CEC rejected - any advice?

[nliceberg]

A postdoc with 1+ year experience, filed application last year. Got rejected today.

"Your application was assessed based on the occupation which you identified as part of your skilled work experience in Canada: 4011
I am not satisfied that you meet the official language proficiency and skilled work experience requirements, because your spoken English skill level of 5.5 is lower than the required benchmark of 6.0. Furthermore, your work experience as a researcher meets only one of the nine possible requirements listed for NOC 4011, given that for the period of twelve months in question, you had no contact for teaching, lecturing, marking or mentoring students."

I don't think the assessment is correct. First, my english test result (5.5, 6.5, 7.5, 8.0) was good at the time when the application was received (Dec 20, 2012; one could qualify with one 5.5, two higher than 6 and one higher than 7.5). Second, my employment letter showed the job title postdoctoral fellow, which is listed in NOC4011. The letter also showed the main duty of the job was to conduct research which met one description of NOC 4011. Is there a rule saying a job has to fit more than one duties to be put into one catalogue?

I can retake the test and ask my supervisor to add more duties to the letter. But it will take probably another year. So any advice, please? Is there anyway to argue with them and make them reconsider my application? Or is it a good idea to appeal? Or just file another application?

 

[guri3577]

Unfortunately, CIC is really strict when it comes to matching job duties. You should search for the job duties and try to get a letter which mentions those duties (not the same wording). For example: If a job has 10 duties showing up, try to get around 7 or 8 matching those atleast.

 

[nliceberg]

But as a postdoc, I can fit 3 out of 9 duties in NOC4011 at most. What can I do?

 

[canadavisa13]

hi nliceberg,

sorry to hear about your rejection after such a long wait,please stay strong
can you please clarify what skill type is noc 4011 and i will try to help.

 

[nliceberg]

Thanks.
Postdoc under 4011: Occupations in education, law and social, community and government services, skill level A.
Maybe I should reapply as research chemist under 2112: Natural and applied sciences and related occupations, skill level A.

 

[jaihanuman]

You should get all 6 thats the mandatory and minimum requirment.
They are very strick about these rules.\

I am sorry.

 

[salmo77]

Very sorry to hear that.

I think the major issue here is related to the Ensligh test

If your P.I. (boss) here in Canada is known, he must have a webpage (like most do), and most have their trainees listed ? If the boss takes the time to write a letter AND specifically write who you are...it's hard to believe they would not believe you are indeed a PDF.

Do you have any publications with your current PI? Where these included in the application?

Incredible. Although again, I am not that surprised. Certainly proves again that there are little brain cells involved in the review of applications by VOs.

All the very very best, and again sorry to hear this.

 

[iamroth]

But as a postdoc, I can fit 3 out of 9 duties in NOC4011 at most. What can I do?

Sorry but I think, out of 9 you should match at least 6 duties to stand a chance.

 

[gladaki]

A postdoc with 1+ year experience, filed application last year. Got rejected today.

"Your application was assessed based on the occupation which you identified as part of your skilled work experience in Canada: 4011
I am not satisfied that you meet the official language proficiency and skilled work experience requirements, because your spoken English skill level of 5.5 is lower than the required benchmark of 6.0. Furthermore, your work experience as a researcher meets only one of the nine possible requirements listed for NOC 4011, given that for the period of twelve months in question, you had no contact for teaching, lecturing, marking or mentoring students."

I don't think the assessment is correct. First, my english test result (5.5, 6.5, 7.5, 8.0) was good at the time when the application was received (Dec 20, 2012; one could qualify with one 5.5, two higher than 6 and one higher than 7.5). Second, my employment letter showed the job title postdoctoral fellow, which is listed in NOC4011. The letter also showed the main duty of the job was to conduct research which met one description of NOC 4011. Is there a rule saying a job has to fit more than one duties to be put into one catalogue?

I can retake the test and ask my supervisor to add more duties to the letter. But it will take probably another year. So any advice, please? Is there anyway to argue with them and make them reconsider my application? Or is it a good idea to appeal? Or just file another application?

If you can post the rejection letter we can guide you better. And file other application appealing wont work unless they done some mistake

 

[nliceberg]

Thank you all for the kind replys.

I think my English results was ok at the time the application was received when the language requirement was lower (the change was installed in Jan 1, 2013 and probably the visa officer was not aware of it). And I remember from somewhere in the policy it is stated the application will be assessed based on the criterias at the time the application was received or at the time of the assessment starts whichever is in favor of the applicants. Correct me if I'm wrong on this. If that's ture, they cannot refuse my application for my english results. Can I ask them to reconsider my application?

It seems it is widely agreed that to fit one catalogue, the job duties must fit a large portions of the job descriptions in the catalogue. And fiting only one job description will result in refusal. I wonder why they put postdoc in this catalogue since I think most postdoc will focus on research. Anyway, I guess my best chance is to file a new application and change my NOC to 2112, then my job duities cover more than half of those listed. And another question arises, is it ok if my job title is not listed in NOC2112?

Btw, I do have many publications with my boss but I did not think it was relevant so I did not include them in the package.

 

[gladaki]

Thank you all for the kind replys.

I think my English results was ok at the time the application was received when the language requirement was lower (the change was installed in Jan 1, 2013 and probably the visa officer was not aware of it). And I remember from somewhere in the policy it is stated the application will be assessed based on the criterias at the time the application was received or at the time of the assessment starts whichever is in favor of the applicants. Correct me if I'm wrong on this. If that's ture, they cannot refuse my application for my english results. Can I ask them to reconsider my application?

It seems it is widely agreed that to fit one catalogue, the job duties must fit a large portions of the job descriptions in the catalogue. And fiting only one job description will result in refusal. I wonder why they put postdoc in this catalogue since I think most postdoc will focus on research. Anyway, I guess my best chance is to file a new application and change my NOC to 2112, then my job duities cover more than half of those listed. And another question arises, is it ok if my job title is not listed in NOC2112?

Btw, I do have many publications with my boss but I did not think it was relevant so I did not include them in the package.

My NOC is 2113...My Job duties doesnot match what they say on website. Only thing match is I work with seismic data.....But still the last GCMS said that my duties appears to match with NOC..If you are technical field you cant really copy all the duties.

Though I should mention my file was rejected because I calculated exp from PGWP instead of convocation. I send my new file yesterday only

 

[jaihanuman]

These language chnages were made last June before that it was good.

 

[jes_ON]

Thanks.
Postdoc under 4011: Occupations in education, law and social, community and government services, skill level A.
Maybe I should reapply as research chemist under 2112: Natural and applied sciences and related occupations, skill level A.

Yes, if that is what you do, then you should apply under NOC 2112.

In the Foreign Worker's manual.

"Given the absence of an occupational code in the NOC for post-doctoral fellows, please use the
applicant’s specialty. For example, an applicant in Earth Sciences could be coded 2113 as a
geologist or 2115.2 as a soil scientist."

www.cic.gc.ca/english/resources/manuals/fw/fw01-eng.pdf‎

 

[lucky_CA]

Can we select NOC for postdoctoral fellow based on specialty now? because the suggestion was there when no NOC was assigned for the postdoctoral fellow.

In year 2011 NOC system postdoctoral fellows are specifically included in NOC code 4011. Although, they can match only 3 out of 9 listed duties at best.

 

[jes_ON]

Can we select NOC for postdoctoral fellow based on specialty now?

That is what you are supposed to do, that has been the rule for some time now.