Explanation Letter for lack of Employer Reference Letter

[jsm0085]

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.

You are correct, they cannot write the letter for you. They can however: -

1) Ensure you submit enough documentation to meet the requirments in lui of the refernce letter
2) Challenge a refusal based on not having the reference letter, with the law possibly being on their side, depending on the individuals sitatuion

 

[Andy2109]

Guys, tell me something.

I wasn't able to ask for any employment reference letter from my employer as such a request may jeopardize my current employment.

Does this hold any ground ? I personally feel this is a weak argument to place before a VO.

 

[jsm0085]

Guys, tell me something.

I wasn't able to ask for any employment reference letter from my employer as such a request may jeopardize my current employment.

Does this hold any ground ? I personally feel this is a weak argument to place before a VO.

You can try, but I have no doubt it will be refused.

 

[RabbiGill]

You are correct, they cannot write the letter for you. They can however: -

1) Ensure you submit enough documentation to meet the requirments in lui of the refernce letter
2) Challenge a refusal based on not having the reference letter, with the law possibly being on their side, depending on the individuals sitatuion

Well, in that case you are stating a paradox, at one hand you are saying that no documentation can suffice the absence of a reference letter, On the other hand an immigration lawyer can come up with a list of documents that in fact can suffice for its absence.

As far as challenging the refusal and law being on their side, well in that case what can I say, its all speculative.

 

[RabbiGill]

Guys, tell me something.

I wasn't able to ask for any employment reference letter from my employer as such a request may jeopardize my current employment.

Does this hold any ground ? I personally feel this is a weak argument to place before a VO.

Then I think you can help others here with a stronger argument. I just gave the format as asked for by the user who initiated the forum.
Albeit, whatever argument anyone presents its worth can only be adjudged by the VO.
Thanks!

 

[RabbiGill]

You can try, but I have no doubt it will be refused.

Thanks for the confidence booster, jsm0085 ;D

 

[jsm0085]

Well, in that case you are stating a paradox, at one hand you are saying that no documentation can suffice the absence of a reference letter, On the other hand an immigration lawyer can come up with a list of documents that in fact can suffice for its absence.

As far as challenging the refusal and law being on their side, well in that case what can I say, its all speculative.

No, you are again not correct.

I have said the chances of success without the letter irrespective of what documentation you do provide are extremely SMALL. This isn't something I've made up, it's based on the number of rejections which have been shared online. They too have provided "other" supporting documentation without the actual reference letter and have still failed.

I have clearly pointed out that to the best of my knowledge one user has been successful without it.

It's hardly speculative. We are not experts. If you owned a business and the tax man was after you - are most people going to fight it themselves or get their accountant involved? The same logic applies.

If you think you are helping people by telling them to submit documentation that is likely to result in their refusal then I think you should take a step back and look at the facts before commenting. If you want to argue for the sake of arguing - great.

All I am trying to do is make clear to people what has been happening and what they should consider doing before proceeding. What you are suggesting has been done on several occasions and has still resulted in refusal.

With such a high failure rate surly it's better to look at anything that may possibly increase the chances of peoples success? If your idea has proven to be successful, I wouldn't be having this conversation with you !

 

[jsm0085]

Thanks for the confidence booster, jsm0085 ;D

Look, the last thing I want is for anyone to be rejected for this reason - I do genuinely sympathize... It's a really crappy position to be in.

However, I think it's best to be honest instead of saying "Do this and you should hopefully be okay..." when I just do not think it's the case, going on the experiences of those who have done it.

If I were in this position, followed the advice that is given here, applied hoping all would work out, and then received a rejection possibly 8 months later, at which point I was made to leave Canada as I was on the new BOWP, I would be devastated. For this reason, I'm not going to give people bogus advice, confidence or high hopes.

I am however suggesting people take a logical and proactive approach. I'm not saying you need an immigration lawyer for the entire process, I'm suggesting you seek expert advice to give yourself peace of mind. Some lawyers provide free consultations.

I don't know why everyone gets annoyed with the fact that I'm being honest. It's not like following these rules usually result in acceptance - they do not.

I am, irrespective of what people think, trying to help.

 

[sabidhawan]

I agree that there are chances of being refused. You wrote two post but none of them provide a solution. Do you have a solution? and is your solution better than trying with an explanation letter ?No one is getting annoyed but at the same time you are telling other not to try with the only chance they have without providing a solution to the situation

 

[RabbiGill]

No, you are again not correct.

I have said the chances of success without the letter irrespective of what documentation you do provide are extremely SMALL. This isn't something I've made up, it's based on the number of rejections which have been shared online. They too have provided "other" supporting documentation without the actual reference letter and have still failed.

I have clearly pointed out that to the best of my knowledge one user has been successful without it.

It's hardly speculative. We are not experts. If you owned a business and the tax man was after you - are most people going to fight it themselves or get their accountant involved? The same logic applies.

If you think you are helping people by telling them to submit documentation that is likely to result in their refusal then I think you should take a step back and look at the facts before commenting. If you want to argue for the sake of arguing - great.

All I am trying to do is make clear to people what has been happening and what they should consider doing before proceeding. What you are suggesting has been done on several occasions and has still resulted in refusal.

With such a high failure rate surly it's better to look at anything that may possibly increase the chances of peoples success? If your idea has proven to be successful, I wouldn't be having this conversation with you !

Not trying to have an argument at all. I am not saying anyone, what to submit and what not to, someone asked if anyone can share a format of the explanation letter. That is what I did, and also included a comment that this doesn't ascertain anything, and neither does going to a lawyer. No need to take a step back from there.
Also, I am taking your guidance in good spirit and whatever you are saying makes good sense. See, the example of a tax man and business is too far fetched to draw any reference to this case. Because, the conditions in which the tax man is after the business man are not clear. Meanwhile, as you said so many people are getting rejected with the supporting document, I just wanted to say they are being rejected even if they went thru the lawyer, i know of some cases like that too. So, I thought to put that in to perspective as well.

Since we are not experts, we are just putting our opinions out there, not suggesting anyone to do anything.

thanks!

 

[RabbiGill]

Look, the last thing I want is for anyone to be rejected for this reason - I do genuinely sympathize... It's a really crappy position to be in.

However, I think it's best to be honest instead of saying "Do this and you should hopefully be okay..." when I just do not think it's the case, going on the experiences of those who have done it.

If I were in this position, followed the advice that is given here, applied hoping all would work out, and then received a rejection possibly 8 months later, at which point I was made to leave Canada as I was on the new BOWP, I would be devastated. For this reason, I'm not going to give people bogus advice, confidence or high hopes.

I am however suggesting people take a logical and proactive approach. I'm not saying you need an immigration lawyer for the entire process, I'm suggesting you seek expert advice to give yourself peace of mind. Some lawyers provide free consultations.

I don't know why everyone gets annoyed with the fact that I'm being honest. It's not like following these rules usually result in acceptance - they do not.

I am, irrespective of what people think, trying to help.

Fully understand that jsm0085. No hard feelings, we are all pragmatical here. Its good to get a reality check from time to time. Its quite possible my application can get rejected, but really cant loose all hope. I hope you understand. My comment was just a friendly jibe.

 

[jsm0085]

Well now knowing you know of people in this position who have applied through lawyers and have been rejected brings new light on the matter.

I personally, using three forums for the last couple of years, have not heard or read anything about someone applying without the ref with a lawyer!

If you could share some links, to help the community out, I think that would be beneficial.

 

[sabidhawan]

Here guys i found a post on Trackitt.com that is from an applicant whose application was approved without reference letter

to banur:

Hi!
I was in a very similar situation as yours and still was able to obtain my PR. Yes, there is an alternative. You need to prove you were employed with such and such company and worked for a required number of hours (I dont remember now how many) and provide supporting documents (all in #6 on the check list).
My relationship with my former employer ended on bad terms and as I could expect they refused to write a letter for me. They ignored my phone calls and also ignored a letter written by my immigration advisor where she was asking my former employer to write the letter confirming my employment. I explained the whole situation (bad relationship with my employers, ignoring me, etc) in the letter to immigration that I attached with the application. At the same time I attached other proof of my employment there, namely all (only 3 were missing) pay stubs (with the hours)+ a letter written by them (with all the signatures) when I was taking a trip to my country for three weeks. I also included photocopies of T4 slips and recent Notice of Assessment and Record of Employment that are required anyway. I think that with all the doc I mentioned above you should be fine and there is no reason for the immigration to reject your application. Unless there is a different problem...
Good luck! I will keep my finger crossed for you!
Kasia

 

[SenoritaBella]

Good stuff and +1. Thanks for posting.

Here guys i found a post on Trackitt.com that is from an applicant whose application was approved without reference letter

to banur:

Hi!
I was in a very similar situation as yours and still was able to obtain my PR. Yes, there is an alternative. You need to prove you were employed with such and such company and worked for a required number of hours (I dont remember now how many) and provide supporting documents (all in #6 on the check list).
My relationship with my former employer ended on bad terms and as I could expect they refused to write a letter for me. They ignored my phone calls and also ignored a letter written by my immigration advisor where she was asking my former employer to write the letter confirming my employment. I explained the whole situation (bad relationship with my employers, ignoring me, etc) in the letter to immigration that I attached with the application. At the same time I attached other proof of my employment there, namely all (only 3 were missing) pay stubs (with the hours)+ a letter written by them (with all the signatures) when I was taking a trip to my country for three weeks. I also included photocopies of T4 slips and recent Notice of Assessment and Record of Employment that are required anyway. I think that with all the doc I mentioned above you should be fine and there is no reason for the immigration to reject your application. Unless there is a different problem...
Good luck! I will keep my finger crossed for you!
Kasia

 

[Yulei]

I feel for you all going through the hassle of having a detailed reference as i was a victim too.

In my own case, my employer stated my job roles, monthly pay and when i joined the organisation, but wrote they "Unfortunately they cannot comment on my performance" which was among all listed requirements CIC asked for.

luckily one of the senior staff i had a good relationship with, decided to give me one (one on one level)

Trust me, that ref letter required by cic is very important as my interview was based on the letter content.



My Advice: Always try and see if there is some one superior apart from your direct line-manager that will be willing to give you.

Good luck