Looking for peace of mind

[YouthTree]

If there are any experts out there who have 5 or 10 minutes to help me regarding my work experience please drop me a P.M. I've submitted but am looking for peace of mind to make the 4/6 month wait easier. I need your opinions...thanks

 

[tanush14]

I think you should post your query here so that others in similar situation can also read and get benefited..afterall that’s the purpose of this forum.

 

[YouthTree]

It would mean uploading scans of letters of employment and making them public for all to see which I'd feel pretty uncomfortable with seeing as I'm currently going through the process

 

[Bs65]

No need to share anything in detail other than why you have second thoughts about work experience. That at least might give anyone a clue what you think your issue is. Maybe too few hours or weeks , issue with NOC classification, inability to get employer confirmation and so on.

There are no professionals on this forum so most people are reluctant to exchange PMs or emails so if you want that level of advice you need to contact an immigration lawyer or consultant which would probably be a waste of money just to get peace of mind.

 

[YouthTree]

You are correct, so here we go.

I have a years skilled work experience as restaurant manager. I have a very solid letter from my employer and they are a big company. My worry is that as well as managing I was bartending, basically doing two roles at the same time.

My payslips say 'bartender' and not 'manager' and I was not ever paid anymore than a liquor servers wage.

The letter explains that they do not change the occupation on the paystubs because wage doesn't change and it also says, crucially I think, that even when I was 'not officially working a managers shift I was still completing manager tasks listed below'. I then have 75% of the roles listed on my NOC website page listed in the letter.

What are your thoughts? This isn't as cut and dry as other peoples professions and was a mixed role. This is what my entire application will boil down to. Friends have said that I should be fine but my lawyer wasn't overly enthusiastic.

As far as I see it I'm a skilled worker according to the job toles in the letter, does pay matter? Does doing the role mixed with unskilled work at the same time matter?

Looking for reassurance!

 

[scylla]

I'm with your lawyer. Hopefully you'll be fine but there are a few things that are concerning. The fact you were working mixed shifts isn't good - it should have been manager shifts only. This makes your experience sound like a mix of time spent in a skilled and unskilled NOC. I think the 'not officially working a managers shift' line in the letter is unfortunate since it highlights this fact. Also the no wage increase and still being paid liquor server wage isn't great. IMO you don't have a clear cut case - but I'm not a lawyer. Good luck.

 

[YouthTree]

Thanks for the reply. I only applied on Thursday, maybe I should upload a new letter with that phrase removed?

 

[scylla]

Thanks for the reply. I only applied on Thursday, maybe I should upload a new letter with that phrase removed?

I don't think that one line will make a material difference. However I would seek advice from your lawyer.

 

[YouthTree]

Unfortunately we're done, I was just have the odd skype call with her. I guess my only hope is that they just realise I was doing the skilled work as well as other work on top which I would imagine is fairly common in my line of work?

Ive tried to find other bar managers online but have struggled.

 

[newbutterfly]

The fact that your payslips state bartender is not good. You were also being paid a bartender’s salary. All evidence currently points to you being a bartender. Based on previous experience, even if your employment letter states you are a manager but your salary shows the wage of a bartender, the VO may decide that you are a bartender. I wish you all the best.

 

[YouthTree]

Hey thanks for the reply.

We weren't paid anymore because we got other perks instead, im hoping to explain this in a new letter I've sent my manager.

It feels awfully harsh to deny someone because they were getting underpaid? I also feel like its fairly common in my field of work. I wish my job was a little more cut and dry!

 

[jes_ON]

I have a years skilled work experience as restaurant manager. I have a very solid letter from my employer and they are a big company. My worry is that as well as managing I was bartending, basically doing two roles at the same time.

My payslips say 'bartender' and not 'manager' and I was not ever paid anymore than a liquor servers wage.

The letter explains that they do not change the occupation on the paystubs because wage doesn't change and it also says, crucially I think, that even when I was 'not officially working a managers shift I was still completing manager tasks listed below'. I then have 75% of the roles listed on my NOC website page listed in the letter.

What are your thoughts? This isn't as cut and dry as other peoples professions and was a mixed role. This is what my entire application will boil down to. Friends have said that I should be fine but my lawyer wasn't overly enthusiastic.

As far as I see it I'm a skilled worker according to the job toles in the letter, does pay matter? Does doing the role mixed with unskilled work at the same time matter?

Looking for reassurance!

The fact that the role is mixed is not the biggest concern - it is not uncommon for supervisors/managers to perform some of the same duties of the people they manage/supervise. However, if you look at the NOC for bartenders, 6512, you will see that bar supervisors and managers can be included in the NOC. Since you don't discuss other roles within a restaurant (e.g. cook, waiting tables) it is likely that IRCC will see your role as more narrow.

The managerial duties of NOC 0631 include significant decision-making authority -

• Plan, organize, direct, control and evaluate the operations of a restaurant, bar, cafeteria or other food or beverage service
• Determine type of services to be offered and implement operational procedures
• Negotiate arrangements with suppliers for food and other supplies

So, without knowing the job duties and responsibilities in your letter, it is hard to guess which is the correct NOC for you. Another clue might be - who do you report to - what is their title?

But, as others have pointed out, the fact that your title and wage did not change is a pretty big red flag that your NOC is not 0631.

Wish we could give you reassurance - since you have already applied, you can only hope for the best - good luck!

 

[YouthTree]

My letter shows my roles as bartender and roles as 'manager on duty'.

 

[jes_ON]

My letter shows my roles as bartender and roles as 'manager on duty'.

Then, likely IRCC will consider you to be NOC 6512, and your experience ineligible. Did the letter list duties/responsibilities?

The good news is, if you need to apply for the BOWP, as long as your application makes it past the completeness review, you should be able to get it.

 

[YouthTree]

Unfortunately I left almost a year ago.

And yes my letter lists both roles before I was promoted and was a bartender, and after once I was manager