Issues with PR application under Canadian Experience Class

[shonalisarkar]

I am an Indian Citizen. I completed an 1 year Post Grad Diploma from Toronto on a Student Visa. After that, I got my Work Visa (after Labor Ministry Approval). My profession is under the NOC B list (Physiotherapy Assistant).

At the time of my PR application (Mar 2013) under the Canadian Experience class, I had about 1.5 years of work experience. My employer has never provided me any pay stubs for that period, but has provided T4s for 2011 and 2012. My annual income declared in the T4s were far less than what was promised in the offer letter. During my application, I had submitted my job offer letter, NOAs and T4 tax forms to Canadian immigration.

Today, I received an email from CEC regarding the discrepancies in pay. They want to know why the actual pay is much lower than what was mentioned in the offer letter. Hence, they want a letter from my employer outlining the hours I worked in 2011 and 2012, the actual duties I performed and an explanation about why my annual income was very low from my employer. However, my employer does not want to get involved or help me out.

The reason why my employer declared a low income in the T4s is probably so that he can save on taxes. However, this has now affected my PR application.

What should I mention to the immigration officer?

Any suggestions will be very helpful, as I am super stressed. Not sure where to get the letter from.

 

[victoryincanada]

Two things i recommend (ofcourse, my own opinion & you may consult lawyer for solid confirmation)

1. If you had written to your employer asking for explanation, whatever their response is you can print out and add to your application.

2. You can ask your employer or to HR to confirm that you worked minimum number of hours as stated in the PR CEC requirement and provide that to CIC.

3. Worst case on roles and responsibilties, you can talk to one of your clients or your peers and get a recommendation letter with roles and responsibiltiites and see whetehr that helps.

With these 2 you should be able to manage.

All the best!

 

[SHIRDISAI]

have you provided the employer reference letter with your duties/Responsibility .

 

[victoryincanada]

Nope. They dont provide that. So i submitted their mail response saying they dont provide.

Also i added a letter from cleint stating my responsibilities in lieu of the employer confirmation.

 

[sashali78]

Nope. They dont provide that. So i submitted their mail response saying they dont provide.

Also i added a letter from cleint stating my responsibilities in lieu of the employer confirmation.

You are very ( VERY!) lucky that your PR application was not refused upfront and you were provided this rare chance to fix things. What you need to do ASAP is to provide CIC with detailed letter from your employer specifying your duties and responsibilities, matching to the NOC code you have applied under. As well, the letter need to include a statement regarding your weekly/monthly hours and pay which will satisfy CEC requirements (min pay/30h a week, as a minimum). That's your last chance, you better be prompt and precise not to blow it...If your employer is a genuine one he should be able to provide it.

 

[shonalisarkar]

Dear victoryincanada, thanks for your response and I a really appreciate your solutions! My employer is not replying to his emails or answering my calls, so option 1 is out. It is a private Physiotherapy clinic that is owned and managed by just one man. There is no HR. I worked as the assistant and front desk manager. The reason why I left is because my employer was making me work a lot of overtime with very little pay. It was frustrating for me and hence my relationship with my employer is not that good. So option 2 and 3 are both out.

I can give an explanation to the CEC officer saying that my wage was reduced after I started working. That would explain why the amount declared in the T4s are lower than expected. However, I don't think I can furnish that letter from the employer. Do you think this would work? How important is that letter? Is it possible that my application gets rejected just because of that one letter?

Dear SHIRDISAI, yes I did submit my employer reference letter. However that does not contain duties/Responsibility. I gave them my offer letter which clearly states my duties/Responsibility. But the officer wants an updated letter from my employer which states my actual hours worked and duties/Responsibility.

Thank you guys so much! I really appreciate all your feedback!

 

[gladaki]

I am an Indian Citizen. I completed an 1 year Post Grad Diploma from Toronto on a Student Visa. After that, I got my Work Visa (after Labor Ministry Approval). My profession is under the NOC B list (Physiotherapy Assistant).

At the time of my PR application (Mar 2013) under the Canadian Experience class, I had about 1.5 years of work experience. My employer has never provided me any pay stubs for that period, but has provided T4s for 2011 and 2012. My annual income declared in the T4s were far less than what was promised in the offer letter. During my application, I had submitted my job offer letter, NOAs and T4 tax forms to Canadian immigration.

Today, I received an email from CEC regarding the discrepancies in pay. They want to know why the actual pay is much lower than what was mentioned in the offer letter. Hence, they want a letter from my employer outlining the hours I worked in 2011 and 2012, the actual duties I performed and an explanation about why my annual income was very low from my employer. However, my employer does not want to get involved or help me out.

The reason why my employer declared a low income in the T4s is probably so that he can save on taxes. However, this has now affected my PR application.

What should I mention to the immigration officer?

Any suggestions will be very helpful, as I am super stressed. Not sure where to get the letter from.

Thats the reason i tell people to only supply whatever is needed. Pay slips are always optional any ways get whatever VO asked u otherwise it will add delay in ur application

 

[victoryincanada]

All I could think of is to submit affidavit explaining that you truly worked for 40hrs or 35 hrs a week & also with explanation that your employer does not respond to your requests and also attach the communication with your employer with mail copies requesting response and also register post copy (if you can send a official post to employer) etc

 

[shonalisarkar]

Hi victoryincanada, yes I guess that is the last resort. I shall give my employer a few more days to respond before taking that step.

I have another question. I will be getting married soon to a person who is a Canadian PR (soon to be Citizen). If I get married to him now, would that help my current PR application?

Would I be able to change the category of my current PR application from CEC to Family Sponsorship? Or do I have to make a fresh application after the current one gets rejected (if it gets rejected due to this issue).

Should my current PR application under CEC gets rejected, would that affect my future PR application?

 

[mack_ra]

you can prove the salary by furnishing your bank statements in case your salary was directly deposited in your account.

but then that might put you in trouble with CRA ..

 

[scylla]

I doubt you're going to get any cooperation from your employer. If the pay he listed in the T4 is lower than what you were actually paid - then he has committed income tax fraud which is a federal crime.

No - getting married to a PR/citizen will not help your current application. It will make absolutely no difference to your CEC application.

If your CEC application is refused, then I would recommend that your Canadian spouse sponsor you for PR once you are married.