matching the salary with the appropriate NOC, you can refer to the link below. all you need to do is match the NOC with the average wage rate of a certain place and also the duties and responsibilities in a specific NOC. good luck!!

http://www.workingincanada.gc.ca/content_pieces-eng.do?lang=eng&cid=1

 

[Islington]

Hi hbic,


Thanks for your help but I still don't get it...I have been working as a secretary, my duties are matching with NOC 1241-B and my employer will sign the reference letter saying that i'm a secretary.
However, instead of making 19.75 as an average rate for NOC 1241 in my area, I get 12 (it was 10 before, recently got a raise to $ 14). This is what the company is paying for me and it's not my fault that I'm not getting the average. I'm afraid they will refuse my applciation because of my salary...Any idea how can I proove that I'm a secretary getting $ 12 per hour?
Thanks

 

[SenoritaBella]

Provide all documents requested and hope for the best. I don't think there's much else you can do.

Hi hbic,


Thanks for your help but I still don't get it...I have been working as a secretary, my duties are matching with NOC 1241-B and my employer will sign the reference letter saying that i'm a secretary.
However, instead of making 19.75 as an average rate for NOC 1241 in my area, I get 12 (it was 10 before, recently got a raise to $ 14). This is what the company is paying for me and it's not my fault that I'm not getting the average. I'm afraid they will refuse my applciation because of my salary...Any idea how can I proove that I'm a secretary getting $ 12 per hour?
Thanks

 

[hbic]

hi, i don't understand either. but maybe, the immigration will think that there is such arrangement between you and your employer. like, the employer will give you an employment letter stating your job details, but since you are paid below average, they would think that you are performing another duties (maybe). i don't really know why. you should look for an employer that will give you the appropriate pay for your position. that average rate according to the government is based on statistics.

 

[Islington]

Thanks for your reply..This is ridicoulous..I thought this programe is based on your experience and not based on your salary.It's really hard to find an employer who would pay you that much...Especially when they know that you do not have permanent papers...Anyway, I can't find another employer as I'm pregnant . I'm having my baby in June..If they refuse my application because of my salary I would find it very unfair...I already faced some kind of difficulties before regarding some other pragrame and I have to tell you then that this country only accepts people with high salaries and that's so sad...AND If I go on-line now I can find advertisements on the Jobbank in my region where they are offering $ 13 and $ 14 for that positions...However, they say the average is $ 19.00...Do you think it would be a good idea to print it out and send it along with my application so they can see??

 

[hbic]

i think you can't argue with that. it's true that there are some employers offer very low rate. but there are employers also offer high rate. the thing is, the immigration is taking the average, so kinda like in between. what work permit do you hold now? coz if you needed an LMO, you should be getting the average rate in your area.

 

[Islington]

I got an open work permit so there is no rate specification...

 

[jes_ON]

NOC 1241 covers a range of occupations, from executive secretary (big $$$) to church secretary (likely very small $).

The real question is, do your job duties match NOC 1241?

The only concern you may have is if your job duties look more like those for NOC 1411 -
http://www5.hrsdc.gc.ca/NOC/English/NOC/2011/ProfileKeyword.aspx?val=1&val1=1411&val11=office+assistant&val12=0&val13=0&val14=&val15=0&val16=0

 

[Islington]

My duties match even NOc 1241-B and 1411-C.. I mean if you take a look on both they are almost the same...I'm doing both...Basicly what I can see as a difference is that 1241 includes more organizing duites and the other, NOC 1411 is more administrative.. But there is not a big difference in average salaries. Noc 1241 is $ 19.75 and NOC 1411 is $ 17.00. I'm confused what they want..An average salary is not a rate so why do they need an average salary?... my salary is between the range.. I found an advertisement on their website offering NOC 1241 position for a salary of 13 to 14...like my salary...I do not work for a big company but I do all duties included in NOC 1241 and I also have a qualificaton...

 

[wlee62]

I don't think you have to worry much about what your salary is. I applied under a managerial category and was paid maybe $12/hour, and it was not an issue for me.

 

[Islington]

Thanks wlee62!I hope you are right...

 

[Islington]

I've just read a post telling that according to a HRSDC agent, applications does not meet the average wage won't be considered....This is very dissapointing and unfair....I have already paid a lot of money to gather documents...

 

[flag2009]

to Islington:

There is not much you can do, apply ASAP (if you qualify) with AS MUCH information you can provide, if you think attaching the advertisement with $13-14 rate will help then attach them. It all depends on the immigration officer you get.

When i was applying I attached everything i thought will help, even attached my Job advertisement as it appeared on the job site.

 

[Islington]

Thanks flag2009!