Explanation Letter for lack of Employer Reference Letter

[BramptonWorker]

Hi All,

I am planning to file for PR in CEC category. My Employer does not provide Employer Reference Letter for PR. I was planning to use the two letters that I obtained, one for filing Visitor Visa for my parents and the other for filing my own Canada Visa. Visitor Visa letter is a recent one, while the Canada Visa one is little old.

I am sure I am not the first one writing this letter and I also found many posts on this topic. But I could not find any samples for the explanation letter. If somebody has it, please share. Specific information, I am looking for is:

1. Whom it should be addressed to?
2. Is it okay to mention that the employer does not provide the letter for PR explicitly or we should try to disguise this fact?
3. In the explanation letter, do we have to mention how each and every point mentioned in the guidelines is addressed either by one of the two letters mentioned above or in the payslips (hours per week information)?

Please guide.

Thanks for the help.

 

[webkinzie]

Hi BW,

I am exactly in the same situation as you are. I am not sure what i can do. Did you get any info of what is the right course of action? I am sure many people would benefit from your experience.

Thanks and Regards,
- W

 

[BramptonWorker]

No replies what so ever

 

[SenoritaBella]

1. "To Whom It May Concern"

2. State the reason you are unable to provide a reference letter. I don't see why you would want to "disguise" the truth. Why any employer thinks they are "supporting" your PR application when all you are asking for is list of your duties which is factual anyway is beyond me?

3. No harm in doing that. You can say that in the absence of the reference letter, you have provided xyz as evidence, etc. Make sure you write a list of your main duties yourself and include it with your application. If you still have a copy of the job advertisement(from when you applied), include it or if you can find information about your job on the company's website, include it. Are they at least willing to have someone take CIC's call if they want to verify information?

Attach your paystub(s) the letters you got when you filled for visas, etc.

In the future, perhaps a number of you can come together and bring to light the issue of multinationals refusing to provide reference letters describing your main duties. If they want to operate in Canada, they should abide by the employment laws.

 

[BramptonWorker]

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.

 

[ashcanada]

Hi Brampton,

Just need to know if that letter proforma worked for you. i am in same situation.

 

[rajjj]

1. "To Whom It May Concern"

2. State the reason you are unable to provide a reference letter. I don't see why you would want to "disguise" the truth. Why any employer thinks they are "supporting" your PR application when all you are asking for is list of your duties which is factual anyway is beyond me?

3. No harm in doing that. You can say that in the absence of the reference letter, you have provided xyz as evidence, etc. Make sure you write a list of your main duties yourself and include it with your application. If you still have a copy of the job advertisement(from when you applied), include it or if you can find information about your job on the company's website, include it. Are they at least willing to have someone take CIC's call if they want to verify information?

Attach your paystub(s) the letters you got when you filled for visas, etc.

In the future, perhaps a number of you can come together and bring to light the issue of multinationals refusing to provide reference letters describing your main duties. If they want to operate in Canada, they should abide by the employment laws.

hi i am also same kinda situation i worked in company as a 6211 b level job from april 2010 to octuber 2012 and they gave me letter from april 2010 to april 2012 .but after april 2012 my company took over by onther company and that new company would not want to give me rest of time its almost 6 months same letter of refrence .but during that time i was on same jobs and i did same duties and same salary
so please please what can i do in this situation

 

[SenoritaBella]

Write an explanation of why you can't provide the letter and also say that you have been on the same jobs and did same duties during this time - provide your start and stop dates, etc. Submit the letter you already have, copies of paystubs, job contract, etc. Provide the contact details for someone that CIC can call to verify information.

hi i am also same kinda situation i worked in company as a 6211 b level job from april 2010 to octuber 2012 and they gave me letter from april 2010 to april 2012 .but after april 2012 my company took over by onther company and that new company would not want to give me rest of time its almost 6 months same letter of refrence .but during that time i was on same jobs and i did same duties and same salary
so please please what can i do in this situation

 

[jsm0085]

This is a big issue with CIC.

Personally I'd suggest you try and get an e-mail from your mgr / HR stating that they are not willing to provide this reference letter, and provide this along with any other documentation, you can.

At leas this shows CIC that you have tried. They will ether then take it into account and call your employer for verification of your duties, or they will refuse your application!

 

[rajjj]

Write an explanation of why you can't provide the letter and also say that you have been on the same jobs and did same duties during this time - provide your start and stop dates, etc. Submit the letter you already have, copies of paystubs, job contract, etc. Provide the contact details for someone that CIC can call to verify information.

thanks for reply senoritabella .......I was forigen worker with that company closed worked with that company lmo in my lmo its showing that my degination was supervisor so accordingly by immi law they have to give me letter until last date of work permit expierd but they not will to do that so I am going to give them two years letter which is on and rest of time will write a letter for explan the situation and reason why I can not give CIC reference letter of employment
I have pay stubs
t4
and notice of assessment

 

[rajjj]

Write an explanation of why you can't provide the letter and also say that you have been on the same jobs and did same duties during this time - provide your start and stop dates, etc. Submit the letter you already have, copies of paystubs, job contract, etc. Provide the contact details for someone that CIC can call to verify information.

thanks senorita bella relly helpful info

 

[jsm0085]

thanks senorita bella relly helpful info

Beware though that most people who have applied, who have been in the same position, have had their applications refused. They have provided LMO's, job offers, T4's, NOA's and explanation letters.

Sadly it is a requirement to have this reference letter containing the details and duties, even though corporations have no legal obligation to provide such details. If it's important to you, I'd suggest to you the same as I've suggested to others - see an immigration lawyer.

It's easy for people on here, including myself, to tell you to provide them with a ton of supporting documentation in place of what CEC require - but it will not help nor ensure the success of your application.

Good luck.

 

[SenoritaBella]

FYI...

The CEC checklist does say that a written explanation with full details as to why it is unavailable AND any documentation that would support your claim should be included with your application. It also says that if your application lacks any of the documents without a reasonable justification, it will be returned to you or in certain circumstances could result in the refusal of your application.
www.cic.gc.ca/english/pdf/kits/forms/IMM5610E.PDF

A lawyer may help as far as suggesting additional documentation to support your claim but not much more.

Beware though that most people who have applied, who have been in the same position, have had their applications refused. They have provided LMO's, job offers, T4's, NOA's and explanation letters.

Sadly it is a requirement to have this reference letter containing the details and duties, even though corporations have no legal obligation to provide such details. If it's important to you, I'd suggest to you the same as I've suggested to others - see an immigration lawyer.

It's easy for people on here, including myself, to tell you to provide them with a ton of supporting documentation in place of what CEC require - but it will not help nor ensure the success of your application.

Good luck.

 

[jsm0085]

FYI...

The CEC checklist does say that a written explanation with full details as to why it is unavailable AND any documentation that would support your claim should be included with your application. It also says that if your application lacks any of the documents without a reasonable justification, it will be returned to you or in certain circumstances could result in the refusal of your application.
www.cic.gc.ca/english/pdf/kits/forms/IMM5610E.PDF

A lawyer can't do much in this situation except perhaps write a fancy letter in legal-speak.

Correct. But CEC have not accepted this when it comes to the reference letter - as they can't assess the employment against the NOC without it. When it comes to T4's, NOA's and PCC - yes, they have accepted it.

Every day more and more people post here and on other sites like trackitt about rejections for this exact reason. I don't see any point in telling people to apply and hope for the best when this has been the BIGGEST reason for rejection of CEC applications.

J

 

[Andy2109]

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 ?