PR Refused

[mikelogk]

please help,

I applied for Permanent Residency under the Canadian Experience Class (Express Entry) and got refused. The immigration officer said that I didn’t perform the main duties of my NOC (NOC 63200 - Cook):
" I am not satisfied on a balance of probabilities that you have performed the lead statement and main duties of your declared NOC for the period of employment "

Here’s what I submitted with my application:

• Two detailed reference letters from coworkers, signed and one of them notarized.
• Proof that my coworker who wrote the letter still works at the restaurant (ID, salary slips, T4).
• My last 4 pay stubs, T4 , and Notice of Assessment to show my employment.
• A letter explaining that my boss refused to issue a reference letter, which is why I provided my coworkers’ letters instead.

The letters from my coworkers describe all the main duties for a cook. They also include the contact information and phone numbers of my coworkers.

I know that many people have received their PR with just their coworkers' letters, so I’m wondering if this refusal is a mistake since I have 2 letters describing my duties ( the duties are not copy paste from ircc, they actually explain my daily routine and tasks....) Should I request reconsideration because my letters clearly list all the duties, hours and period of employment required?

Also, what does it mean when the officer says "on a balance of probabilities"? Does it mean they don’t have a solid reason to refuse me but feel like it?



Thanks for your help!

 

[CNP]

The requirements for letter to prove work experience are mentioned here - https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/applications-received-on-after-january-1-2016-completeness-check.html

Anything not adhering to this is at IRCC's discretion. Unfortunately - "I know that many people have received their PR with just their coworkers' letters" , doesnt mean it is correct and it will work for everyone

 

[tee2406]

please help,

I applied for Permanent Residency under the Canadian Experience Class (Express Entry) and got refused. The immigration officer said that I didn’t perform the main duties of my NOC (NOC 63200 - Cook):
" I am not satisfied on a balance of probabilities that you have performed the lead statement and main duties of your declared NOC for the period of employment "

Here’s what I submitted with my application:

• Two detailed reference letters from coworkers, signed and one of them notarized.
• Proof that my coworker who wrote the letter still works at the restaurant (ID, salary slips, T4).
• My last 4 pay stubs, T4 , and Notice of Assessment to show my employment.
• A letter explaining that my boss refused to issue a reference letter, which is why I provided my coworkers’ letters instead.

The letters from my coworkers describe all the main duties for a cook. They also include the contact information and phone numbers of my coworkers.

I know that many people have received their PR with just their coworkers' letters, so I’m wondering if this refusal is a mistake since I have 2 letters describing my duties ( the duties are not copy paste from ircc, they actually explain my daily routine and tasks....) Should I request reconsideration because my letters clearly list all the duties, hours and period of employment required?

Also, what does it mean when the officer says "on a balance of probabilities"? Does it mean they don’t have a solid reason to refuse me but feel like it?



Thanks for your help!

so I found this:
the civil standard of proof is proof on a balance of probabilities. The criminal standard is proof beyond a reasonable doubt. This article deals with civil standards of proof. Saying something is proven on a balance of probabilities means that it is more likely than not to have occurred. It means that it is probable, i.e., the probability that some event happens is more than 50%. So mathematically proof on a balance of probabilities is 50.1% likelihood of something having occurred.
A lawyer I once knew explained it this way. You see the scales of justice. They are evenly balanced. Both sides are the same height. But if one side has the weight of a feather added to it, causing it to go down and the other side to go up. Now that side with the weight of a feather has won. Proof greater than that is not required. Simply a balancing of both sides seeing which side has the stronger proof.
full article: https://www.disabilitylaw.ca/about/proof-on-balance-of-probabilities.

Veerasingam v. Canada (Citizenship and Immigration), 2012 FC 241 — Federal Court of Canada
. . .paras 29 that the term “balance of probabilities” was equivalent to “more likely than not”, but with two distinct steps involved as to the burden of proof and legal test. […] to be persuasive evidence of that risk “on a balance of probabilities” or to show that it was “more likely than not.” The Board uses this terminology throughout its decision. […] As demonstrated, the Board was mindful of its role in considering the evidence of “risk” to the Applicant on a balance of probabilities.

I think what it means is that your evidence is not enough since you could not provide a reference letter from your supervisor. How do communications with your supervisor go? did you communicate over email? Maybe you could have included that. Did your supervisor tell you why they would not provide a reference letter? did you include this in your letter to IRCC.

What CNP said. Its a case by case. It might really depend on the officer reviewing your file.

 

[CanGoldDigger]

Coworkers are not supposed to give you references.

Your managers, supervisors should do that.

 

[scylla]

please help,

I applied for Permanent Residency under the Canadian Experience Class (Express Entry) and got refused. The immigration officer said that I didn’t perform the main duties of my NOC (NOC 63200 - Cook):
" I am not satisfied on a balance of probabilities that you have performed the lead statement and main duties of your declared NOC for the period of employment "

Here’s what I submitted with my application:

• Two detailed reference letters from coworkers, signed and one of them notarized.
• Proof that my coworker who wrote the letter still works at the restaurant (ID, salary slips, T4).
• My last 4 pay stubs, T4 , and Notice of Assessment to show my employment.
• A letter explaining that my boss refused to issue a reference letter, which is why I provided my coworkers’ letters instead.

The letters from my coworkers describe all the main duties for a cook. They also include the contact information and phone numbers of my coworkers.

I know that many people have received their PR with just their coworkers' letters, so I’m wondering if this refusal is a mistake since I have 2 letters describing my duties ( the duties are not copy paste from ircc, they actually explain my daily routine and tasks....) Should I request reconsideration because my letters clearly list all the duties, hours and period of employment required?

Also, what does it mean when the officer says "on a balance of probabilities"? Does it mean they don’t have a solid reason to refuse me but feel like it?



Thanks for your help!

Balance of probabilities means you have not provided sufficient evidence in the officer's opinion to prove your work experience.

There is always a risk of refusal when the reference letters are from coworkers vs your employer.

Did your salary meet or exceed the median wage for that occupation in your city / province?

You can certainly try requesting reconsideration.