Explanation Letter for lack of Employer Reference Letter

[jsm0085]

I agree with senoritabella.

Though there are many applications rejected for want of duties and responsibilities in the reference letter, there have been exceptions. There have been applicants who have justified their case and been able to convince the VO.

If there is a genuine reason with a valid evidence for not having duties and responsibilities listed in the reference letter, there could be considerations. Though the chances are very minimal.

It is no law for the employer to list duties and responsibilities for an employee. So we fight with our employer. If we fail, do we not apply for CEC at all ?

There has been ONE user on this forum who has apparently been successful without the reference letter. A whole lot more in the same position have been rejected. I guess ultimately it comes down to how much living / staying in Canada actually means to someone.

 

[Andy2109]

jsm0085, please correct me if I am wrong.

applying without a reference letter is completely ruled out. applying with a reference letter and all other docs / details in order except for duties and responsibilities (not listed by the employer in the reference letter but self listed and justified with credible evidence), I don't think the success possibility is completely ruled out.

 

[jsm0085]

jsm0085, please correct me if I am wrong.

applying without a reference letter is completely ruled out. applying with a reference letter and all other docs / details in order except for duties and responsibilities (not listed by the employer in the reference letter but self listed and justified with credible evidence), I don't think the success possibility is completely ruled out.

It's not ruled out, no. However, again, going on the experiences of those in this forum, and others, they still tend to be unsuccessful.

I'm not suggesting people should give up, I'm just suggesting they should seek expert advice as none of us can guarantee they will succeed by following our advice. All we can say is give it a go and for many, like me, immigration is too important to just hope for the best.

An immigration lawyer has a much better idea about how to proceed and how to successfully fight a rejection due to these issues. All we, including myself can do, is speculate, and that is not good enough when the results can destroy peoples life plans !

 

[rajjj]

It's not ruled out, no. However, again, going on the experiences of those in this forum, and others, they still tend to be unsuccessful.

I'm not suggesting people should give up, I'm just suggesting they should seek expert advice as none of us can guarantee they will succeed by following our advice. All we can say is give it a go and for many, like me, immigration is too important to just hope for the best.

An immigration lawyer has a much better idea about how to proceed and how to successfully fight a rejection due to these issues. All we, including myself can do, is speculate, and that is not good enough when the results can destroy peoples life plans !

I THINK ...........BASICALLY U R RIGHT .............IF CIC STILL REJECTING EVEN ATTACHED T4,NOA, EXPLANATION LETTER.BECAUSE NOW THESE DAYS CIC TRENDS PASS AND FAIL. WE CAN NOT TRY IN IMMIGRATION MATTER.WE HAVE TO DO PREPARE DOCUMENTATION ACCORDINGLY THEIR TERMS AND CONDITION.

 

[jsm0085]

I THINK ...........BASICALLY U R RIGHT .............IF CIC STILL REJECTING EVEN ATTACHED T4,NOA, EXPLANATION LETTER.BECAUSE NOW THESE DAYS CIC TRENDS PASS AND FAIL. WE CAN NOT TRY IN IMMIGRATION MATTER.WE HAVE TO DO PREPARE DOCUMENTATION ACCORDINGLY THEIR TERMS AND CONDITION.

The issue is that T4's and NOA and letters of employment that confirm job title does not actually prove that the work experience falls into group 0, A or B. The officer cannot actually assess whether the applicant is eligible without it.

It's like people who apply with the correct reference letter but with the wrong NOC code, they get rejected. It's not a matter of proving that you have worked legally in Canada, it's a matter of proving what job you have done!

 

[rajjj]

It's not ruled out, no. However, again, going on the experiences of those in this forum, and others, they still tend to be unsuccessful.

I'm not suggesting people should give up, I'm just suggesting they should seek expert advice as none of us can guarantee they will succeed by following our advice. All we can say is give it a go and for many, like me, immigration is too important to just hope for the best.

An immigration lawyer has a much better idea about how to proceed and how to successfully fight a rejection due to these issues. All we, including myself can do, is speculate, and that is not good enough when the results can destroy peoples life plans !

here can u please solve my problem...........
i worked with Canadian company in b level job from April 2010 to October 2012.
i worked continuous.i have pay stubs ,t4 ,noa, everything that showing i was working in this particular time.and i also got letter of reference April 2010 to April 2012 so two years is completed that letter showing ,
its also showing my designation,salary ,full time .weekly hours, and all my job duties and noc code and all matching with noc code
its showing person name contact no, email, address company address, and all these on company letter head. but after that my company sold out in april 2012 and new management has different rules and polices and new company hr has denied for gave me same letter for rest of time from April 2012 to October 2012. now i am not more working with that company .
how can i show that particular time period that i had been worked their ?that work permit was closed with lmo

 

[rajjj]

here can u please solve my problem...........
i worked with Canadian company in b level job from April 2010 to October 2012.
i worked continuous.i have pay stubs ,t4 ,noa, everything that showing i was working in this particular time.and i also got letter of reference April 2010 to April 2012 so two years is completed that letter showing ,
its also showing my designation,salary ,full time .weekly hours, and all my job duties and noc code and all matching with noc code
its showing person name contact no, email, address company address, and all these on company letter head. but after that my company sold out in april 2012 and new management has different rules and polices and new company hr has denied for gave me same letter for rest of time from April 2012 to October 2012. now i am not more working with that company .
how can i show that particular time period that i had been worked their ?that work permit was closed with lmo

i worked with Canadian company in b level job from April 2010 to October 2012.
i worked continuous.
i have pay stubs ,t4 ,noa, everything that showing i was working in this particular time.
and i also got letter of reference April 2010 to April 2012 so two years is completed that letter showing ,
its also showing my designation,
salary ,
full time .
weekly hours,
and all my job duties and noc code and all matching with noc code
its showing person name
contact no,
email,
address company address,
and all these on company letter head.
but after that my company sold out in april 2012 and new management has different rules and polices and new company hr has denied for gave me same letter for rest of time from April 2012 to October 2012. now i am not more working with that company .because work permit expired .
how can i show to cic that from April 2012 to October 2012 ?

 

[jsm0085]

You are in a slightly better position as you have a reference letter which details your roles and duties, along with everything else, in a skilled occupation within the last 3 years!

Personally I would: -

1) Submit that reference letter (along with T4 and NOA for 2011-2012)
2) Submit all other documentation
3) Get the company to provide you with the standard letter of employment or equivalent
4) write an explanation letter

You are in a better position as the requirement is now to prove 1 year of legal and relevant work experience within Canada. It may not be perfect but you have a much higher chance of success than those without any reference letter. However, there will always be a level of uncertainty.

 

[SenoritaBella]

I can't help but wonder why any employer would refuse to provide one. It's factual information anyway... so many lives shattered over it. *sigh*

 

[jsm0085]

I can't help but wonder why any employer would refuse to provide one. It's factual information anyway... so many lives shattered over it. *sigh*

Couldn't agree more. It does seem to be specific to Indian multinationals from what users have been saying on here. I still find it all a little odd!

 

[shells]

I can't help but wonder why any employer would refuse to provide one. It's factual information anyway... so many lives shattered over it. *sigh*

I believe it's important (especially more so if you are planning to apply for immigrations someday, or you are working for small businesses) that you never burn the bridges with any of your employers, superiors or even coworkers, always be professional and keep your cool, regardless of how unhappy or angry you are in the course of your job.

That way, there will be a higher probability that they are willing to provide that letter when the day comes that you need it. If they have a bad impression of you, nobody will want to help you. They may even pray hard that you are unsuccessful in your application. If you were professional and have a good attitude throughout your whole time with them, they will respect you for that and try to assist you.

 

[Johnny31]

I can't help but wonder why any employer would refuse to provide one. It's factual information anyway... so many lives shattered over it. *sigh*

Yeah, that's why I had it written in my contract that I will be able to get such letter when I needed it.

 

[jsm0085]

Yeah, that's why I had it written in my contract that I will be able to get such letter when I needed it.

This is actually a really good idea for those who need to worry about it. Definitely worth considering for those who may be taking up employment with new companies. When did you apply Johnny31?

 

[RabbiGill]

Thanks SB for your reply. Just wanted to add that my Canada Visa letter does include list of roles and responsibilities, but is around an year old.

Thanks for the help again.

Hi, This is something I used. I am providing you, obviously, a more generic version:
Re: Explanation for missing letter of reference from the employer



Dear Sir/Madam,

I had joined XYZ international on DD MM YYYY in India and have been transferred to its Canadian office on a work permit from DD MM YYYY to work with their client, ABC INC.

Unfortunately, I wasn't able to ask for any employment reference letter from my employer as such a request may jeopardize my current employment. I hope you understand my situation and still consider my application eligible for Canadian permanent residency.

However please see the attached Employment Proof procured for different purposes, which would relate my association with XYZ International in Canada and strengthen this application.


Below is the information that was sought from my employer. I will attach photocopies of all documents where they are relevant.

1. Period of Employment with XYZ International : Total Years
2. Positions I have held during the period of employment and the time spent in each position: Positions
3. My main responsibilities and duties in each position See attached
4. Employment Proof procured for a different purpose, stating my stay in Canada with XYZ International See attached
5. My annual salary plus benefits CAD -----
6. Employer Offer Letter, Onsite Offer Letter and Salary Revision Letters See attached
7. The number of hours worked per week 37.5 hrs


I hope the information provided and the supporting documents attached with my application satisfy your requirements.

 

[RabbiGill]

Of course, the info I have provided for the explanation letter is something I have sent. obviously it doesn't ascertain or guarantee that your application will be passed or failed. Yes, our companies don't provide these letters, for the sole reason that they don't want their employees to apply for PR, become independent and resign to get a better job. But we play with the hand that we are dealt rather than wishing we were dealt a better hand.
Also, ensure that you do provide a reference letter of duties, get it signed by either one of your colleagues or your immediate manager and attach his company given visiting card with that letter, if you can.
If you can get something from the client mentioning what you do for him on their letterhead, that would be a bonus too.

As for the need of an immigration lawyer, ofcourse they do help. but, if reference letter is what stops you from getting PR. No immigration lawyer can provide you that.