PR refused

[sharath9292]

Hi,
My PR application got refused, saying that officer did not satisfy my job duties. I have submitted the same employee reference letter with job duties and responsibities as my co-workers did. All my co-workers got PR approval and i dont know how officer refused my file.
I have raised an case specific inquiry.
can anyone suggest me how should i proceed further

Thanks

 

[jes_ON]

Hi,
My PR application got refused, saying that officer did not satisfy my job duties. I have submitted the same employee reference letter with job duties and responsibities as my co-workers did. All my co-workers got PR approval and i dont know how officer refused my file.
I have raised an case specific inquiry.
can anyone suggest me how should i proceed further

Sorry to hear that. If you're willing, could you post what the VO actually wrote in the letter? (You can mask any personal information). We can't really advise you until we know exactly what the problem was from the VO's perspective.

 

[sharath9292]

Sorry to hear that. If you're willing, could you post what the VO actually wrote in the letter? (You can mask any personal information). We can't really advise you until we know exactly what the problem was from the VO's perspective.

Thanks for the reply.
The following letter is what I received.
Thanks again for looking into it.

Dear,


I have now completed the assessment of your application for a permanent resident visa as a member of the Canadian Experience Class and have determined that you do not meet the requirements for immigration to Canada.

According to the Immigration and Refugee Protection Regulations, applicants in the Canadian Experience Class are assessed on the basis of the pass/fail requirements set out in subsection R87.1(2). The assessment of these criteria determines whether a worker with Canadian experience will be able to become economically established in Canada. The criteria are:


· temporary resident status during the qualifying period of work experience in Canada,

· meeting the minimum language proficiency threshold in either English or French, and

· qualifying Canadian skilled work experience.


Your application was assessed based on the occupation which you identified as part of your skilled work experience in Canada: 2017-08 to 2018-08 - Assistant Manager (NOC: 0621) - at XXXX Enterprises Limited.

I am not satisfied that you meet the skilled work experience requirement as I am not satisfied on a balance of probabilities that you have performed the actions described in the lead statement for the occupation as set out in the occupational description of the NOC 0621 [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 as set out in the occupational description of the NOC 0621 [R87.1(2)(c)].

Subsection 11(1) of the Act 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.

In addition, according to the Immigration and Refugee Protection Act:

11.2 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 Act 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.

You will receive a refund of the Right of Permanent Residence Fee that you have paid.

The decision communicated in this letter constitutes the definitive and final decision on your present application. Your application will be retained, under current Government of Canada file retention guidelines, for a period of two years. Your application forms and supporting documents will not be returned to you. If you should submit a new application it would require new fees and documentation and would need to meet all the requirements in effect at the time the application is submitted.


You must remove your Job Seeker profile from the Job Bank website as you are no longer an Express Entry candidate. You must also remove any references that you are a candidate for Express Entry from any private job board websites, if you used any.


If you still want to come to Canada as a skilled immigrant, you may take steps to improve your competitiveness and register for Express Entry at a later date. For example, you may try to improve your language score or gain a higher level of education. However, you must meet the minimum requirements to enter the Express Entry pool and there is no guarantee that you will be issued another invitation to apply for permanent residence under one of the immigration programs subject to Express Entry.


Thank you for the interest you have shown in Canada.

Yours sincerely, AC01946

Case Processing Centre – Ottawa | Centre de traitement des demandes – Ottawa

Immigration, Refugees and Citizenship Canada | Immigration, Réfugiés et Citoyenneté Canada

Case Specific Enquiries | Demande de renseignements propre à un cas

Site : www.cic.gc.ca

 

[zardoz]

Hi,
My PR application got refused, saying that officer did not satisfy my job duties. I have submitted the same employee reference letter with job duties and responsibities as my co-workers did. All my co-workers got PR approval and i dont know how officer refused my file.
I have raised an case specific inquiry.
can anyone suggest me how should i proceed further

Thanks

When you say, "I have submitted the same employee reference letter with job duties and responsibities as my co-workers did", does this mean that you actually performed identical work to your co-workers? Was this letter exactly the same? How many co-workers in your company doing exactly the same job have applied for PR?

Maybe the visa officer thinks that this is fraudulent but can't actually prove it.

 

[sharath9292]

When you say, "I have submitted the same employee reference letter with job duties and responsibities as my co-workers did", does this mean that you actually performed identical work to your co-workers? Was this letter exactly the same? How many co-workers in your company doing exactly the same job have applied for PR?

Maybe the visa officer thinks that this is fraudulent but can't actually prove it.

My employer has five gas stations, i work in one of the stations as assistant manager. My co-workers works in other stores and they perform the same duties. In reference letter duties are same but pay is different for other employees

 

[scylla]

My employer has five gas stations, i work in one of the stations as assistant manager. My co-workers works in other stores and they perform the same duties. In reference letter duties are same but pay is different for other employees

Were you paid more or less than others?

 

[jes_ON]

So this is the relevant part :

Your application was assessed based on the occupation which you identified as part of your skilled work experience in Canada: 2017-08 to 2018-08 - Assistant Manager (NOC: 0621) - at XXXX Enterprises Limited.

I am not satisfied that you meet the skilled work experience requirement as I am not satisfied on a balance of probabilities that you have performed the actions described in the lead statement for the occupation as set out in the occupational description of the NOC 0621 [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 as set out in the occupational description of the NOC 0621 [R87.1(2)(c)].

OK, so the problem is the wrong NOC.

We can't know why your co-workers were approved, perhaps they shouldn't have been. You can never rely on a VO making the same mistake to approve your application.
I'm guessing that your duties fit better with NOC 6211. NOC 0621 is at a different level in terms of authority and decision-making.

Can you post the job description that was in your letter of reference? The point would be to confirm the NOC and allow you to move forward with a new application.

 

[sharath9292]

Thanks for the reply.

I hope the NOC code is no mistake,as my position is assistant manager. As you are saying NOC 6211, it is related to supervisor and am assistant manager.
Here are the job duties and responsibilities:

Mr. XXXXX is employed on a full time basis at approximately 40 hours per week as an Assistant manager since August 2017 (NOC 0621). He is currently earning $16.00/hr. Apart from that he also receives vacation pay of 4% per every cheque.

Responsibilities:

• Attracts customers by originating new display ideas for sales to increase the profits.

• Assist manager in day to day operations, weekly and monthly compliances.

• Performs many duties like invoicing, electronic fund transfers and price surveys.

• Maintains inventory by checking merchandise to determine inventory levels; anticipating customer demand.

• Responsible for assisting store manager providing training to new staff.

• Support manager in meeting stores monthly targets and handle budgets.

• Manage customer complaints and enquires by assisting them as per company policies and procedures.

• Maintaining up to date knowledge on POS systems. - Conduct store inventories once every quarter.

• Effectively follow company’s guidelines and policies.

• Examine merchandise to verify whether that it was correctly priced and displayed.

 

[sharath9292]

Were you paid more or less than others?

I was paid less than one employee and more than another and equal to another. I was paid more than median wage.
Thanks for the reply

 

[jaggeo]

I was paid less than one employee and more than another and equal to another. I was paid more than median wage.
Thanks for the reply

i think you should consult a lawyer to contest your case.

 

[timato1318]

Hi,
My PR application got refused, Notepad++ saying that officer did not satisfy my job duties. Malwarebytes I have submitted the same employee reference letter with job duties and responsibities as my co-workers did. FileZilla All my co-workers got PR approval and i dont know how officer refused my file.
I have raised an case specific inquiry.
can anyone suggest me how should i proceed further

Thanks

Also did you provide you ex id photocopy ...
My RC was valid until August 17, the solicitor applied on February, I don't know what my solicitor means by too early.
I think it's because she sent the application before the divorce was finalised, which happened in April this year.
I strongly believe my solicitor is at fault, I trusted she knew what she was doing. I am meeting her on Wednesday to discuss.
I didn't have any ID from my ex wife, all I had was a copy of her driving licence which by chance I found on a old computer we shared.

 

[jes_ON]

Thanks for the reply.

I hope the NOC code is no mistake,as my position is assistant manager. As you are saying NOC 6211, it is related to supervisor and am assistant manager.
/QUOTE]

So, as you should know, it doesn't matter what your job title is, only what your duties and responsibilities are. The VO's job is to compare the duties in your employer's letter to the lead statement and duties described in the NOC. The retail manager NOC (0621) is a bit of an odd duck. It is written to be consistent with other O-level occupations, meaning with high-level decision-making authority. In the real world, there are a lot of retail managers by title who struggle to demonstrate that level of authority, because of corporate policies and control. You are not the first person to have trouble with this NOC because of this.

So... in fact I do think your duties are a better match with NOC 6211.
http://noc.esdc.gc.ca/English/noc/QuickSearch.aspx?ver=16&val65=6211

I think you can reapply under 6211. I would add more staff management duties and you'll be fine.

 

[sharath9292]

If i reaply with noc 6211, will the cic consider my file and do i have to change my position to supervisor or just keep it as assistant manager. Also do i have to amend any duties?

 

[jes_ON]

If i reaply with noc 6211, will the cic consider my file
??? Why not? Lots of people get refused the first (and second) time and successfully re-apply when they correct their applications.

and do i have to change my position to supervisor or just keep it as assistant manager. Also do i have to amend any duties?

No, you do not have to ask your employer to demote you to supervisor. Nor do you have to ask your employer to change your job title. Nor do you have to lie about your job title on your application. Your job title is what your employer says it is. PERIOD.

As for your duties - as already mentioned, if truthful, I would add more staff management duties and you'll be fine (any hiring, firing, training, scheduling, overseeing of store employees....)

 

[sharath9292]

Thank you so much, your reply gave me a boost. I will ask my employer to change the noc code and add duties which you mentioned in my employee reference letter.
I have another question, instead of reapplying, can I raise case specific inquiry and ask them to update my reference letter instead of the old one in polite way. Will that work ?

Thanks for the reply