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CEC with NOC 6315

Nick1987

Full Member
Mar 17, 2016
30
0
Hello all,

I graduated on May, 2015 and I received my ITA with 600 points LIMA on August 2016, and submitted my application on Sept 2016. My duty is to assign cleaning work and doing inspection everyday, and also in charge of training new staff as well. My wage is low and it's under 15/hour. I really worried if my application be refused because of my wage. I cannot find my professional job right after graduation and that's why I did this to satisfy immigration. The place I worked for is around 6-7 staffs in total.
 

SCC

Star Member
Dec 5, 2016
129
15
Job Offer........
Pre-Assessed..
Nomination.....
30-12-2016
There was a similar case which was refused by CIC back in the day but the appeal was allowed..

Take a look

Qin v. Canada (Citizenship and Immigration)

http://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/61902/index.do

Neither the Immigration and Refugee Protection Regulations (the “Regulations“) nor the Citizenship and Immigration Canada Processing Manuals state that officers should consider salary when assessing whether an applicant has the requisite experience in a skilled position for the CEC. Section 87.1 of the Regulations simply require an officer to evaluate whether a candidate has experience in an eligible occupation. On this point, Madam Justice Gleason wrote that:

In evaluating whether or not an applicant’s experience falls within a permissible [occupation], an officer is required to understand the nature of the work performed and the degree of complexity of the tasks undertaken, to determine whether or not they fall within the duties listed in the relevant [occupation]. The requisite analysis necessitates much more than a rote comparison of the duties listed in the [occupation] with those described in a letter of reference or job description. Rather, what is required is a qualitative assessment of the nature of the work done and comparison of it with the [National Occupational Classification Code (“NOC“)] descriptor. Indeed, there is a line of authority which indicates that, in the context of Federal Skilled Workers (where an officer is similarly required to assess duties performed against the NOC Code descriptors), the officer may legitimately question whether the applicant possesses the relevant experience if all that he or she does is repeat the duties from the NOC descriptor in a letter of reference. In such cases, this Court has sometimes held that an officer is required to hold an interview or pose additional questions in writing to an applicant, in order to obtain more detail about the actual nature of the work performed (see e.g. Talpur and Patel v Canada (Minister of Citizenship & Immigration), 2011 FC 571). Thus, it is beyond debate that the officer must undertake a substantive analysis of the work actually done by an applicant.

The Court then went on to note that the salary paid to an employee is typically one indicator of the complexity of the work performed. The more complex the task, the higher the wages paid for it. As such, the average wage for a position in general is relevant to the assessment of the nature of a CEC applicant’s experience. Madam Justice Gleason also noted, however, that while it is reasonable for immigration officers to consider salary as one factor of the analysis, it would be unreasonable to “weed out” or disqualify applicants who did not earn a position’s minimum salary.
 

Nick1987

Full Member
Mar 17, 2016
30
0
My salary is already deducted by room and internet rate. If it's included, it will be 19-20$/hour.