Need urgent help on email from cic

[pr_dj]

Dear all,

I have been an active reader of this forum - and would like to thank everyone for willing to share their profound knowledge, it has been of huge help to newbies like me.

I recently obtained PR and arrived in Canada this week. One of my co-workers approached me for an issue on his PR (CEC) and I would really like to hear expert advice from you, hence registered as an user today

He has got a letter from CIC asking him to clarify some misrepresentation in his papers.

1. The company he worked for, got named in immigration fraud and the boss was arrested but my friend's role was only that of IT-IS support. i suspect he is made an innocent victim mainly cos of the firm he worked for.
2. While providing experience, he misunderstood the instructions of - leave no gap and had filled in one end date wrong. He submitted his application in Aug 2014 and at that point of time, wasnt aware of seeking help over queries.

Now these points are being questioned. I have been checking the net and this forum and mostly everyone seem to be suggest to hire a lawyer. Is that the only option? Does anyone know about a good immigration lawyer in Canada?

Mostly, have you seen cases like this and what is the probability he will get through this? Pls do respond asap since he has been given only a 30 days time period for sending an explanation.

 

[scylla]

You would need to post the content of the letter you have received from CIC if you want real help from this forum.

 

[pr_dj]

Thank you scylla for the immediate response. Am not sure he will be comfortable in sharing the letter, let me check with him but I can post certain details:

1. His first work permit was valid until July 2013 but he opted to resign much earlier for better prospects in Canada. His second employer - the fraud organisation gave him work permit from Jan 2013 until May 2015. I have a question here as I am not aware how work permits work. Is it ok to have a second work permit overlapping the first one while it is still valid. Pls note both are closed work permits.

The email says they do not find reasonable that an immigration lawyer or consultant would hire someone who is not authorized to work for their company and suspects that to obtain at least one year of work experience and facilitate the acquisition of permanent residence, my friend engaged in employment fraud with the second employer - the immigration organization.

2. My friend had indicated in the application that he worked for the first organization until December 2012 but had in fact resigned in June 2012 but in order to maintain no gaps during employment, had mentioned Dec which was called out by CIC as misrepresentation. He just updated me that he had received a call from CIC 3 months ago and he answered their questions in a state of panic.

The email says that "By declaring this employment on your application for permanent residence, I have concerns that you directly misrepresented information" but he has all documents and evidences to support his case, he says.

Pls help. I will provide more details

 

[scylla]

#2 is a big problem. Yes - you shouldn't leave gaps on your application. However this doesn't mean you falsify work experience. This period of time should have just been marked as "unemployed". CIC doesn't typically accept explanations for this kind of misrepresentation. I would expect the application is going to be refused. CIC may also make an official finding of misrepresentation and ban you from Canada for five years.

I don't understand #1. It sounds like CIC is saying the second work permit was obtained fraudulently.

 

[jes_ON]

1. His first work permit was valid until July 2013 but he opted to resign much earlier for better prospects in Canada. His second employer - the fraud organisation gave him work permit from Jan 2013 until May 2015. I have a question here as I am not aware how work permits work. Is it ok to have a second work permit overlapping the first one while it is still valid. Pls note both are closed work permits.

A new work permit would replace the old one. But an employer cannot "give" a work permit to a worker. Only CIC can. Did he have a genuine work permit from CIC? If the company was engaged in fraud, then perhaps the work permit was fake too?

2. My friend had indicated in the application that he worked for the first organization until December 2012 but had in fact resigned in June 2012 but in order to maintain no gaps during employment, had mentioned Dec which was called out by CIC as misrepresentation. He just updated me that he had received a call from CIC 3 months ago and he answered their questions in a state of panic.

The email says that "By declaring this employment on your application for permanent residence, I have concerns that you directly misrepresented information" but he has all documents and evidences to support his case, he says.

Well, yes - he lied about having 6 months of work experience - which was silly, since there was no requirement to be continuously employed (under the CEC program).

It is not clear what you mean by "documents to support his case" - fraudulent documents to prove he worked when he didn't? Or some documents to prove it was just a misunderstanding when working for a company whose boss was arrested for immigration fraud? It would be difficult to prove that it was just a misunderstanding...

I think you have to consider the possibility that you might be more "innocent" than your friend...

 

[djshshajtm]

PR is hard to get without ANY complications like these.
The chance that your friend would end up getting PR is slim to none.

Mistake or intended, misrepresentation is a misrepresentation.
To add to that, a workplace that is deemed fraudulent? Good luck.

 

[cec_21]

Experts please help - IMPORTANT !! received an email from CIC ---

I have concerns that you have not fulfilled the requirement of paragraph 87.1(2)(a) of the IRPR which states that a foreign national is a member of the Canadian Experience Class if they have acquired in Canada, within the three years before the date on which their application for permanent residence is made, at least one year of full-time work experience, or the equivalent in part-time work experience, in one or more occupations that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix, exclusive of restricted occupations.

I am not satisfied that you submitted a genuine letter of employment with your application pursuant to the Canada Experience Class. I base this opinion on the fact that the signatory of your letter of employment, XXX, was not employed as General Manager of the XXX, ON on April 07, 2014, the date on the letter. Further, it is noted, that this establishment does not have a position called Marketing Manager (Business Development) as the letter claims.

I would like to provide you with the opportunity to respond to this letter. The onus is on you to demonstrate that you were working in the capacity you declared. You have until October 23, 2016, to submit additional information you would like me to consider. Please ensure that you quote the file number, indicated at the top of this letter on any information you submit.

What shall i do, I have all the letters, the LMO, the ROE, the Pay Stubs.. what should i do please help...

 

[djshshajtm]

Experts please help - IMPORTANT !! received an email from CIC ---

I have concerns that you have not fulfilled the requirement of paragraph 87.1(2)(a) of the IRPR which states that a foreign national is a member of the Canadian Experience Class if they have acquired in Canada, within the three years before the date on which their application for permanent residence is made, at least one year of full-time work experience, or the equivalent in part-time work experience, in one or more occupations that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix, exclusive of restricted occupations.

I am not satisfied that you submitted a genuine letter of employment with your application pursuant to the Canada Experience Class. I base this opinion on the fact that the signatory of your letter of employment, XXX, was not employed as General Manager of the XXX, ON on April 07, 2014, the date on the letter. Further, it is noted, that this establishment does not have a position called Marketing Manager (Business Development) as the letter claims.

I would like to provide you with the opportunity to respond to this letter. The onus is on you to demonstrate that you were working in the capacity you declared. You have until October 23, 2016, to submit additional information you would like me to consider. Please ensure that you quote the file number, indicated at the top of this letter on any information you submit.

What shall i do, I have all the letters, the LMO, the ROE, the Pay Stubs.. what should i do please help...

Hire a immigration lawyer and get help.

 

[jes_ON]

I am not satisfied that you submitted a genuine letter of employment with your application pursuant to the Canada Experience Class. I base this opinion on the fact that the signatory of your letter of employment, XXX, was not employed as General Manager of the XXX, ON on April 07, 2014, the date on the letter. Further, it is noted, that this establishment does not have a position called Marketing Manager (Business Development) as the letter claims.

What shall i do, I have all the letters, the LMO, the ROE, the Pay Stubs.. what should i do please help...

What is your response to the VO's comments? No way to advise you unless we know what you think happened...

Can you prove that:
- the person who signed the letter was in fact employed as the General Manager on that date?
- that the company did have a position with a job tile of Marketing Manager?

 

[empress14]

Hi there I also got this kind of letter from VO until now I am waiting for the reply.. get as much evidences.. self explanation letter, explanation letter from Coworkers, employers, job letter... emails about work.. roe that states your job..anything that you think can satisfy or answer the concerns of VO.. ( lots of prayers!)