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PR refused due to NOC issue

alica90

Member
Mar 1, 2019
16
2
Hey Guys,

I've receiced the refusal letter for my PR yesterday. I am a bit stressed now, since my current YP Visa is running out in October and I am not sure if I can reaply or what other possibilities I have right now.

I applied under CEC Inland and with the NOC 2172. I worked in my current company since January 2018, so far over a year. I started this job with an Work and Travel Visa and got a Young Professional Visa issued by my employer in October. The issue is that my employer used a different NOC code (1123) for the YP and than what I used for my PR now. The code that I used is the correct one and I didn't know that they used another one for the YP Visa application, since my company and a lawyer did the application.

This is what it says in my refusal letter:

"I am not satisfied that you meet the skilled work experience requirement(s) because I am not satisfied that you have performed the actions described in the lead statement for the occupation(s) as set out in the occupational description of the NOC [R87.1(2)(b)]. As well, I am not satisfied that you have performed a substantial number of the main duties, including all the essential duties, of the occupation(s) as set out in the occupational description of the NOC [R87.1(2)(c)].

Specifically, you have submitted an employment letter that indicates you have been performing the same duties from 2018/01 to present. You are the holder of an employer specific work permit that was issued 2018/10/03 and has been issued under NOC 1123."

I would really appreciate if someone could help me out and let me know if there is anything I can do in this situation. Because even if I would reapply this issue would be the same, althoug I worked in the same job for the whole time.

Thank you very much!!
 

21Goose

VIP Member
Nov 10, 2016
5,246
1,616
AOR Received.
Feb 2017
Reapply under NOC 1123. How many points do you have? You should get an ITA if you're above 460
 
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alica90

Member
Mar 1, 2019
16
2
Ok. But then my duties are goingto look very different, don't they see that and get that this is not correct? I don't want to get rejected for misreprenstation.
 

alica90

Member
Mar 1, 2019
16
2
I had 488 points with a valid job offer. But I also would like to change my job as as soon as possible. Does the job offer has to be from my current employer?
 

21Goose

VIP Member
Nov 10, 2016
5,246
1,616
AOR Received.
Feb 2017
Ok. But then my duties are goingto look very different, don't they see that and get that this is not correct? I don't want to get rejected for misreprenstation.
They are not agreeing that your duties matched 2172. They specifically say that you haven't performed the main duties of 2172.

2172 and 1123 are extremely different NOCs. What does your employment letter say?
 

alica90

Member
Mar 1, 2019
16
2
- Operate information sytems to analyze data
- Review social media content based on social media client requirement
- conduct research and provide insight to identify trends for the social media clients,
provide input to information sytsems professionals regardingthe collection, validity and suitability of data
- Understand policies and implement them on a variety of workflows, research and document requirements, data collection and policy
- Develop and implement policies, standrads of use. Help improve policies for the social media clients
- Work closely with internal teams as well as external clients to balance the day-to day service support of customers
- Identifying innovative ways to solve problems upstream and scale operations

Sorry for the spelling mistakes, I had to type it quick, copying didn't work with this document.
 

scylla

VIP Member
Jun 8, 2010
95,876
22,131
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
My co-worker applied with the same duties and got his PR. Thanks a lot for your help!
Is your co-worker under an YP visa and does his YP visa list the same NOC as yours?
 

sao_18

Star Member
May 5, 2019
151
21
Visa Office......
Ottawa
AOR Received.
04-07-2019
Med's Done....
31-07-2019
Passport Req..
02-12-2019
VISA ISSUED...
12-12-2019
Hey Guys,

I've receiced the refusal letter for my PR yesterday. I am a bit stressed now, since my current YP Visa is running out in October and I am not sure if I can reaply or what other possibilities I have right now.

I applied under CEC Inland and with the NOC 2172. I worked in my current company since January 2018, so far over a year. I started this job with an Work and Travel Visa and got a Young Professional Visa issued by my employer in October. The issue is that my employer used a different NOC code (1123) for the YP and than what I used for my PR now. The code that I used is the correct one and I didn't know that they used another one for the YP Visa application, since my company and a lawyer did the application.

This is what it says in my refusal letter:

"I am not satisfied that you meet the skilled work experience requirement(s) because I am not satisfied that you have performed the actions described in the lead statement for the occupation(s) as set out in the occupational description of the NOC [R87.1(2)(b)]. As well, I am not satisfied that you have performed a substantial number of the main duties, including all the essential duties, of the occupation(s) as set out in the occupational description of the NOC [R87.1(2)(c)].

Specifically, you have submitted an employment letter that indicates you have been performing the same duties from 2018/01 to present. You are the holder of an employer specific work permit that was issued 2018/10/03 and has been issued under NOC 1123."

I would really appreciate if someone could help me out and let me know if there is anything I can do in this situation. Because even if I would reapply this issue would be the same, althoug I worked in the same job for the whole time.

Thank you very much!!

I feel bad for you ...And i can understand the pain ...Cuz we have gone through the same situation and same NOC ...How ever we re - applied ...so dont be disheartened when you have all other things to achieve the CRS ..Hopefully you can apply again ...For time being it might appear as a big hurdle ..but something better lies in this ..believe this and apply again ... and next time when you apply include in LOE the detail sof rejection as it was mistake or lack of proper details that you ended up in selecting an in approriate NOC ....by god's will ..it has to work.... CHeer up mate....
 

alica90

Member
Mar 1, 2019
16
2
I feel bad for you ...And i can understand the pain ...Cuz we have gone through the same situation and same NOC ...How ever we re - applied ...so dont be disheartened when you have all other things to achieve the CRS ..Hopefully you can apply again ...For time being it might appear as a big hurdle ..but something better lies in this ..believe this and apply again ... and next time when you apply include in LOE the detail sof rejection as it was mistake or lack of proper details that you ended up in selecting an in approriate NOC ....by god's will ..it has to work.... CHeer up mate....
Thank you very much for your kind words! I guess that is what I have to do!
 
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21Goose

VIP Member
Nov 10, 2016
5,246
1,616
AOR Received.
Feb 2017
- Operate information sytems to analyze data
- Review social media content based on social media client requirement
- conduct research and provide insight to identify trends for the social media clients,
provide input to information sytsems professionals regardingthe collection, validity and suitability of data
- Understand policies and implement them on a variety of workflows, research and document requirements, data collection and policy
- Develop and implement policies, standrads of use. Help improve policies for the social media clients
- Work closely with internal teams as well as external clients to balance the day-to day service support of customers
- Identifying innovative ways to solve problems upstream and scale operations

Sorry for the spelling mistakes, I had to type it quick, copying didn't work with this document.
That's most definitely not a Database Analyst. This is a marketing job. You should reapply under 1123
 

alica90

Member
Mar 1, 2019
16
2
Does anyone know, if the future job offer has to be from my current employer or could it be a new employment? And if yes, would they need to issue an LMIA for the offer? I have a new job offer and was just waiting to get my PR in order to start. I am not sure if they want to wait another 6 months :/
 

21Goose

VIP Member
Nov 10, 2016
5,246
1,616
AOR Received.
Feb 2017
Does anyone know, if the future job offer has to be from my current employer or could it be a new employment? And if yes, would they need to issue an LMIA for the offer? I have a new job offer and was just waiting to get my PR in order to start. I am not sure if they want to wait another 6 months :/
A new job will require an LMIA.

Your current job is LMIA-exempt, so a job offer from the current employer will work.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment/lmia-exempt.html