Guys....bad news for me....I just got an email from CIO .....My applied NOC was 0631 which was already filled by the time my application reached there...they checked for next NOC 6242 and says that they are not convinced with the job profile which I have provided.
Dear XXXXXXXXXXX
This refers to your application for permanent residence in Canada as a Federal Skilled Worker. I have now completed the assessment of your application and have determined that you are not eligible for processing in this category for the following reason(s):
The Minister of Citizenship and Immigration issued Instructions which were published in the Canada Gazette on June 26, 2010. Only applicants who meet the criteria specified in these Ministerial Instructions are eligible to be processed in the Federal Skilled Worker class.
You have indicated that you have work experience in an occupation with the following NOC (National Occupational Classification) code: 6242 - COOK. Although this NOC code corresponds to the occupations specified in the Instructions identified by the Minister, you have not provided sufficient evidence from your employer that you performed the actions described in the lead statement for the occupation or that you performed a substantial number of the main duties of the occupation as set out in the occupational description of the NOC, including all of the essential duties.
After taking into consideration the work experience supporting documentation on file, I am not satisfied that you have performed the actions described in the lead statement for the occupation or that you performed a substantial number of the main duties of the position as described in NOC. As such, I am not satisfied that you are a 6242 - COOK.
As well you have indicated work experience in NOC 0631. A maximum of 20,000 complete Federal Skilled Worker applications, without an offer of arranged employment, or a maximum of 1,000 complete Federal Skilled Worker applications per National Occupation Classification (NOC) code will be considered for processing each year. Your application was received after the maximum of 1000 complete Federal Skilled Worker applications per NOC 0631 was reached.
Since you did not provide evidence that you have an Arranged Employment Offer, you do not meet the requirements of the Ministerial Instructions and your application is not eligible for processing.
Note: Any reference to work experience in a NOC code other than those identified by the Minister of Citizenship and Immigration and published in the Canada Gazette on June 26, 2010 is not assessed for eligibility under Ministerial Instructions.
Your application, therefore, does not meet the requirements of the Ministerial Instructions.
Subsections 87.3(2)-(3) are the pertinent sections of the Immigration and Refugee Protection Act:
The processing of applications and requests is to be conducted in a manner that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.
...the Minister may give instructions with respect to the processing of applications and requests, including instructions
(a) establishing categories of applications or requests to which the instructions apply;
(b) establishing an order, by category or otherwise, for the processing of applications or requests;
(c) setting the number of applications or requests, by category or otherwise, to be processed in any year; and
(d) providing for the disposition of applications and requests, including those made subsequent to the first application or request.
The processing fee and, if applicable, the Right of Permanent Residence Fee that you paid are refundable. You will receive a cheque within eight to twelve weeks OR if you paid by credit card you will receive a credit on the credit card provided within eight to twelve weeks.
The refund cheque will be sent to the address provided in your application. If you have changed your address please advise us immediately of the new address. Address changes should be faxed to (902) 270-3561. PLEASE NOTE THIS FAX IS ONLY FOR ADDRESS CHANGES.
Note:
Any requests made on the basis of humanitarian and compassionate grounds accompanying a Federal Skilled Worker application cannot be processed unless the application is otherwise eligible for processing under the Ministerial Instructions.
Any requests for positive substituted evaluation accompanying a Federal Skilled Worker application cannot be processed unless the application has met the minimum requirements outlined under Regulation 75(2).
There are many ways to immigrate to Canada. Although you have not satisfied the requirements to apply under the Federal Skilled Worker class, you may qualify under another category. To learn more about your options, visit http://www.cic.gc.ca/english/immigrate/index.asp.
Thank you for your interest in Canada.
