PR rejected -No employer letter, BOWP granted for 2 years.

[PR_aspirent]

Well, I think mine will be an interesting case. I am posting it here because i believe some of our fellow PR aspirants may face the same problem.

I applied for PR in 2013 April 4th week. Received AOR in June 1st week 2013.

Received for RCMP clearance certificate in Aug last week, 2013. I completed it within a week.

My work-permit was valid till on end of Jan -2014. So applied to BOWP in October-2013.

Received OWP from Nov 2013- Nov 2015, for 2 years!!!.

Till that, everything went well.

Today i got an email, have posted the extract. If you have come across something like this, share your knowledge on what could be my next possible steps. I will keep you posted as i gather more information.

Reason: Not sufficient document enough to support work type and duration. Cannot obtain letter from employer.

Question I have:

1. Can I send the letter form employer now and will CIC revoke the application.

2. Do I have to re-apply for the PR or can I re apply for Pr under CEC? If so, do I have to take IELTS again or can i give reference of RCMP, IELTS already done?

3. Has anyone experience this problem before and reapplied?

*************************************************************************
Date: January 16, 2014





UCI: XXXXXXXXXXXX

Application: XXXXXXXXXXX


XXXX

Email: XXXX



Dear XXXXXX:



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 period of work experience in Canada and any period of full time study or training,
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(s) which you identified as part of your skilled work experience in Canada: NOC 2283 and NOC 2147

I am not satisfied that you meet the skilled work experience requirement because you did not provided a letter from your employer indicating the specific period of employment with XXXXXX, the position you held , the main duties and responsibility while employed by XXXXX. I am not satisfied that you acquired in Canada, within the three years before the date on which your application for permanent residence was made, at least one year of full-time work experience, or the equivalent in part-time work experience, in one or more occupations that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix.



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 shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. Subsection 2(1) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.

Following an examination of your application, I am not satisfied that you meet the requirements of the Act and Regulations for the reasons explained above. I am therefore refusing your application.



Thank you for the interest you have shown in Canada.



Yours sincerely,



Case Officer XXX

Citizenship and Immigration Canada

**************************************************************

 

[iamroth]

Question I have:

1. Can I send the letter form employer now and will CIC revoke the application.

2. Do I have to re-apply for the PR or can I re apply for Pr under CEC? If so, do I have to take IELTS again or can i give reference of RCMP, IELTS already done?

3. Has anyone experience this problem before and reapplied?

Sorry that your application was turned down. I call the Employer reference letter "heart & soul" of CEC program. So if there is a problem with the letter, the application is probably going get refused.

To answer your questions:
1. You would have to re-apply, with fresh set of documents. Once they made a decision, they close the file. They can ask for new documents, if they thought was not needed, but not when the process is completed.

2. You can apply for CEC again, or any other program for that matter. IELTS is valid for 2 years from the date it was issued. I am not sure about RCMP clearance. But RCMP is not a requirement, so you don't have to do it now.

3. Yes. Hundreds maybe thousands, have gotten rejection based on "a weak" reference letter. People just get a better reference letter from their employer, and it works out smoothly.

Good luck.

 

[gladaki]

Well, I think mine will be an interesting case. I am posting it here because i believe some of our fellow PR aspirants may face the same problem.

I applied for PR in 2013 April 4th week. Received AOR in June 1st week 2013.

Received for RCMP clearance certificate in Aug last week, 2013. I completed it within a week.

My work-permit was valid till on end of Jan -2014. So applied to BOWP in October-2013.

Received OWP from Nov 2013- Nov 2015, for 2 years!!!.

Till that, everything went well.

Today i got an email, have posted the extract. If you have come across something like this, share your knowledge on what could be my next possible steps. I will keep you posted as i gather more information.

Reason: Not sufficient document enough to support work type and duration. Cannot obtain letter from employer.

Question I have:

1. Can I send the letter form employer now and will CIC revoke the application.

2. Do I have to re-apply for the PR or can I re apply for Pr under CEC? If so, do I have to take IELTS again or can i give reference of RCMP, IELTS already done?

3. Has anyone experience this problem before and reapplied?

*************************************************************************
Date: January 16, 2014





UCI: XXXXXXXXXXXX

Application: XXXXXXXXXXX


XXXX

Email: XXXX



Dear XXXXXX:



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 period of work experience in Canada and any period of full time study or training,
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(s) which you identified as part of your skilled work experience in Canada: NOC 2283 and NOC 2147

I am not satisfied that you meet the skilled work experience requirement because you did not provided a letter from your employer indicating the specific period of employment with XXXXXX, the position you held , the main duties and responsibility while employed by XXXXX. I am not satisfied that you acquired in Canada, within the three years before the date on which your application for permanent residence was made, at least one year of full-time work experience, or the equivalent in part-time work experience, in one or more occupations that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix.



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 shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. Subsection 2(1) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.

Following an examination of your application, I am not satisfied that you meet the requirements of the Act and Regulations for the reasons explained above. I am therefore refusing your application.



Thank you for the interest you have shown in Canada.



Yours sincerely,



Case Officer XXX

Citizenship and Immigration Canada

**************************************************************

JUst apply again with new reference letter. Under new rule if they find some thing missing or not matching they will contact the applicant before rejection. I have a question for you though. How you get two year OWP ? I always thought that they only give for one year

 

[PR_aspirent]

i don't know why they gave OWP for 2 years. Now I get some time to breath before i reapply.

What I don't know is this time whether do I have to re do IELTS, PCC? (i don't have any original copies of them)

if not, what reference do i have to provide them when i reapply, only reference i can provide is my current PR application number?

More over, i cannot ask my employer to provide me experience letter. this will put my job in risk. I had explained this in a letter while i filed my PR.

 

[iamroth]

You have to get new PCC from your home country (and if you lived in other countries for straight 6 months). Don't have to include any RCMP from Canada. You do RCMP only when CIC asks you for it.

When you re-apply, you won't have to provide any reference to current application, because you will enter a number called UCI in your application. This number will pull all your past application, if your case officer wants to see.

But without a reference letter you will be in risk, again!

This is I what I wrote, to another person, who is having some doubts about reference letter:

- You could include emails that includes the conversations, that they won't issue a letter with responsibilities.
- Ask your employer to provide an official letter, stating it is against there policy to issue duties-letter.
- Then another option is to provide testimonials from clients, or any other documents which would show your duties in that company.

 

[wessless]

Hi

I am also in the same boat and my application got rejected initially because of no roles and responsibilties in my reference later. But I followed up with a print out of the email from my manager that they can't issue such a reference letter along with the initial offer letter and my visa application package - and to my surprise the rejected application was re-opened and is currently under process.

Taken from the September 2013 thread, posted by user leothelion123
Maybe you can message that user and get some more details.

 

[gladaki]

i don't know why they gave OWP for 2 years. Now I get some time to breath before i reapply.

What I don't know is this time whether do I have to re do IELTS, PCC? (i don't have any original copies of them)

if not, what reference do i have to provide them when i reapply, only reference i can provide is my current PR application number?

More over, i cannot ask my employer to provide me experience letter. this will put my job in risk. I had explained this in a letter while i filed my PR.

I can share my exp with u..My application was rejected due to 10 day less experience..
If your IELTS Is not expired (which means that its not been 2 year of IELTS EXAM from time u get ur next AOR) you can ask copy of test report for 20$ from test center
PCC (yes it has to be new one )...
Check the checklist for CEC...In new check list they have put down the points related to reference letter .....(u can submit copy of Contract, experience letter, pay slips t4 and NOA )..
New rules were implemented from 9th nov so still have to see if they are asking people if they have any doubts

 

[grishan1]

If you need, I can give a contact of my lawyer who has experience with this type of situations (send mail to poblizosti at mail dot ru)
As far as I know, you have one month after rejection to appeal. But I am not sure, if it makes sence

 

[Konan1982]

You got 2 years OWP just think twice next time your future steps..

 

[maza]

Hey man
do not give up on your application and act fast.. send them an e mail with an explanation as soon as possible saying why your company refused to give you a letter and add a reference letter updated with full duties and hoirs worked.

I have seen this working before.

Also if you know your ielts exam result, take the exam number and go to ielts site and pay 21 dollars and have them sending a letter to your boss. I did that before and it worked, you cant have it sent to yourself directly but u can send it to ur boss and then take it. I did that last year and once it reachea ur boss , u can take it ;D

All luck

 

[maza]

Ofcourse in the meantime prepare for a new application and get it sent soon before your ielts exam becomes older than two years .
Do not waste time as years pass quickly and even if u have 22 months left on your workpermit.. time flies..

Good luck

Maza

 

[PR_aspirent]

thanks friends. There are some more changes that has happened. I will get you more details once i am ready.

 

[PR_aspirent]

Well, I have a question now. As my PR application is rejected now, is my OWP (BOWP- i have it till NOV 2015) is still valid?

 

[eds1275]

Yes. BOWP is valid until the expiry date printed on it. The BOWP was granted on the basis of your AOR and at the time of BOWP approval all conditions were met (you were in Canada, you had AOR, your current work permit was due to expire in the next 4 months, you had made application for BOWP).

Well, I have a question now. As my PR application is rejected now, is my OWP (BOWP- i have it till NOV 2015) is still valid?

 

[PR_aspirent]

Thanks you EDS1275.