Dear Westpoint, RKC, Y.H, LuckyMystery,
I had posted an inquiry on page 1476 last night and I need your expert advice in this matter.
I need your advice in a situation that one of my friend is !
He applied under NOC 0811 with 2-1/2 Years of experience and received 17 points for this experience.
He had also proved with documents, work experience in NOC 6513( waiter) for the period of time 2001-2008
but CIO Officer did not take this into consideration and therefore he received in my opinion an unfair NER.
My question to you guys is:
If you qualify in any of the 29 listed CIC occupations with a minimum of one year experince in an eligible NOC
and be able to prove that you also have 7 years experience in another NOC that is not in category 0, A, B
but in category C with full time / part time employment, does this count towards your work experience?
I'm trying to help my friend to turn this NER into a PER.........
Any advice in this matter it will be very much appreciated by both of us !
I will copy paste the NER letter received this passed friday by my friend.
Application: Exxxxxxxxxx
*xxxxxxxxx*
Dear .....:
I have now completed the assessment of your application for a permanent resident visa as a skilled worker. I have determined that you do not meet the requirements for immigration to Canada.
Subsection 12(2) of the Immigration and Refugee Protection Act (IRPA) states that a foreign national may be selected as a member of the economic class on the basis of their ability to become economically established in Canada. Subsection 75(1) of the regulations prescribes the Federal Skilled Worker class as a class of persons who are skilled workers and who may become permanent residents on the basis of their ability to become economically established in Canada.
Pursuant to the Immigration and Refugee Protection Regulations, 2002, skilled worker applicants are assessed on the basis of the requirements set out in subsection 75(2) and the criteria set out in subsection 76(1). The assessment of these requirements determines whether a skilled worker will be able to become economically established in Canada. The criteria are age, education, knowledge of Canada's official languages, experience, arranged employment and adaptability.
Your application was assessed based on the occupation(s) in which you requested assessment. The table below sets out the points assessed for each of the selection criteria:
Points assessed Maximum
Age 10 10
Education 22 25
Official language proficiency 12 24
Arranged employment 0 10
Experience 17 21
Adaptability 5 10
TOTAL 66 100
You have obtained insufficient points to qualify for immigration to Canada, the minimum requirement being 67 points.
You were assigned maximum points for age.
You were assigned 22 points for your educational credential at the 3-year non-university certificate/diploma level and at least 18 years of study.
You were assigned 12 points for your official language proficiency based on your IELTS test results. No points were assigned for the second official language.
As you had not indicated arranged employment, no points were assigned for arranged employment.
You were assigned 17 points for 2 years but less than 3 years of work experience. The point assignment is based upon evidence of work experience as a NOC code 0811 from March 2009 to August 2011 at the xxxxx Quarry, Constanta province.
No points were assigned for your work experience as NOC code 6453 - Waiter, from April 2001 to May 2008 at Princess Cruise Lines Ltd because this period of work is not listed in Skill Type 0 Management Occupations or Skill Levels A or B of the National Occupational Classification matrix.
No points were assigned for your work experience as NOC code 7321 – Technician, from July 1996 to June 1999,because the employment must be within 10 years from the date of application.
You were assigned 5 points for adaptability.
Five adaptability points were assigned for your accompanying spouse's educational credential at the Master degree level and at least 17 years of study.
You were assigned no additional points for adaptability. I did not find any evidence related to relative in Canada, previous work in Canada or previous study in Canada.
You have not obtained sufficient points to satisfy me that you will be able to become economically established in Canada.
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 any other document may 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(2) 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 the regulations for the reasons explained above. I am therefore refusing your application.
Note: Any different or new information that you submit cannot be taken into consideration.
Should you have different or additional information, you may wish to submit a new application. For up-to-date information on how to apply under the Federal Skilled Workers Class, please visit the website at:http://www.cic.gc.ca/english/information/applications/skilled.asp
There are many ways to immigrate to Canada. To learn more about your options, visithttp://www.cic.gc.ca/english/immigrate/index.asp.
Thank you for the interest you have shown in Canada.
VU
Program Support Officer
Immigration Section
Case Processing Centre
Sydney, Nova Scotia
PS:
NOC 6453 that they are referring about, does not even exist anymore for "waiter" category. The NOC which correspond to this profession is 6513 now...
this is also strange.
• NOC 6513 Food and beverage servers •
o formal service waiter/waitress
o headwaiter/headwaitress – food and beverage services
o hotel waiter/waitress – formal service
o lounge waiter/waitress
o mess waiter/waitress
o restaurant waiter/waitress – formal service
o room service waiter/waitress
o waiter/waitress
o waiter/waitress – drive-in restaurant
o waiter/waitress – food and beverage service assistant waiter/waitress – food and beverage services
o banquet headwaiter/headwaitress
o banquet waiter/waitress
o bar service waiter/waitress
o buffet waiter/waitress
o camp waiter/waitress
o captain waiter/waitress
o captain waiter/waitress – food and beverage services
o captain waiter/waitress – formal service
o caterer waiter/waitress
o cocktail waiter/waitress
o commissary waiter/waitress
o dining car waiter/waitress
