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Need Expert Advice..

Dreams123

Hero Member
Aug 25, 2013
257
8
Job Offer........
Pre-Assessed..
Hi Everyone

I am July 15 FSW Inland Applicant and today i received this letter. My timeline is in my signature. I need advice on this please:


This refers to your application for permanent residence in Canada. I am writing you this letter to express my serious concerns regarding your application.

I am now completing the assessment of your application for a permanent resident visa. It appears that you may not meet the requirements for immigration to Canada.

You ***** (my name), have not met the following condition:
within the 10 years before the date on which your application for a permanent resident visa is made, have accumulated, over a continuous period, at least one year of full-time work experience, or the equivalent in part-time work, in the occupation you identified in your application as your primary occupation, other than a restricted occupation, that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix pursuant to R75.(2)(a).

Before I make a final decision, you may submit additional information relating to this issue. You may also submit any information addressing the issue of the following:

I have concerns that you did not acquired the claimed your experience as Assistant Accountant NOC 1311 for the employer “******” (my company name) from 2013/05 to lock in date. Following a search on open sources I have found little information about ““******” (my company name) Furthermore the employer is located in a residential area.
You have 15 days from the date of this letter to submit additional information to me via your MyCIC account. You may submit anything you want in order to disabuse me of my concerns. However, you should include the following:
• Marketing material,
• PD7A from your employer
• Evidence of a business license
• Tax returns
• Notice of Assessment

You are responsible for any fees charged by) or other professionals you consult as a result of this opportunity to submit new information.
Please note that if it is found that you have engaged in misrepresentation in submitting your application for a permanent residence in Canada as a member of the Canadian Experience Class , you may be found to be inadmissible under section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of two years according to section 40(2)(a):
40(1) A permanent resident or a foreign national is inadmissible for misrepresentation
(a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act
40(2) The following provisions govern subsection (1):
(a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of two years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of determination in Canada, the date the removal order is enforced.
As stated above, you must provide any additional information within 15 days from the date of this letter. If you choose not to respond with additional information I will make my decision based on the information before me, which may result in the refusal of your application.
If you choose not to respond with additional information, or if your submission does not allay these concerns, your application may be refused.
Please note:
• Any documents submitted which are not in English or French must be accompanied by a translation in either English or French.
• Do not submit originals, unless otherwise stated, as documents submitted will not be returned.
• If you are experiencing problems uploading files through your MyCIC account, you can refer to our Case Specific Enquiry webform.

I look forward to receiving your additional information.
Thank you for the interest you have shown in Canada.


My Job is legit and i can prove them. I can provide them what they are asking but why they think i do not met job requirement criteria?

Should i hire a lawyer or should i reply by myself?

Please advice.
 

8Hannah8

Star Member
Oct 24, 2015
84
5
why they think i do not met job requirement criteria?
=> the lack of this experience would decrease a number of point you have now and potentially disqualify you from the stream.
 

johnny123

Hero Member
Aug 18, 2012
625
18
Visa Office......
CPC-Ottawa
NOC Code......
0621
AOR Received.
18-10-2016
Med's Done....
10-12-2016 passed
Passport Req..
25-01-2017
VISA ISSUED...
13-02-2017
LANDED..........
19-04-2017
For better understanding, can you provide us a little bit more information?

Is the company in Canada and is it your present company?
Which documents did you provide when you applied for EE?
Did they try to contact your employer via phone/email?

I am not an expert, but to me it sounds that they have doubts about legitimacy of the company itself, and therefore about your work experience which you gained there.
 

cyronn

Hero Member
Aug 18, 2015
261
13
Category........
Visa Office......
New Delhi
NOC Code......
2171
Job Offer........
Pre-Assessed..
App. Filed.......
22-01-2016
AOR Received.
22-01-2016
Passport Req..
26-02-2016
VISA ISSUED...
03-03-2016
johnny123 said:
For better understanding, can you provide us a little bit more information?

I am not an expert, but to me it sounds that they have doubts about legitimacy of the company itself, and therefore about your work experience which you gained there.
Seconded. Also the VO states he is not finding much information about your company from a search using open sources. Try and get all necessary documents to prove the company is legit and your employment there is as per rules. If you have everything, then you might not need a lawyer at this stage.
 

Dreams123

Hero Member
Aug 25, 2013
257
8
Job Offer........
Pre-Assessed..
Thanks everyone for your replies.

I don't understand why they had problem in searching company because it is old company and it is in business offices plaza. You can easily find it on google as well.

I had sent them T4's from CRA website that cannot be a lie.

I will send them everything just assuming that they may had glitch in their system. Company existence can be proved and i can provide them everything what they asked for but i don't understand why they said "You ***** (my name), have not met the following condition".

I started my full time job from October 2013 and still working with the same company. Everything is same. Why they are saying i don't met 1 year full time or equivalent criteria?

Just because of above mentioned point regarding experience, i am trying to consult lawyer to understand what they are trying to ask over here so i can provide the same.

Wish me luck guys so i can provide them everything what they ask for and can prove my self that i am honest :(
 

Asivad Anac

VIP Member
May 27, 2015
10,630
1,398
Job Offer........
Pre-Assessed..
Dreams123 said:
I will send them everything just assuming that they may had glitch in their system. Company existence can be proved and i can provide them everything what they asked for but i don't understand why they said "You ***** (my name), have not met the following condition".

I started my full time job from October 2013 and still working with the same company. Everything is same. Why they are saying i don't met 1 year full time or equivalent criteria?
Probably because you don't have any other valid Canadian experience besides this one. And if that's the case, your entire CEC eligibility depends on this experience. If this work experience isn't proved to be valid, legal and under NOC 0/A/B, you don't meet the program criteria.

Hope you are able to provide them required documentation and that this is some kind of an error at their end as you stated.

All the best!
 

Dreams123

Hero Member
Aug 25, 2013
257
8
Job Offer........
Pre-Assessed..
Asivad Anac said:
Probably because you don't have any other valid Canadian experience besides this one. And if that's the case, your entire CEC eligibility depends on this experience. If this work experience isn't proved to be valid, legal and under NOC 0/A/B, you don't meet the program criteria.

Hope you are able to provide them required documentation and that this is some kind of an error at their end as you stated.

All the best!
Hi Asivad

Thanks for your reply but what do you mean by "other Canadian valid experience".
As far as i know to be eligible for FSW Inland category,
- you need to have work experience back home - which they didn't question.
- 2 years diploma - i have that
- 1 full time work experience - i have that too. (2 years now)
 

Asivad Anac

VIP Member
May 27, 2015
10,630
1,398
Job Offer........
Pre-Assessed..
Dreams123 said:
Hi Asivad

Thanks for your reply but what do you mean by "other Canadian valid experience".
As far as i know to be eligible for FSW Inland category,
- you need to have work experience back home - which they didn't question.
- 2 years diploma - i have that
- 1 full time work experience - i have that too. (2 years now)
My bad. I thought you were a CEC applicant.

In this case, probably the removal of these 2 years of Canadian work experience reduces your points to below 67 and/or your chosen Primary NOC is not the same as your work experience outside Canada because, in that case, it won't count towards FSW points.
 

Dreams123

Hero Member
Aug 25, 2013
257
8
Job Offer........
Pre-Assessed..
Asivad Anac said:
My bad. I thought you were a CEC applicant.

In this case, probably the removal of these 2 years of Canadian work experience reduces your points to below 67 and/or your chosen Primary NOC is not the same as your work experience outside Canada because, in that case, it won't count towards FSW points.
Do you mean we need to have same work experience on which i studied here?
 

Asivad Anac

VIP Member
May 27, 2015
10,630
1,398
Job Offer........
Pre-Assessed..
Dreams123 said:
Do you mean we need to have same work experience on which i studied here?
Doesn't necessarily have to be related with education. But unlike CRS points which are NOC agnostic, FSW eligibility points for work experience are awarded based on the Primary NOC - you get points for experience acquired only under that NOC.
 

Dreams123

Hero Member
Aug 25, 2013
257
8
Job Offer........
Pre-Assessed..
Asivad Anac said:
Doesn't necessarily have to be related with education. But unlike CRS points which are NOC agnostic, FSW eligibility points for work experience are awarded based on the Primary NOC - you get points for experience acquired only under that NOC.
Sorry asivad, i didn't understand that. Can you please explain again?
 

johnny123

Hero Member
Aug 18, 2012
625
18
Visa Office......
CPC-Ottawa
NOC Code......
0621
AOR Received.
18-10-2016
Med's Done....
10-12-2016 passed
Passport Req..
25-01-2017
VISA ISSUED...
13-02-2017
LANDED..........
19-04-2017
Asivad is saying that only work experience gained under NOC which you declared as Primary NOC counts towards FSW eligibility.
Dont get.me.wrong, but people here sre trying to help you, so in order to answer your questions it would really help that you provide more details about your application so we dont have to play guessing game
 

Maaftgbkum

Hero Member
Jan 4, 2015
630
6
Hello experts,
I really need your help .i am so confused actually I have dual intent Lmia and experience too .i have applied for the work permit but i am not understanding that should I apply for the express entry without my workpermit ? Or should I wait first for workpermit then apply for the express entry with work permit . Plzzzzzzzz guys if anybody knows that please reply me as soon as possible .
 

Dreams123

Hero Member
Aug 25, 2013
257
8
Job Offer........
Pre-Assessed..
johnny123 said:
Asivad is saying that only work experience gained under NOC which you declared as Primary NOC counts towards FSW eligibility.
Dont get.me.wrong, but people here sre trying to help you, so in order to answer your questions it would really help that you provide more details about your application so we dont have to play guessing game
Thanks everyone's help.

I was eligible for FSW and CEC both but got invitation under FSW only and applied for the same but i did mention my present job in canada also.

Another thing i can think of is may be they got confuse with my co op jobs and part time job. May be they are trying to add that up and considering me CEC applicant? Even if they are why they think i don't have full time one year exp?

If i applied under FSW will they still check my PGWP work experience? If yes, it should not be any problem. very confused, seriously.

johnny123, please let me know what other information you guys need to help me out. :(
 

Ibyt

Hero Member
Mar 27, 2015
292
22
Job Offer........
Pre-Assessed..
Ok so now Im confused after reading your response here and on the FSW thread,

Did you claim points for Co-op? (Because that doesn't count as experience)

Did you claim points for work outside Canada? (maybe that is what they cant find proof of)

If you claimed points for job inside Canada then you need to let them know what job you are claiming points for (make sure to give all your proof for that job and calculate both your FSW and ITA scores to be sure you are in line)

Your letter states CEC, if you got an invite for FSW, let them know that their letter is incorrect ( that will set the initial mood for false accusation on their part and then convince them with your added documentation, dont forget to attach your ITA as proof)

Also attach a screen shot of your company search on google to disabuse them of that claim of not finding your office on external sources.