Got CEC refusal after getting file number... pls HELP!! Jes_ON

[march19]

Please help!! i sent my application on March 12 and received file number on 7 june and file was transferred to ottawa. But got letter from them yesterday (4 sep 2012) that my duties dont match with NOC 1221. however, i believe that they were very similar but my employer used different wording.. Please advise what should i do now??

 

[Vishut]

Re: Got CEC refusal after getting file number... pls HELP!!

Sorry to hear about your rejection..Ask your employer to write the refrence letter again and reapply.

If you can cut and paste the exact reason for refusal that you got from cic the other people on the forum might help you.

Vishu

 

[march19]

Re: Got CEC refusal after getting file number... pls HELP!!

This is what they sent me..... is it possible if i re-open my file with new job letter??


Dear XYZ,

I have now completed the assessment of your application for a permanent resident visa as a member of the Canadian Experience Class and have determined that you do not meet the requirements for immigration to Canada.

According to the Immigration and Refugee Protection Regulations, applicants in the Canadian Experience Class are assessed on the basis of the pass/fail requirements set out in subsection R87.1(2). The assessment of these criteria determines whether a worker with Canadian experience will be able to become economically established in Canada. The criteria are:

· knowledge of English or French,

· Canadian skilled work experience,

· Canadian educational credentials (for the Post-Graduation Stream only).

Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada: Office Administrator (NOC 1221).

I am not satisfied that you meet the skilled work experience requirement. The lists of job duties and responsibilities contained in your letter of reference from ABC Ltd. do not match those contained in NOC 1221, Administrative Officers. As such, I cannot accept them as evidence of skilled work experience. While your letter of reference from DEF Inc. does list duties found under NOC 1221, you only have 6.5 months of full-time skilled work experience at that employment. As such, I am not satisfied that you have 12 months of full-time skilled work experience as claimed in your application.

Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. Subsection 2(1) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.

Following an examination of your application, I am not satisfied that you meet the requirements of the Act and Regulations for the reasons explained above. I am therefore refusing your application.

Thank you for the interest you have shown in Canada.



Yours sincerely,





Case Officer

Citizenship and Immigration Canada

 

[OHKIDDA]

Re: Got CEC refusal after getting file number... pls HELP!!

This is what they sent me..... is it possible if i re-open my file with new job letter??


Dear XYZ,

I have now completed the assessment of your application for a permanent resident visa as a member of the Canadian Experience Class and have determined that you do not meet the requirements for immigration to Canada.

According to the Immigration and Refugee Protection Regulations, applicants in the Canadian Experience Class are assessed on the basis of the pass/fail requirements set out in subsection R87.1(2). The assessment of these criteria determines whether a worker with Canadian experience will be able to become economically established in Canada. The criteria are:

· knowledge of English or French,

· Canadian skilled work experience,

· Canadian educational credentials (for the Post-Graduation Stream only).

Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada: Office Administrator (NOC 1221).

I am not satisfied that you meet the skilled work experience requirement. The lists of job duties and responsibilities contained in your letter of reference from ABC Ltd. do not match those contained in NOC 1221, Administrative Officers. As such, I cannot accept them as evidence of skilled work experience. While your letter of reference from DEF Inc. does list duties found under NOC 1221, you only have 6.5 months of full-time skilled work experience at that employment. As such, I am not satisfied that you have 12 months of full-time skilled work experience as claimed in your application.

Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. Subsection 2(1) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.

Following an examination of your application, I am not satisfied that you meet the requirements of the Act and Regulations for the reasons explained above. I am therefore refusing your application.

Thank you for the interest you have shown in Canada.



Yours sincerely,





Case Officer

Citizenship and Immigration Canada

It doesn't hurt to ask them to re-open. I don't think anyone knows their policies regarding re-opening closed files. So try to get a new letter, and explain that it was the inexact nature of the list of responsibilities listed by your manager that led to a rejection. If you can get this letter, try to attach it with your request for re-opening your case. It's probably unlikely that they will, though. So be fully prepared for them to say "sorry, nothing we can do. please reapply."

In that case reapply. If you have enough time left, just complete the remaining 5.5 months of your second job (DEF company) and reapply. Otherwise, if you do get a new letter from "ABC" company, apply immediately.

 

[Vishut]

Re: Got CEC refusal after getting file number... pls HELP!!

So as per immigration officer the first 5.5 month of experience is not skilled. did you work in two diffrent companies ? Try and get the refrence letter from your first company with NOC 1221 description n ask to re open the file or reapply.Did you apply in PGWP stream ?Check in search box repply or reopen where you can find the info about re-opening the file or re-applying.

Vishu

 

[androme]

Re: Got CEC refusal after getting file number... pls HELP!!

Seems like they refused your application on the basis of the servive years at your job. In my opinion, if you can stay back in the country for anout 6 months, wait till then in your current position and then reapply under the same job title with the job description. Reading the letter, it seems like they are not satisified that you have worked for 12 months in the skilled section. They seem to be satisfied with the job description. So wait for another 6 months and I think you should be fine. By the way did you apply through PGWP? Don't panic ( I know its easier said than done). But I think if you wait for 6 more months you should be fine.

 

[march19]

Re: Got CEC refusal after getting file number... pls HELP!!

but the thing is my work permit is expiring next year 15 june... i can't wait i don't have enough time... i have post graduate work permit. ABC company got closed actually and i just started new job like 2 weeks ago... don't know what to do?? so frustrated right now

 

[jes_ON]

Hi - Sorry to hear about the refusal.

You could only ask for a re-consideration if you believe the VO made an error based on the evidence you provided with your application, they do not have to consider new information. A new (different) Letter of Employment would constitute new evidence, which would not be accepted.

Without knowing what job duties were described in the Letter of Reference from Company ABC, I couldn't tell you if an error was made or not. Since they accepted the duties from DEF, you should ask yourself, what were the main differences between the two letters?

as the other say, you will likely have to work another 5.5 months in a skilled position to qualify, and re-apply. You have enough time to do that...

 

[march19]

Hi Jes,

my work permit is expiring on 15 June 2013. From now on i have 9 months if i work 5 more months then i would have only 4 months to re-apply but process is 10 months long... i'm so confused right now

 

[Johnny31]

Hi Jes,

my work permit is expiring on 15 June 2013. From now on i have 9 months if i work 5 more months then i would have only 4 months to re-apply but process is 10 months long... i'm so confused right now

Some of your options right now include:

- Ask your employer to apply for LMO. Since you were hired under a PGWP, your employer does not have to show recruitment efforts. This allows you to stay in Canada and work.
OR
- Once you have all your documents, go back to home country and apply. in that case, you don't need to worry about Canadian visa extensions. Send applications from home country to Sydney, NS and come back to Canada for landing when you receive COPR

 

[SenoritaBella]

As you admit, you have enough time to gain additional experience and re-apply. Once you apply for PR again, ask your employer about applying for a LMO to enable you obtain a work permit. If they apply for the LMO 3 - 4 months before your PGWP expires, you just may get it in time to apply for a new work permit.

As long as you apply for a new work permit before the old one expires, you will have implied status and can continue working for the same employer. If they refuse, you can look for another employer willing to apply for a LMO.

If all that fails(worst case scenario), you can apply to change status to visitor(not allowed to work) or go to your home country and wait for the application to be processed. It's disappointing but do not lose hope. You've come too far for that.

 

[GSIn]

Sorry to hear about the rejection. Looks like you worked for two different companies, try to get the reference letters from both of your employers and also provide them with the job offer letters which should state your roles and responsibilities. Or may be wait till you get one year of full time exeprience and reapply, I know it's easy to say but the person undergoing the pain know's what it's like. Good luck mate.

 

[scorpion_ca]

Which province do you live in? Why don't you try to apply for PNP if it is available in your province?

 

[march19]

thank you so much guys for your help... i'll see what i can do

 

[ssparkles]

Hi March19,

Here are my 2 cents. Well I went through something very similar. I was told my job description didn't match my NOC code and that the job wasn't satisfactory. The SAD truth is they want you to word your job description similar to the wording on the website (about 80% as per a lawyer I met). My job was in the right category under the right NOC. The only problem was I worded it myself. I didn't look at what was on the NOC website description at the time. That's what cost me.

Anyway, after getting rejected, I panicked because my PGWP was expiring as well. Went to lawyers spent money for not much. Figured out re-opening the case takes longer than actually re-applying. Many told me to just get a new job get the experience and apply. But I knew I had the freaking experience I just didn't fill out the description properly.

So I had a decision to make. Get a new job wait for a year to get experience then re-apply wait for another year and chase the LMO in the process. YEA RIGHT! So I decided to re-apply explaining to the best of my abilities what went wrong in the previous application and showed them that I DO have everything required. I applied in June, still have to figure out whether it worked or not, but I feel it was worth re-applying right away. You have to see if you feel you have the right job but just didn't fill out the job description right?

If you feel they are correct then you wait and re-apply. If you feel you are correct you should re-apply right away. You should ask your employer for an LMO (not always easy). If it works, you're blessed. If not... apply to change your status as a visitor and continue looking for a job that provides an LMO. That's what I'm doing. Try to get your current employer to give you the LMO coz otherwise life as you know it will become very difficult (mine has).

Never lose hope. Things at the end of the day have to work out one way or the other right.