Employer refused to provide Reference letter with Job duties, any alternative ?

[srionline117]

Andy:

Our payroll dept is in India.

In Canada, ADP issues paystub monthly and credits salary in a Canadian bank here. Our HR here in Canada takes care of Immigration applications etc. paper work.

 

[Andy2109]

In that case, the company paying your salary in Canada should issued the Employment / Reference Letter as well.

Will it not be possible for you to get any kind of Employment letter from your Canadian HR ? (even without duties listed) ? It again need not be issued necessarily for the purpose of applying for PR only. Has your Canadian HR sent you any mail or in writing that they cannot issue an Employment letter ?

You will need to get some kind of Employment letter from your Canadian employer and also attach the letter from your India HR. Attach all pay stubs, petition, offer letter, T4, NOA and explain your situation in a letter addressed to CIC with your PR package.

 

[srionline117]

Andy:

I have the stuff you mentioned. What to attach regards to 'petition' ?

When I landed here, Canada HR issued me letters addressing US consulate, children school board and leasing apartment landlord. Are these OK to submit? But, they have my minimum information and also that time I just completed one month in Canada.

Next, I have refusal email from Canada HR reg employer ref letter but email date is of 2011 year. Is it OK to attach?

 

[Andy2109]

(1) Petition is not mandatory to be attached. It is one of additional docs 'nice to have'.
(2) You will have to get a fresh letter (latest) from Canada HR which can evidence more than 12 months of exp.
(3) Refusal email you received in 2011 is too old. It will not hold ground. You can now write an email to your Canada HR requesting for a letter of reference containing the details (as required by CIC). Print a copy of their refusal email. Highlight the words mentioning refusal with a marker and attach your PR package along with a letter.

 

[srionline117]

Thanks a lot, Andy.

 

[xecuter]

Hello Andy and Forum Members,

Have a query. Please advise.

I work for an Indian IT company in Canada. Came here on a closed work permit. We have HR & Immigration dept in Canada for my company. But, our head office or the HR who issued offer letter etc., is in India. Canada HR refused to give reference letter for applying Canada PR. Somehow, I managed to get a letter (by saying I need it for some Insurance purpose) with needed 4 things (role, salary in CAD, duties/responsibilities, 40 hrs/week) on Company letter head with India HR signature. At end of the letter, HR mentioned a statement as "This letter is issued for the purpose of Insurance in Canada". The HR has a condition that without mentioning a purpose they cannot issue any letter.

Now, can I just use that original letter ONLY for applying PR under CEC? Will that suffice ? Or I must have an employer reference letter issued by Canada HR because I am working in Canada?

Appreciate your valuable suggestion as its VERY VERY important.

Thanks for your time.

You can use this letter for CEC. However, please ensure to enclose a letter written by you and addressed to CIC explaining that your company refused to issue a letter addressed to CIC. They will understand.

 

[rajjj]

IS there any reason why Occupation on Work permit will not work.

I can make out one thing that someone can say that Work permit states all at the start of your JOB, but what is the surety that I was working on same JOB or doing clerical work.

i think am also in same situation but i litle bit same ....
i worked with a company from april 2010 to octuber 2012
i got refrence letter from strat dateapril 2010 to april 2012 so two years it showing my b level jobs duties and salary noc code etc
but after that my company took over by onther company and new company has denied to gave me same format refrence letter so now i am worried about the time may 2012 to octuber 2012 i dont have any letter that showing my duties in this particular time .but i as working that time same designation same salary and same hours with close( work permit lmo based.)any suggention

 

[rajjj]

i think am also in same situation but i litle bit same ....
i worked with a company from april 2010 to octuber 2012
i got refrence letter from strat dateapril 2010 to april 2012 so two years it showing my b level jobs duties and salary noc code etc
but after that my company took over by onther company and new company has denied to gave me same format refrence letter so now i am worried about the time may 2012 to octuber 2012 i dont have any letter that showing my duties in this particular time .but i as working that time same designation same salary and same hours with close( work permit lmo based.)any suggention

ples what should i do
i have
work permit copy
pay stubs
i need help please advise

 

[sabidhawan]

The only thing you can do is create a letter stating you job duties and mention that your employer has refused to write any such letter. Its a very common thing with IT companies. I made a mistake and my file was rejected for not having job duties but now lot of people just write a letter explaining the situation

 

[jsm0085]

The only thing you can do is create a letter stating you job duties and mention that your employer has refused to write any such letter. Its a very common thing with IT companies. I made a mistake and my file was rejected for not having job duties but now lot of people just write a letter explaining the situation

This is not good advice to provide. Most people who post on this form who have provided a letter outlining their own job duties have had their applications refused. This is a required document by CIC and the chances of being accepted without it are very, very unlikely.

You can try, just don't accept to be successful.

 

[sabidhawan]

Good advice or bad if you cant get the employment letter this is the only chance you have . The most you can do is provide the joining letter, pay stub and explanation . There is no law in Canad to force and employer to provide you a reference letter .

 

[jsm0085]

Good advice or bad if you cant get the employment letter this is the only chance you have . The most you can do is provide the joining letter, pay stub and explanation . There is no law in Canad to force and employer to provide you a reference letter .

This is incorrect. None of us here - not the seniors, myself nor you are Canadian Immigration Lawyers. While we can all try and support ourselves and others, certain issues such as this should potentially be raised with professionals who can possibly offer further advice.

It is unfair for any of us to suggest that someone does something that usually causes someones application to be rejected - it's irresponsible. Submitting an application without a reference is the BIGGEST cause of rejection under the CEC class.

If you are in this position, seek the advice of a professional. No one on here, including myself, can give you the answer you want!

 

[andreleiangel]

hello guys

i too have the same problem 5 years working in canada in 2 different company but same skilled position and im applying for my PR my problem is the last two previuos company ive work with gave me my certificate of employment without any duties and responsibilities but the present company it has the duties and responsibilities will it affect my application

please reply on this matter thank you very much

 

[jes_ON]

hello guys

i too have the same problem 5 years working in canada in 2 different company but same skilled position and im applying for my PR my problem is the last two previuos company ive work with gave me my certificate of employment without any duties and responsibilities but the present company it has the duties and responsibilities will it affect my application

If you have been working at your present company for at least a year, full-time, it will be OK, as long as the letter from the current employer is complete.

 

[dbss]

hey guys...I don't know if this helps...you guys should probably call the number given in this website....I mean your employers are already not helping you....you might well call and ask if these people have anything that helps you..

http://www.cic.gc.ca/english/resources/publications/tfw-rights.asp