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two0561

Member
Feb 9, 2014
15
0
I received an email(you can find it in the bottom of the page) from the case officer stating my application might not meet the requirement. My boss rewrote the employment letter for me. however, the problem is my management work experience. It's a small restaurant with about 12 employees and the boss hired me as an assistant manager cause he needed a person who graduated a college with business diploma or degree and who can speak fluent English and Korean. I don't really have a management work experience but I did a lot of volunteer work such as organizing events for international students. etc. Boss did not want anyone who is highly educated or experienced since he couldn't afford to pay them . moreover, highly experienced people tend to have many bias so he did not want to hire them.

I am not sure what additional information i should prepare and what should be next step of action. any suggestions are welcomed. please help me guys !!



subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Immigration and Refugee Protection Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of the Act.

I have concerns that you have not fulfilled the requirement put upon you by subsection 16(1) of the Immigration and Refugee Protection Act which states:

16(1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonable requires.


Specifically, I have concerns with the two employment letters dated (some date) from (my restaurant name) stating that you work as Full time ASSISTANT MANAGER NOC 0631, which you have provided in support of your application.

I note that you have no previous management work experience to claim an ASSISTANT MANAGER position. I also note that the job description provided in the letter of employment appears to have been partially drawn or drawn directly from HRSDC website. There is no specific detail in the list of duties that differentiates the work from the generic description provided by HRSDC. As such, I am not satisfied that you meet the requirement of the Canadian Experience Class.


I would like to provide you with the opportunity to respond to this information. You will have 30 days from the date of this letter to submit additional information in this regard. Please respond using the address at the end of this letter and clearly indicate your file number for all correspondence.
 

scylla

VIP Member
Jun 8, 2010
95,902
22,149
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
It's not just your previous lack of work experience that is a problem. If you read your refusal letter your employer's letter is a problem too. He should not have copied the responsibilities directly from the official responsibilities list for the NOC on the HRDSC web site. When the responsibilities are copied directly, this usually results in a refusal.

You are definitely going to need a new experience letter from your employer. I think you will also need a separate letter from your employer explaining why he hired you even though you have no management experience.
 

Rionfritz

Member
Jul 17, 2014
15
0
In the HRDSC, I could find a sort of requirements.

<<Employment requirements

Completion of a college or other program related to hospitality or food and beverage service management is usually required.

Several years of experience in the food service sector, including supervisory experience, are required.

Responsible beverage service certification is usually required for managers of establishments serving alcoholic beverages.>>

In addition to the updated employment letter, I think you are better to satisfy the officer with the alternative experience which can replace "the several years of experience in the food service sector". It looks not easy though,. Looks like you have to bring forward all of your past experience related your trade and people's testimonials who were working or doing project with you in the past.
 

LPS

Champion Member
Aug 7, 2013
1,250
37
Category........
Visa Office......
CPC-O
NOC Code......
2174
Job Offer........
Pre-Assessed..
App. Filed.......
06-08-2013
AOR Received.
07-10-2013
Med's Request
07-03-2014
Med's Done....
26-03-2014
LANDED..........
09-04-2014
^ For what it's worth, it's encouraging that you were given this chance to respond. Some people on here have been summarily refused because they did not make a convincing case that they actually worked in a managerial position.

The years of prior experience and educational credentials are not strict requirements for CEC. You may well be performing supervisory duties at your job, but the temptation is there for people working in ineligible NOC codes like 6311 (Food service supervisors) to collude with their employer to apply for CEC as something else.

So as others have suggested, give them an employer letter that reflects your duties more accurately, and then give some background about why you were chosen for the role. I would suggest that "highly experienced people tend to have many biases" is not a strong argument :)
 

samir3132

Champion Member
Jun 15, 2010
1,211
12
Visa Office......
cpp
NOC Code......
1215
App. Filed.......
Nov 22, 2013
AOR Received.
Jan 08, 2014
IELTS Request
submitted with application
File Transfer...
Jan 11, 2014
Med's Request
June 04 2014
Med's Done....
June 06 2014
Passport Req..
sep 26,2014
VISA ISSUED...
06 Oct 2014
LANDED..........
Feb 01 2015
two0561 said:
I received an email(you can find it in the bottom of the page) from the case officer stating my application might not meet the requirement. My boss rewrote the employment letter for me. however, the problem is my management work experience. It's a small restaurant with about 12 employees and the boss hired me as an assistant manager cause he needed a person who graduated a college with business diploma or degree and who can speak fluent English and Korean. I don't really have a management work experience but I did a lot of volunteer work such as organizing events for international students. etc. Boss did not want anyone who is highly educated or experienced since he couldn't afford to pay them . moreover, highly experienced people tend to have many bias so he did not want to hire them.

I am not sure what additional information i should prepare and what should be next step of action. any suggestions are welcomed. please help me guys !!



subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Immigration and Refugee Protection Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of the Act.

I have concerns that you have not fulfilled the requirement put upon you by subsection 16(1) of the Immigration and Refugee Protection Act which states:

16(1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonable requires.


Specifically, I have concerns with the two employment letters dated (some date) from (my restaurant name) stating that you work as Full time ASSISTANT MANAGER NOC 0631, which you have provided in support of your application.

I note that you have no previous management work experience to claim an ASSISTANT MANAGER position. I also note that the job description provided in the letter of employment appears to have been partially drawn or drawn directly from HRSDC website. There is no specific detail in the list of duties that differentiates the work from the generic description provided by HRSDC. As such, I am not satisfied that you meet the requirement of the Canadian Experience Class.


I would like to provide you with the opportunity to respond to this information. You will have 30 days from the date of this letter to submit additional information in this regard. Please respond using the address at the end of this letter and clearly indicate your file number for all correspondence.
I think you get this email as name procedure fairness letter don't worried if its pfl if you have lawyer or employer tell them to make good explanation letter for why they give you this position without experience and for duty explains in letter in your word not copy paste from hrdc. Best of luck.
 

two0561

Member
Feb 9, 2014
15
0
Do u guys know how long it usually takes to hear from them? I submitted the document a month ago but i still havent heard anything from them yet..
 

retwant

Hero Member
Dec 18, 2013
449
29
Category........
Visa Office......
CPC Ottawa
Job Offer........
Pre-Assessed..
It could take few days, if you are lucky, to few months, especially if your current VO suddenly transfer your case to another person, or maybe your case requires a review of senior officer. These officers could be very busy or on a short/long vacation. Just too many factors that could affect anyone's case...

Good luck thou! I hope you will hear good news quite soon...
 

zedmantri

Newbie
Nov 5, 2014
8
0
Yes I got the same letter from Immigration office dated September 10, 2014 and it looks like we have the same case. Even the words that the office has written to you are exactly the same. I did respond back to the immigration office on oct 10,2014 with 600 pages in evidence as a proof that I had performed my duties as a manager. Still waiting for the reply.

Just a question to other experts in this forum about my case.
I have the exact same situation but in my case the VO has specifically pointed that he is not satisfied that I have performed the duties written in the work experience letter provided by the employer and his second concern was that the job description in the employer letter were directly taken from hrdc website.

In response to his concerns I have send him a 600 hard copy pages of evidence which I was able to pull out from my email that would prove that I have performed the duties written in the Job description letter provided by the employer. In addition I also got a reference letter from the mall manager stating that I have worked as a store manager with abc company under his supervision. He is still the mall manager and he did print me the recommendation letter on the malls official letter head. Plus in addition I got reference letter from other store employees who personally knew me as a store manager.

Do you think this will help my case?
 

retwant

Hero Member
Dec 18, 2013
449
29
Category........
Visa Office......
CPC Ottawa
Job Offer........
Pre-Assessed..
zedmantri said:
Yes I got the same letter from Immigration office dated September 10, 2014 and it looks like we have the same case. Even the words that the office has written to you are exactly the same. I did respond back to the immigration office on oct 10,2014 with 600 pages in evidence as a proof that I had performed my duties as a manager. Still waiting for the reply.

Just a question to other experts in this forum about my case.
I have the exact same situation but in my case the VO has specifically pointed that he is not satisfied that I have performed the duties written in the work experience letter provided by the employer and his second concern was that the job description in the employer letter were directly taken from hrdc website.

In response to his concerns I have send him a 600 hard copy pages of evidence which I was able to pull out from my email that would prove that I have performed the duties written in the Job description letter provided by the employer. In addition I also got a reference letter from the mall manager stating that I have worked as a store manager with abc company under his supervision. He is still the mall manager and he did print me the recommendation letter on the malls official letter head. Plus in addition I got reference letter from other store employees who personally knew me as a store manager.

Do you think this will help my case?
Can you provide the link to your thread instead? Or maybe just bump your own post, so it will refresh. What you are doing right now can be considered as hijacking other people post. It will distract other people in helping him, especially with such a long post. Let us help each other here...
 

jenish3333

Hero Member
Aug 18, 2014
218
8
WINNIPEG
Category........
Visa Office......
CPC OTTAWA
NOC Code......
0631
Job Offer........
Pre-Assessed..
App. Filed.......
28-03-2014
Doc's Request.
15-05-2014, 15-01-2015
AOR Received.
17-04-2014
IELTS Request
SENT WITH AN APPLICATION
File Transfer...
17-04-2014
Med's Request
15-05-2015
Med's Done....
26-05-2015
Interview........
WIEVED
Passport Req..
05-06-2015
VISA ISSUED...
11-06-2015
LANDED..........
18-06-2015
retwant said:
Can you provide the link to your thread instead? Or maybe just bump your own post, so it will refresh. What you are doing right now can be considered as hijacking other people post. It will distract other people in helping him, especially with such a long post. Let us help each other here...
hello guys
I have aplied in noc 0631 too.
got AOR On 17 april and after that no news.
How long did it take them to send this kind of replies?
Thank you
jp
 

two0561

Member
Feb 9, 2014
15
0
its been about 70 days but i still havent heard anything from cic yet.. does it usually take that long? should i mail them and ask about my application status?

any advice would be greatly appreciated..
 

retwant

Hero Member
Dec 18, 2013
449
29
Category........
Visa Office......
CPC Ottawa
Job Offer........
Pre-Assessed..
two0561 said:
its been about 70 days but i still havent heard anything from cic yet.. does it usually take that long? should i mail them and ask about my application status?

any advice would be greatly appreciated..
Maybe no news means good news? Hopefully, it is that one. Have you applied for GCMS?