Got my application refused because the officer can't confirm that I have more than a year offer

[jes_ON]

Question -

My Letter of Employment also states "permanent full time employment" but does not say "for at least one year after permanent residency."

However, I am applying via the PNP program, so I am not claiming points for future employment, and have 900 points at this point. Will my application be refused because of this wording on the letter?

Of course not. : )

On the CIC website about job off letters, it states that these requirements are specific to CEC and FSW applicants, not PNP applicants, but I thought it would be worth seeking the forum's advice.

They are specific to applicants who are claiming points for having a Valid Job Offer. Applicants are not refused for lacking the content in their letter, they are refused because the missing content leads to the loss of points, which then often means that the applicant did not have enough points to be eligible for the draw.

 

[Norma55]

This is a weird request by IRCC. How can an employer promise to have anyone employed for at least one year. It depends on what the employee does, legal status, performance during the year and a lot of such factors(including company's existence!). Employer might not always be ready to mention on the letter saying I will employ you for at least one year post PR. Also, what if the employee doesn't like working there anymore and what if the employee wants to leave? The employer may put us on the hook saying that I will give you the letter but you have to work for one year after the PR or something of that sort. It is not a good request by IRCC if you ask me.

I am in the same boat as the OP(haven't received a rejection yet though!), and I have provided a LOE stating that my job is full-time, permanent and it is valid for as long as I am eligible to stay/work in Canada legally. In addition I have provided employment letter and all other good stuff which also mention that I am full-time, permanent. I don't think it is fair to ask my employer to promise IRCC to keep my job for one year after the PR approval.

I just read what happened to my con-national and -Oh crap!!- I agree with you, my LOE doesn't specify a date either! Mine says something like "I am pleased to extend our offer of permanent full time employment for the position of...xxxxxxxx"... so now I'm about to crash, what if they decide not to approve it!?!

I feel his pain, it was a TORTURE to wait -almost 4 MONTHS!- for the Police Certificate from Mexican Authorities, and he had to fly and do it in person and.. get rejected? Holly... I'd be devastated. I don't know why in this case that everything is ok, they don't request an updated letter and grant the PR after receiving it... It is so unfair...

I wonder if I should ask for another letter from my employer with the specific wording...

 

[Norma55]

Hello.

I just got my refusal for CEC today and I honestly disagree with what the officer said. I copy and paste the letter:

Based on the documentation submitted with your application for permanent residence, I am not satisfied you possess a valid offer of arranged employment because the offer of employment letter does not state that the employment is for ‘continuous full-time work in Canada having a duration of at least one year after the date on which a permanent resident visa is issued’ as per R82 (1).​

​

The ‘Offer of Employment’ you have submitted is the original letter of offer from *employer name* from May of 2017. The letter of employment (from Empolyer name) states that you work “on a full-time, permanent basis of 40 hours per week”, which does not satisfy me of a qualifying offer of employment.​

​

This just sounds bonkers to me. It reads like the officer thinks I wouldn't have a job for more than a Year after receiving my PR, but the next paragraph says that I have "full time permanent basis of 40 hours per week". I've been working almost 3 years on the same company and I have an employment letter that I had from 2017 which they told me to submit as well which I did.

I don't know what to do, I am proving that I have PERMANENT WORK, should I appeal? Also Maybe it has to do with the case that we changed names? We had the name "a" when I got hired and changed name to name "b" but I also submitted a letter with the legal stuff talking about the name change and that we are in fact the same company.

Don't know what to do.

Hello, I'm also Mexican and I feel your pain, I'm so sorry... I'm waiting for a decision from IRCC I just checked my offer of employment after reading your case and it doesn't specify dates either, although mine was from the month I applied (September 2019) it doesn't say specifically "for at least one year after they issue your permanent resident visa"... I'm thinking on asking for a new Offer letter from my employer ASAP with the right wording... and submit it through the Webform... I can't risk to be rejected by this nonsense...

I understand your frustration, I considered the idea of flying to Mexico City and do the process to obtain the Police Certificate in person as you did, but I decided to do it through the Embassy of Canada (I had the request letter). I had to wait for almost 4 months for FGR to send my Police Certificate, I know what you mean... it's a torture! I sent everything on mid October and they just sent it back to IRCC on Feb 05, 2020 (last week). Even so, my document is still NOT in my file, I don't know how long it will take for it to be included... After reading what happened to you... I will use this extra time to ask for/add another Offer of Employment Letter with the right wording...

Do not loose any time and submit your profile again, if this is the only reason for them to reject your application, ask for another one to your employer and do it all over again. Good luck paisano.

 

[mendozah]

Hey Guys, Didn't wrote here as the main topic was kind of exposed in here. Everybody who's freaking out, shouldn't be. We KPMG and I speak with a Lawyer and they all said that this is very weird. They recommended me to apply for a reconsideration letter. KPMG said that they feel I had a new agent who was taking things too seriously as even they are baffled after submitting all my documents to them.

Also, I received a few letters from other friends who applied from different companies and they have even more vague statements and they got approved, so it seems that I got the short end of the stick with the officer who reviewed my case.

Don't panic people, it seems that no matter what company it is, no one is gonna write "For more than a year" to avoid having legal trouble and they use permanent and none but me had this issue. Don't sweat it. Good luck to you all!

 

[guitarman]

Likewise, I spoke to my lawyer and they said that when applications are refused because of this wording, it's usually because the point total then falls below the cutoff, so not to worry if you're PNP.

 

[Wolfpmd3]

The requirement of arranged employment for at least 1 year after the PR status is granted is very straight-forward.

If you can't prove this, then you shouldn't be expecting to claim those points. If you haven't proven this with a letter that clearly states this then you should not be surprised if you can't claim these points and this brings your CRS score below the cut-off for your round making you ineligible.

The rules and requirements are clearly laid out so people should know what to expect.

It's sucks but it is what is it!

It's 50 points, which is a lot, so of course they need to be picky otherwise anyone could just claim this points.

 

[ShakthiH]

The requirement of arranged employment for at least 1 year after the PR status is granted is very straight-forward.

If you can't prove this, then you shouldn't be expecting to claim those points. If you haven't proven this with a letter that clearly states this then you should not be surprised if you can't claim these points and this brings your CRS score below the cut-off for your round making you ineligible.

The rules and requirements are clearly laid out so people should know what to expect.

It's sucks but it is what is it!

It's 50 points, which is a lot, so of course they need to be picky otherwise anyone could just claim this points.

How can anyone claim the points? full-time, 40hrs, permanent position should make it clear that the job doesn't have an end date.
How can, say a contractor, with an end date after 6 months claim the 50 points without lying? Can you explain?

 

[doislan]

My application is not via PNP and only has "permanent" on job letter too, I applied yesterday... Can I update my job letter with the missing information and submit it via IRCC Web Form? Will they accept this update?

 

[Norma55]

My application is not via PNP and only has "permanent" on job letter too, I applied yesterday... Can I update my job letter with the missing information and submit it via IRCC Web Form? Will they accept this update?

Hello @doislan

I was planning on doing the same as soon as I read this case, but my boss said something like, "permanent" and no date of termination specified on the letter should be enough to establish that he's not planning to end the employment arrangement, I mean he is very flexible and he'd issue me another one but he has a point... also, the date he issued my letter is consistent with the date I applied for PR. I didn't insist too much on this... I just hope everything goes well and I receive good news soon...

I will be so devastated if they reject my application for this...

 

[Wolfpmd3]

My application is not via PNP and only has "permanent" on job letter too, I applied yesterday... Can I update my job letter with the missing information and submit it via IRCC Web Form? Will they accept this update?

Of course, and you should.

 

[Wolfpmd3]

How can anyone claim the points? full-time, 40hrs, permanent position should make it clear that the job doesn't have an end date.
How can, say a contractor, with an end date after 6 months claim the 50 points without lying? Can you explain?

Easy, presenting a letter stating exactly what they're asking. Of course, implicitly a permanent position would accomplish that, but the requirement is that you present evidence (a letter) that explicitly states this.

That is the requirement.

You know this could be easily accomplished by a letter stating that once you become a PR you will keep your permanent position.

You have to understand that right now you are working under a Work Permit, which means that even though you have a permanent position this has a preset end-date and that is the expiration date of your Work Permit. That is exactly why they are asking for that. Similarly, you could have signed a 10 year contract but if your work-permit expires before there is no way you'd be able to work (at least legally) beyond its expiration.

 

[ShakthiH]

Easy, presenting a letter stating exactly what they're asking. Of course, implicitly a permanent position would accomplish that, but the requirement is that you present evidence (a letter) that explicitly states this.

That is the requirement.

I don't think anybody would be able to claim 50 points by just attaching a letter which says employer would provide job for an year after PR. There are other questions which come up as well and those should be satisfied too.

I know IRCC asks for this and it is a requirement but I do not understand the logic behind it asking for the exact words. Doesn't make sense to me.

You have to understand that right now you are working under a Work Permit, which means that even though you have a permanent position this has a preset end-date and that is the expiration date of your Work Permit. That is exactly why they are asking for that. Similarly, you could have signed a 10 year contract but if your work-permit expires before there is no way you'd be able to work (at least legally) beyond its expiration.

When an offer letter says full-time permanent, it means that the job is valid for as long as anyone is able to work legally. So, it also means that if I get my PR, my job automatically gets attached to that and doesn't end with the work permit. How is that not clear to IRCC that they want the explicit words which asks for my employer to commit. Not all employers would be ready to do that even though it may not hold up legally or whatever. As one year after PR is, may be 2 years from when we apply(depending on the case, and who knows what'll happen in the meanwhile).

 

[harryguns]

Hello.

I just got my refusal for CEC today and I honestly disagree with what the officer said. I copy and paste the letter:

Based on the documentation submitted with your application for permanent residence, I am not satisfied you possess a valid offer of arranged employment because the offer of employment letter does not state that the employment is for ‘continuous full-time work in Canada having a duration of at least one year after the date on which a permanent resident visa is issued’ as per R82 (1).​

​

The ‘Offer of Employment’ you have submitted is the original letter of offer from *employer name* from May of 2017. The letter of employment (from Empolyer name) states that you work “on a full-time, permanent basis of 40 hours per week”, which does not satisfy me of a qualifying offer of employment.​

​

This just sounds bonkers to me. It reads like the officer thinks I wouldn't have a job for more than a Year after receiving my PR, but the next paragraph says that I have "full time permanent basis of 40 hours per week". I've been working almost 3 years on the same company and I have an employment letter that I had from 2017 which they told me to submit as well which I did.

I don't know what to do, I am proving that I have PERMANENT WORK, should I appeal? Also Maybe it has to do with the case that we changed names? We had the name "a" when I got hired and changed name to name "b" but I also submitted a letter with the legal stuff talking about the name change and that we are in fact the same company.

Don't know what to do.

Hey there, same case for me. did you apply for reconsideration?

 

[miucat]

I don't think anybody would be able to claim 50 points by just attaching a letter which says employer would provide job for an year after PR. There are other questions which come up as well and those should be satisfied too.

I know IRCC asks for this and it is a requirement but I do not understand the logic behind it asking for the exact words. Doesn't make sense to me.


When an offer letter says full-time permanent, it means that the job is valid for as long as anyone is able to work legally. So, it also means that if I get my PR, my job automatically gets attached to that and doesn't end with the work permit. How is that not clear to IRCC that they want the explicit words which asks for my employer to commit. Not all employers would be ready to do that even though it may not hold up legally or whatever. As one year after PR is, may be 2 years from when we apply(depending on the case, and who knows what'll happen in the meanwhile).

Although it might be a weird request.
Whoever's thought is really not matter to an application except the officer.

 

[LordStanley]

My job offer doesn't specifically state that I will be working for 1 year after becoming PR, but my letter of employment does include that.

Would that be enough?