Need help got a refusal from EE VO

[Rav_C]

Hello Everyone,

This is my very first post here, however I have been following y'all and reading through all the expert advises since the start of my application for EE. Adding all the info and question I have here.

Here is my journey so far:

• I applied for EE in Feb 2018
• Simultaneously applied for provisional nominee in MB for skilled worker level A under NOC A1112 as I have my brother in MB
• Received LOA and completed the second application with MPNP paying fee and providing all relevant documents asked at the time of LOA
• Received provisional nominee letter and accepted it on EE profile
• My profile was selected in the very next pool for submitting the application for EE
• Submitted all the relevant documents and paid fee for EE in December 2018
• Received the following refusal letter from the on May 31st 2019**

My job responsibilities match the NOC A 1112 - Financial and investment analysts. I read through the Lead statement & titles for NOC code before I mentioned this in my application.

My IELTS results was approx. 10 months old & my ECA was 3 months old at the time of application.

All of these have been called off on the refusal letter which worries me.

The only document I couldn't add to prove my work experience was the referral letter, which was hard for me to get as I'm still working at the origination and asking for a letter with roles and responsibilities would raise a ton of questions. Instead, I shared all the other supporting documents such as: Offer letter, year end appraisal letter, my on site travel visa & cover letter, onsite ID card, employee experience certificate, last 6 months payslip.

I read in a couple of forums, people suggested if we are unable to get the referral letter and share all other supporting documents instead it would still work, hence I ended up submitting all these documents hoping it would work.

Can anyone help me what I should be doing next? Is there a way I can correct this as I can try to get the referral letter now from my employer as I'm serving notice

**Dear

I have now completed the assessment of your application for a permanent resident visa as a provincial nominee. If you are nominated under a province or territory’s Express Entry stream, you must meet the requirements for provincial nomination, and you must also meet the minimum criteria for Express Entry which includes meeting the requirements of at least one of the immigration programs it covers: that is, Federal Skilled Worker Program, Federal Skilled Trades Program, or Canadian Experience Class.

At the time you were invited to apply, it was determined that you did not meet the minimum entry criteria for either the Canadian Experience Class or the Federal Skilled Trades Program. Upon further review of the information and documentation you submitted as evidence of work experience, I have determined that you do not appear to meet Federal Skilled Worker (FSW) program minimum requirements as per R75(2).
Subsection 75(2) of the Immigration and Refugee Protection Regulations (IRPR) states that a foreign national is a skilled worker if:

• a) within the ten years preceding the date of their application for a permanent resident visa, they have accumulated at least one year of continuous full-time (30 hours/week) work experience, as described in subsection 73(1), or the equivalent in continuous part-time work, in the occupation identified in their application as their primary occupation, other than a restricted occupation, that is listed in Skill Type 0 Management Occupations or Skill Levels A or B of the National Occupational Classification matrix;

• b) during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification;

• c) during that period of employment they performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties;

• d) they submitted the results of a designated English or French language test, which is less than two years old on the date of application, indicating that they have met or exceeded the applicable language proficiency threshold set by the Minister for each of the four language skill areas; and completed foreign educational credential and the equivalency assessment from a designated organization or institution that is less than five years old on the date of application.
  
• e) they submitted their completed Canadian educational credential or their completed foreign educational credential and the equivalency assessment from a designated organization or institution that is less than five years old on the date of application.

Subsection 75(3) of the IRPR states that if a foreign national fails to meet these requirements, the application shall be refused and no further assessment is required. I am not satisfied that you meet these requirements.

Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) 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 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.

In addition, according to section 11.2 of the Immigration Refugee Protection Act: An officer may not issue a visa or other document in respect of an application for permanent residence to a foreign national who was issued an invitation under Division 0.1 to make such an application if – at the time the invitation was issued or at the time the officer received their application – the foreign national did not meet the criteria set out in an instruction given under paragraph 10.3(1)(e) or does not have the qualifications on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h) and were consequently issued the
invitation.

Section 11.2 of the IRPA requires that information provided in your Express Entry Profile concerning your eligibility to be invited to apply (10.3(1)(e)), as well as the qualifications on the basis of which you were ranked (10.3(1)(h)) be valid both at the time the invitation was issued and at the time the application for permanent residence is received.

As I have found that you no longer meet the minimum criteria to be eligible to be invited to apply set out in an instruction given under 10.3(1)(e), you no longer meet the requirements of Section 11.2 of the Act. I am therefore refusing your application.

Since you have paid refundable Right of Permanent Residence Fee, refund of the fee(s) is being initiated and will be forwarded to you within 8 -12 weeks. It will be sent to you at the same address as was used for this letter. In the interim, if your mailing address changes, or if you wish the refund sent to a different address other than the one to which this letter was sent, please immediately inform us in writing of that new address.

Sincerely,

Migration Officer


Thanks in advance for all he help

Best,
Rav

 

[DanBhanu69]

Hello Everyone,

This is my very first post here, however I have been following y'all and reading through all the expert advises since the start of my application for EE. Adding all the info and question I have here.

Here is my journey so far:

• I applied for EE in Feb 2018
• Simultaneously applied for provisional nominee in MB for skilled worker level A under NOC A1112 as I have my brother in MB
• Received LOA and completed the second application with MPNP paying fee and providing all relevant documents asked at the time of LOA
• Received provisional nominee letter and accepted it on EE profile
• My profile was selected in the very next pool for submitting the application for EE
• Submitted all the relevant documents and paid fee for EE in December 2018
• Received the following refusal letter from the on May 31st 2019**

My job responsibilities match the NOC A 1112 - Financial and investment analysts. I read through the Lead statement & titles for NOC code before I mentioned this in my application.

My IELTS results was approx. 10 months old & my ECA was 3 months old at the time of application.

All of these have been called off on the refusal letter which worries me.

The only document I couldn't add to prove my work experience was the referral letter, which was hard for me to get as I'm still working at the origination and asking for a letter with roles and responsibilities would raise a ton of questions. Instead, I shared all the other supporting documents such as: Offer letter, year end appraisal letter, my on site travel visa & cover letter, onsite ID card, employee experience certificate, last 6 months payslip.

I read in a couple of forums, people suggested if we are unable to get the referral letter and share all other supporting documents instead it would still work, hence I ended up submitting all these documents hoping it would work.

Can anyone help me what I should be doing next? Is there a way I can correct this as I can try to get the referral letter now from my employer as I'm serving notice

**Dear

I have now completed the assessment of your application for a permanent resident visa as a provincial nominee. If you are nominated under a province or territory’s Express Entry stream, you must meet the requirements for provincial nomination, and you must also meet the minimum criteria for Express Entry which includes meeting the requirements of at least one of the immigration programs it covers: that is, Federal Skilled Worker Program, Federal Skilled Trades Program, or Canadian Experience Class.

At the time you were invited to apply, it was determined that you did not meet the minimum entry criteria for either the Canadian Experience Class or the Federal Skilled Trades Program. Upon further review of the information and documentation you submitted as evidence of work experience, I have determined that you do not appear to meet Federal Skilled Worker (FSW) program minimum requirements as per R75(2).
Subsection 75(2) of the Immigration and Refugee Protection Regulations (IRPR) states that a foreign national is a skilled worker if:

• a) within the ten years preceding the date of their application for a permanent resident visa, they have accumulated at least one year of continuous full-time (30 hours/week) work experience, as described in subsection 73(1), or the equivalent in continuous part-time work, in the occupation identified in their application as their primary occupation, other than a restricted occupation, that is listed in Skill Type 0 Management Occupations or Skill Levels A or B of the National Occupational Classification matrix;

• b) during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification;

• c) during that period of employment they performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties;

• d) they submitted the results of a designated English or French language test, which is less than two years old on the date of application, indicating that they have met or exceeded the applicable language proficiency threshold set by the Minister for each of the four language skill areas; and completed foreign educational credential and the equivalency assessment from a designated organization or institution that is less than five years old on the date of application.
• e) they submitted their completed Canadian educational credential or their completed foreign educational credential and the equivalency assessment from a designated organization or institution that is less than five years old on the date of application.

Subsection 75(3) of the IRPR states that if a foreign national fails to meet these requirements, the application shall be refused and no further assessment is required. I am not satisfied that you meet these requirements.

Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) 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 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.

In addition, according to section 11.2 of the Immigration Refugee Protection Act: An officer may not issue a visa or other document in respect of an application for permanent residence to a foreign national who was issued an invitation under Division 0.1 to make such an application if – at the time the invitation was issued or at the time the officer received their application – the foreign national did not meet the criteria set out in an instruction given under paragraph 10.3(1)(e) or does not have the qualifications on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h) and were consequently issued the
invitation.

Section 11.2 of the IRPA requires that information provided in your Express Entry Profile concerning your eligibility to be invited to apply (10.3(1)(e)), as well as the qualifications on the basis of which you were ranked (10.3(1)(h)) be valid both at the time the invitation was issued and at the time the application for permanent residence is received.

As I have found that you no longer meet the minimum criteria to be eligible to be invited to apply set out in an instruction given under 10.3(1)(e), you no longer meet the requirements of Section 11.2 of the Act. I am therefore refusing your application.

Since you have paid refundable Right of Permanent Residence Fee, refund of the fee(s) is being initiated and will be forwarded to you within 8 -12 weeks. It will be sent to you at the same address as was used for this letter. In the interim, if your mailing address changes, or if you wish the refund sent to a different address other than the one to which this letter was sent, please immediately inform us in writing of that new address.

Sincerely,

Migration Officer


Thanks in advance for all he help

Best,
Rav

Hi Rav,
Awful news. You must be disappointed.

Quick questions: do you have over a year's work experience? Were you able to demonstrate that in your application?
Also your chosen NOC code: how were you able to prove that you actually performed those functions?

On the plus side, I believe your Manitoba nomination remains valid (for six months after it was issued). You might have to open a new EE profile and apply for Manitoba to allocate the 600pts to you.

 

[Rav_C]

Hi Rav,
Awful news. You must be disappointed.

Quick questions: do you have over a year's work experience? Were you able to demonstrate that in your application?
Also your chosen NOC code: how were you able to prove that you actually performed those functions?

On the plus side, I believe your Manitoba nomination remains valid (for six months after it was issued). You might have to open a new EE profile and apply for Manitoba to allocate the 600pts to you.

Thank you for your response DanBhanu69. I was heart broken and took some time to pull things together and start working on how to fix this.

To answer your questions, I have about 4yrs of experience managing all types of responsibilities listed under A1112. As I was unable to provide a referral letter with my duties at work, I submitted all other info such as "Offer letter, year end appraisal letter, my on site travel visa & cover letter, onsite ID card, employee experience certificate, last 6 months payslip"

Reading through your question per the NOC code, above documents are all the documents I submitted. Do you think missing out on the referral letter could have triggered the refusal?

The email I received from MPNP on the nomination letter stated I had 60 days to accept. Will that still be valid?

Thanks,
Rav

 

[jes_ON]

To answer your questions, I have about 4yrs of experience managing all types of responsibilities listed under A1112. As I was unable to provide a referral letter with my duties at work, I submitted all other info such as "Offer letter, year end appraisal letter, my on site travel visa & cover letter, onsite ID card, employee experience certificate, last 6 months payslip"

Reading through your question per the NOC code, above documents are all the documents I submitted. Do you think missing out on the referral letter could have triggered the refusal?

The letter of employment is the single most important document in the EE PR application. It is your proof of skilled work experience, which is the basis for eligibility. Yes, the lack of a (complete) letter of employment is probably one of the most common reasons for refusal.

Yes, sometimes people are successful when they submit alternative documentation, but they have to make a good faith effort to get the letter, document those efforts (including the employer's refusal to provide the letter), and write a letter of explanation to IRCC as to why they could not get it.

Even then, the alternative documentation has to provide proof of job duties and responsibilities, it was not clear if your documentation had that.

It's a terribly vague letter, to be sure, it is hard to know where the problem is (or if there is more than one problem), but the lack of a letter of reference is common culprit.

 

[Rav_C]

Hi jes_ON,

Thank you for your response. Would you be able to suggest what should be my next course of action? I was thinking of getting the reference letter and put all the info together and send en email to the CIC support and hope they get back to me with a response on it.

I was feeling super confident on my application as all the info in the application is true to the best my knowledge and the refusal just threw me out of the window.

Thanks,
Rav

 

[DanBhanu69]

Yes, it does appear likely that the IRCC reviewing officer was unwilling to be lenient where Manitoba was...
Of course you can appeal and provide the referral letter, which may trigger the question...why didn't you provide it in the first place?

You may have to register a new profile and contact Manitoba, requesting they transfer the 600pts afresh. Maybe someone might have a more informed suggestion.
Best wishes

 

[Rav_C]

Yes, it does appear likely that the IRCC reviewing officer was unwilling to be lenient where Manitoba was...
Of course you can appeal and provide the referral letter, which may trigger the question...why didn't you provide it in the first place?

You may have to register a new profile and contact Manitoba, requesting they transfer the 600pts afresh. Maybe someone might have a more informed suggestion.
Best wishes

Thank you DanBhanu69 for your kind wishes.

I was unable to provide the reference letter earlier as my HR refused to provide one And this process gets easier now as serving my notice period they might be okay now I have submitted a request and awaiting their response.

Can you recommend a format I can use for the referral letter? I can request my HR to give me something on the same lines?

Thank you as always for your time and support.

Regards,
Rav

 

[DanBhanu69]

November 13, 2017
Immigrations, Refugees and Canada
Centralized Intake Office
Sydney,
Nova Scotia

Dear Sir/Madam,

REFERENCE LETTER FOR XXX
At his request, I write to confirm that XXX was/is a staff of ABC Enterprises.

Please find his employment details below.
Job Title:
Unit:
Start Date: 2nd January 2007
End Date: 12th June 2008
Nature of Employment: Permanent/Full-Time
Extended Leave Periods: Not Applicable
Number of work hours/week: 40 hours/week
Salary: GBP3000 (annual/monthly)

Duties performed
 YVC
 TTC

For further inquiries, please contact John.Doe@ABCltd.com

Thank you.

Yours faithfully,

John Doe
Head, HR/Admin
For: ABC Limited

 

[DanBhanu69]

I used a variety of this...got it somewhere on this forum.
Obviously you want to pay as much attention as possible to this letter...as mentioned above, it is rather important.

Do let us know how it evolves...good luck!

 

[Rav_C]

I used a variety of this...got it somewhere on this forum.
Obviously you want to pay as much attention as possible to this letter...as mentioned above, it is rather important.

Do let us know how it evolves...good luck!

Thanks a million DanBhanu69. This definitely gives me a good head start. I'll put these together and work with my HR for the letter.

Once I have it together will send an email with all the info to the international.gc.ca team.

All am hoping is they consider the request and take it to the next step.

I'll ensure to keep you all posted about the status.

Thanks,
Rav

 

[DanBhanu69]

Thanks a million DanBhanu69. This definitely gives me a good head start. I'll put these together and work with my HR for the letter.

Once I have it together will send an email with all the info to the international.gc.ca team.

All am hoping is they consider the request and take it to the next step.

I'll ensure to keep you all posted about the status.

Thanks,
Rav

Great!
Perhaps include a letter explaining why you couldn't provide the letter in the application. And attach any evidence...for example copy of an email from HR declining your request.

 

[Tingling]

"My job responsibilities match the NOC A 1112 - Financial and investment analysts. I read through the Lead statement & titles for NOC code before I mentioned this in my application."

If there is no Reference Letter submitted, where and how was it mentioned in your application?

Hello Everyone,

This is my very first post here, however I have been following y'all and reading through all the expert advises since the start of my application for EE. Adding all the info and question I have here.

Here is my journey so far:

• I applied for EE in Feb 2018
• Simultaneously applied for provisional nominee in MB for skilled worker level A under NOC A1112 as I have my brother in MB
• Received LOA and completed the second application with MPNP paying fee and providing all relevant documents asked at the time of LOA
• Received provisional nominee letter and accepted it on EE profile
• My profile was selected in the very next pool for submitting the application for EE
• Submitted all the relevant documents and paid fee for EE in December 2018
• Received the following refusal letter from the on May 31st 2019**

My job responsibilities match the NOC A 1112 - Financial and investment analysts. I read through the Lead statement & titles for NOC code before I mentioned this in my application.

My IELTS results was approx. 10 months old & my ECA was 3 months old at the time of application.

All of these have been called off on the refusal letter which worries me.

The only document I couldn't add to prove my work experience was the referral letter, which was hard for me to get as I'm still working at the origination and asking for a letter with roles and responsibilities would raise a ton of questions. Instead, I shared all the other supporting documents such as: Offer letter, year end appraisal letter, my on site travel visa & cover letter, onsite ID card, employee experience certificate, last 6 months payslip.

I read in a couple of forums, people suggested if we are unable to get the referral letter and share all other supporting documents instead it would still work, hence I ended up submitting all these documents hoping it would work.

Can anyone help me what I should be doing next? Is there a way I can correct this as I can try to get the referral letter now from my employer as I'm serving notice

**Dear

I have now completed the assessment of your application for a permanent resident visa as a provincial nominee. If you are nominated under a province or territory’s Express Entry stream, you must meet the requirements for provincial nomination, and you must also meet the minimum criteria for Express Entry which includes meeting the requirements of at least one of the immigration programs it covers: that is, Federal Skilled Worker Program, Federal Skilled Trades Program, or Canadian Experience Class.

At the time you were invited to apply, it was determined that you did not meet the minimum entry criteria for either the Canadian Experience Class or the Federal Skilled Trades Program. Upon further review of the information and documentation you submitted as evidence of work experience, I have determined that you do not appear to meet Federal Skilled Worker (FSW) program minimum requirements as per R75(2).
Subsection 75(2) of the Immigration and Refugee Protection Regulations (IRPR) states that a foreign national is a skilled worker if:

• a) within the ten years preceding the date of their application for a permanent resident visa, they have accumulated at least one year of continuous full-time (30 hours/week) work experience, as described in subsection 73(1), or the equivalent in continuous part-time work, in the occupation identified in their application as their primary occupation, other than a restricted occupation, that is listed in Skill Type 0 Management Occupations or Skill Levels A or B of the National Occupational Classification matrix;

• b) during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification;

• c) during that period of employment they performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties;

• d) they submitted the results of a designated English or French language test, which is less than two years old on the date of application, indicating that they have met or exceeded the applicable language proficiency threshold set by the Minister for each of the four language skill areas; and completed foreign educational credential and the equivalency assessment from a designated organization or institution that is less than five years old on the date of application.
• e) they submitted their completed Canadian educational credential or their completed foreign educational credential and the equivalency assessment from a designated organization or institution that is less than five years old on the date of application.

Subsection 75(3) of the IRPR states that if a foreign national fails to meet these requirements, the application shall be refused and no further assessment is required. I am not satisfied that you meet these requirements.

Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) 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 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.

In addition, according to section 11.2 of the Immigration Refugee Protection Act: An officer may not issue a visa or other document in respect of an application for permanent residence to a foreign national who was issued an invitation under Division 0.1 to make such an application if – at the time the invitation was issued or at the time the officer received their application – the foreign national did not meet the criteria set out in an instruction given under paragraph 10.3(1)(e) or does not have the qualifications on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h) and were consequently issued the
invitation.

Section 11.2 of the IRPA requires that information provided in your Express Entry Profile concerning your eligibility to be invited to apply (10.3(1)(e)), as well as the qualifications on the basis of which you were ranked (10.3(1)(h)) be valid both at the time the invitation was issued and at the time the application for permanent residence is received.

As I have found that you no longer meet the minimum criteria to be eligible to be invited to apply set out in an instruction given under 10.3(1)(e), you no longer meet the requirements of Section 11.2 of the Act. I am therefore refusing your application.

Since you have paid refundable Right of Permanent Residence Fee, refund of the fee(s) is being initiated and will be forwarded to you within 8 -12 weeks. It will be sent to you at the same address as was used for this letter. In the interim, if your mailing address changes, or if you wish the refund sent to a different address other than the one to which this letter was sent, please immediately inform us in writing of that new address.

Sincerely,

Migration Officer


Thanks in advance for all he help

Best,
Rav

 

[Rav_C]

Great!
Perhaps include a letter explaining why you couldn't provide the letter in the application. And attach any evidence...for example copy of an email from HR declining your request.

Thank you for your response DanBhanu69.

Totally makes sense and thank you for your suggestion. I'll try to get both letters together. I think more the evidence the clear it gets for the VO.

Regards,
Rav

 

[Rav_C]

"My job responsibilities match the NOC A 1112 - Financial and investment analysts. I read through the Lead statement & titles for NOC code before I mentioned this in my application."

If there is no Reference Letter submitted, where and how was it mentioned in your application?

Hi Tingling, thank you for your response.

I added a cover letter during the submission and mentioned I was unable to get a reference letter and the reason for it and mentioned details about all other supporting documents submitted and how they can relate to my work. But as per jes_ON and DanBhanu69 I'm understanding that I didn't add the meat which could have turned things around for me.

Thanks,
Rav

 

[Rav_C]

Hello Everyone,

While I wait for the Delhi, IN Immigration office to respond to my email. I wanted to check what should be my next course of action in case they come back to me asking to start a fresh. I want to get working on gathering all the documents and do everything right this time without any leeway.

I'm reading through all the posts and articles on CIC, however getting a ton of contradicting statements from one another

Please help me get my thoughts straight:

• The only thing that concerns me is with the MPNP nomination letter, how do I get a new Letter Of Approval? Should I email MPNP Team?
• I got my ECA from WES around December 2017. that should still be good enough?
• Should I be repeating all the tests such as IELTS, Police verification, Medical, funds certificate from bank etc..

Thanks in advance for all your support. Y'all make me feel stronger with your suggestions and extended help and support.

Looking forward to your expert suggestions.

Thanks,
Rav