PR application refusal

[Fateh89]

Hi everyone,

i am in big problem and if any of you can give me wise advise....i will really appreciate that and will thank all of you for your time and guidance.

I received my BC PNP in Jan 2016 and then, in feb., applied my PR under express entry, NOC 6311. Today, i got refusal by CIC, as officer says that its clear from my documents that i worked at Wendy's as shift Supervisor from June 2014 to Dec.2015 and then Feb 2016 till date. But they said, i have not submitted sufficient evidence to satisfy that i have performed all the actions described in lead statement for the occupation identified in my application Under NOC 6311. and also they aren't satisfied that i have not submitted sufficient evidence to demonstrate that i have performed a substantial number of main duties as set out in the occupational description of NOC-6311.

But, i have submitted all my paystubs, T4, job letter, recommendation letter. What else were they expecting from me ?

What can i do now ?

MOreover, i just have work permit till July 16, 2016.

Please help me
Thank you.

 

[MORGESDREAMS]

hi

sorry to hear that,i am of same NOC ,have you clearly mention all job duties as per cic website related to your NOC?.As you are in canada i am
shocked about your refusal..You should repeal with calm clarification..

GOOD LUCK..

 

[djshshajtm]

Now that your PR is rejected and cancelled,
your task is securing your PNP that is about to expire.

Since your PNP is attached to your EE profile, you have to transfer your PNP to a new EE profile, which
takes about 2 weeks to 3 months. (by then your PNP probably is expired.)

I'd contact your PNP right away and see if they can extend AND transfer the PNP to a new EE profile.
Otherwise, prepare to re-apply to PNP.

 

[bananamilk]

sorry to hear that.. did you have a lawyer helping you with your application? Maybe you should ask a lawyer?
I can't believe they refuse after Provincial Nomination...
best of luck!

 

[Fateh89]

yes, i have immigration lawyer helping me. And in my job letter, it clearly tells my job responsibilities acc. to canadian experience class. I don't know....moreover they said that i don't have 12 months continuous prior experience and they also mentioned in refusal letter that i worked as shift supervisor from June 2014 till Dec.2015. Then, feb 2016 till date. It clearly shows more than one and half year experience. I don't know whats wrong with them. But, for me, its scary moment of life

 

[johnny123]

I'm very sorry to hear that. In order to better understand what could have gone wrong, it would be great if you could c/p your reference letter here.

 

[Fateh89]

Hi Johnny..
here it is, body paragraph;


Job Duties


• Supervise, co-ordinate and schedule the activities of staff who prepare, portion and serve food.
• Estimate ingredients and other supplies required for meal preparation.
• Establish methods to meet work schedules.
• Maintain records of sales, repairs, sales and wastage.
• Resolve problems that arise, such as customer complaints and supply shortages.
• Train staff in job duties, sanitation and safety procedures.
• Ensure food and service meet quality control standards.
• Perform other work duties as per required by the management.


This position reports to ......... This position is subject to altered hours of work
arrangement as per your convenience and availability.
Under the terms and conditions of this job offer you are eligible for the following benefits:

Wages: Hours: Overtime: Benefits:

$12.70/hr
40hrs/wk
1.5 times per hour exceeding 40hr/wk
4% of Gross Salary

Performance reviews will be conducted annually. All the above includes detail of employment package being offered to you by our company. Please ensure that you have read and fully understood the same. We look forward to welcoming you to our team. If the terms of this offer of employment are acceptable to you, please sign both copies of this letter and return to me.

 

[omstar]

After a review of your letter of work experience (as you submitted above) and the NOC 6311 NOC primary work duties; I would infer that the reason for refusal is because the duties on your letter of experience are literally copy and pasted word-for-word from the NOC 6311 main duties. This likely made the officer believe that the letter is potentially non-genuine.

Keep in mind not all jobs are the same, regardless if they are in the same NOC category. The copy-and-paste is a huge no no when submitting important documents such as these.

My only recommendation would be that you have the letter re-written, scanned and e-mailed as soon as possible.

I wish you the best regards with this endeavour.

 

[No Man Left Behind]

Sorry about your rejection Fateh. As Omstar has said, your employer used almost the exact same NOC wording when describing your duties. However, from the context, it is obvious that the document you provided was an offer letter (dated before June 2014?) so could not have been writen for the purpose of immigration. Your employer probably used NOC description because he was aware of its existence, and since the job was based in Canada, he probably found it easier to c/p the text than to come up with his own description. So once again, the letter obviously was NOT written purposefully for the immigration.

This is the area you should focus on when trying to appeal officer's decision. Have your employer write an explanation letter that the duties he used in offer letter were in fact copied from the NOC not for the purpose of immigration, but because of the reasons mentioned above, and that they still give a true description of what you actually performed. If the officer is reasonable he should accept the explanation and this whole story should have a happy ending.

Wish you best of luck.

 

[lannguyen]

Sorry about your rejection. I hope you will be able to appeal your case. Wish you all the best!

Could you please share your timeline. During the application time, did IRCC request any additional documents from you? Or this is just straight rejection with no updates on your profile?

 

[Pippin]

As I read the letter it sounded like a job offer letter before you started to work rather than an experience letter. This may not make any difference, but the reference is supposed to reflect all YOUR duties. Another point, is salary high enough for the location and NOC? I wish you all the best. Good luck.

 

[jes_ON]

Performance reviews will be conducted annually. All the above includes detail of employment package being offered to you by our company. Please ensure that you have read and fully understood the same. We look forward to welcoming you to our team. If the terms of this offer of employment are acceptable to you, please sign both copies of this letter and return to me.

This part sounds like it is a job offer letter, not a letter of employment/reference letter. The difference is, the job offer letter is written BEFORE you do the job. The letter of employment is written AFTER you have gained the experience, as "testimony" about your skilled work experience. If you provided the job offer letter, dated BEFORE you completed one year of experience, then you have not provided sufficient proof of actual work experience.

As others have pointed out, the identical duties and responsibilities are a problem, too.

 

[Hansdza]

Sorry to hear your rejection,

Your lawyer is definitely terrible. He/she should have caught this issue before you submitted your documents. That letter is not a reference letter. It is a job offer. It was not written properly and exactly copy and paste wording from HRSDC as others have said. It only takes a minute for me (and probably for other member in this forum as well) to spot flaws in that letter. Not a rocket science. But for professional lawyer, I would say that silly mistake is unacceptable. IF they are real pro.

The other thing you need to clarify is your working shift. I would assume it is not a permanent and full time work. Your paystub might have shown that you didn't work enough hours to satisfy the 12 months continuous Canadian experience. This is probably the strongest cause for your rejection. Points decreased ---> you shouldn't have got invited ---> rejection

 

[evanstp9]

Two things are clear:

1. This is not a reference letter, it's obvious that it is your job offer letter, before you started working.
Under the terms and conditions of this job offer you are eligible for the following benefits:
We look forward to welcoming you to our team. If the terms of this offer of employment are acceptable to you, please sign both copies of this letter and return to me.

2. The duties are identical with the NOC description, something that leads 110% to rejection.
NOC descriptions are generic, a guide for the specific duties that each company might have, even for the same position.

From the above, I don't see why you are surprised with the rejection and most important, why are you having a lawyer and wasting your money?
He/She should know better...

 

[thejkhan]

1 - Sadly there is nothing you can do. If you applied again with a modified list of duties, you may be in trouble for misrepresentation.

2 - Your PNP nomination is now useless as well if you were nominated based on this experience.