Procedural Fairness for misrepresent

[emilee]

Hello, all

Below is my timeline for EE-FSW (Outland)

received AOR Nov 2016
medical passed Nov 2016
BG N/A May 2017

And yesterday,
I got a letter from IRCC that the job duty of my employment certificate is not sufficient for the NOC job duty.
So I received the Procedural Fairness letter for misrepresent.

Actually, my job duty is exactly same the NOC job duty.

However, the description about job duty in my employment certificate might be not enough.
Because in my employment certificate is written only one main duty for the job.

I've never expected that would be a problem.
I got Job offer from the Canadian employer and positive LMIA.
I thought that was enough to prove my eligibility for the employment.

Now, I really don't know what I should do.

Do I have to contact with the immigration lawyer?

Do you think that my PR gonna be refused because of this?

I've never ever expected this thing gonna happen.

So shocked, so desperate....T.T

Pls, give me any advice!!

 

[bootsal]

Hello, all

Below is my timeline for EE-FSW (Outland)

received AOR Nov 2016
medical passed Nov 2016
BG N/A May 2017

And yesterday,
I got a letter from IRCC that the job duty of my employment certificate is not sufficient for the NOC job duty.
So I received the Procedural Fairness letter for misrepresent.

Actually, my job duty is exactly same the NOC job duty.

However, the description about job duty in my employment certificate might be not enough.
Because in my employment certificate is written only one main duty for the job.

I've never expected that would be a problem.
I got Job offer from the Canadian employer and positive LMIA.
I thought that was enough to prove my eligibility for the employment.

Now, I really don't know what I should do.

Do I have to contact with the immigration lawyer?

Do you think that my PR gonna be refused because of this?

I've never ever expected this thing gonna happen.

So shocked, so desperate....T.T

Pls, give me any advice!!

You definitely need to contact a lawyer to reply to this pfl given that this could be your last chance to prove your point.
A carefully written reply to cover your claim needs to be done.

Can you if possible put in the exact reason/ statement from CIC.

You mentioned the employer certificate mentioned only one part of your job duty, was there any other document provided listing all the duties you would perform.
Also it would be necessary to understand if CIC has performed a thorough background check and possibly had a reason to fwd you with pfl.

You need to take expert advice.

 

[emilee]

Thank you for your advice.

The thing that makes me really confused is "how to prove the things that I am doing in my work."
For example, documents... I can submit the proof for employing like paystub, tax return and so on.
But I don't know which documents can prove my job duties.
Actually I don't know which documents I have to submit to IRCC.
I don't know if the reference from my boss can be useful to explain this.
I don't know anything and so terrified that my PR is gonna refused and even I cannot apply for PR for next 5 years.
That's why I am so panic.
I think I have to consult with a lawyer.

Again, thank you and thank you very much!!

 

[DEEPCUR]

I don't think they issue procedural fairness letter for insufficient job duties. They just reject in those cases. Here the issue is something else. Can you post the full letter that you got from cic? That could help people in understand your problem better and advise on next steps.

 

[emilee]

If I don't misunderstand the letter, I think they issue procedural fairness letter for insufficient job duties.T.T
I'm gonna freak out. I've never ever expected this kind of problem will happen.
Do I misunderstand the letter?T.T
Below is the letter.


Specifically, I am not satisfied that you performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification; and during that period of employment you performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties.
By way of this letter you are being provided with an opportunity to address my concerns and provide me with additional documents to support your work experience.
Please provide the requested information within 30 days from the date of this letter. If you do not respond to this request within the time outlined above, your application will be assessed based on the documents and information available on file at that time which may lead to a refusal of your application.
Sincerely,
Visa Officer Permanent Resident Unit

 

[DEEPCUR]

It says nothing about procedural fairness specifically. How are you concluding that it's a procedural fairness letter and not general refusal letter? Is it title procedural fairness somewhere?

 

[emilee]

Yes, the letter's title is "procedural fairness letter".
Before I got the letter, I've never heard about the term of "procedural fairness letter".
I googled and got to know what procedural fairness letter is....T.T
And do you think they issue this letter because of the job duty?

 

[DEEPCUR]

I think you should not worry and start gathering as many documents to prove your case. They are just concerned about the reference letter duties being not exhaustive, and don't suspect any fraud or misrepresentation from your end.

While awarding points for employment officers generally need to confirm if job duties align with noc claimed. They do that only through reference letter that one provides. So if that's not detailed enough or not align with noc, they come back to applicant asking for more info. It's like giving a fair chance before rejection. I think procedural fairness is general title of such letters asking for explanation. They send letters with same title even for medical rejections where applicant has no scope to misrepresent. If they had suspected misrepresentation or fraud, they'd have definitely mentioned that in your letter. Only for those cases, ban is applicable.

You can get a detailed letter for your job duties from your supervisor or HR and send it along with other employment documents. But definitely have an attorney respond this. This doesn't look like anything complicated or fraudulent, and with correct set of documents + attorney's help, you can easily knock this out.

 

[emilee]

Oh my gosh.
You are so nice!
Thank you, thank you so much for your advice!
I'm still worried but I feel much better!

Tomorrow I will try to contact the lawyer and discuss this with my boss.
And I will do everything that I can.
Honestly, I was so worried and confused.
Coz, I've never deceived and I'm very for sure everything is done properly.
But I feel like they say this is not eligible.

Thank you, thank you, and thank you again.^^

 

[sandra02]

Is this job your foreign job experience or your future job in Canada based LMIA?
If it is the LMIA based one, you have to have a proper job offer from your employer which was signed by you and by your employer with deteiled job duties. And some advertisement records also can show your job duties which was part of the LMIA process.
+ a more detailed job offer should help.
I think because you already awarded LMIA, they just need more info.
It looks pretty scary situation but I am not sure it really is.
You can post your issue in the "reason of rejection" topic, there are many experts who could help you. Like @farazafal.

 

[emilee]

Yes, my current job is exactly based on LMIA and the job offer and employment contract from my Canadian employer.
I've already submitted the job offer and employment contract from my Canadian employer.
And the job duties from job offer and employment contract exactly match with NOC from LMIA.
I think they say my current job duty from employment certificate is not sufficient based on the NOC.
And now I got to know that I had to submit my employment certificate in which my job duty is more specifically written.
I will contact the lawyer and I just hope this will be done well.
The reason I'm so much worried is that they say if my PR is gonna refused and then I cannot apply for PR for next 5 years.
So I'm very concerned and worried and even terrified.T.T

Thank you very much for your advice!

 

[TicTocCroc]

Gather more info as soon as you can.

Could you perhaps send a copy of your contract outlining your duties?

Maybe your employer could write a letter giving examples of when you performed each of the duties stated in the NOC?

 

[emilee]

Yes, I will gather all the info and documents that I can get.
and I will discuss this with my boss.
After i will consult the lawyer and then probably my boss will write a reference letter like an explanation letter.
and when my boss write the reference letter, with him I will check the job duties in the job offer and employment contract and NOC again.
Actually, I know all the job duties in the documents above.
But I thought because all the duties are written in them,
my current employment certificate describes my job duties very simple, though, I thought that could be not a problem.T.T
I was so silly. T.T
I hope they are generous to my silliness.
When I received the letter from IRCC, I almost freaked out.
But now I feel much relieved and I will do whatever I can.

Thank you very much for your advice!

 

[ladybug8888]

Yes, my current job is exactly based on LMIA and the job offer and employment contract from my Canadian employer.
I've already submitted the job offer and employment contract from my Canadian employer.
And the job duties from job offer and employment contract exactly match with NOC from LMIA.
I think they say my current job duty from employment certificate is not sufficient based on the NOC.

I think there are some things mixed Her
e. If you used as a work experience your current work based on Lmia and you got for it job offer why are you saying that you think they have problem with employment certificate? If you work for this company still than how come you have already employment certificate, which is normally created after termination of work? Or you just call employment contract as a certificate?

I don't understand how they can have problems with matching job duties to a NOC number,when this has been already determined during LMIA process... That's weird..

 

[emilee]

Now I am working outside Canada.
I got a job offer from Canadian employer based on positive LMIA, which is exactly the same as my current work.
So I submitted job offer and employment contract from Canadian employer when I applied for EE PR.
And I also submitted my current employment certificate.

The problem they say is the described job duty in my current employment certificate is not sufficient for job duties from the NOC.
I thought it will be okay, coz I already submitted job offer and employment contract from Canadian employer, which is exactly the same as my current work.
So I don't think it will be a problem that the job duty in my current employment certificate is described very simple, not like job offer and employment contract from Canadian employer.
That's why they say the described job duty in my current employment certificate is not sufficient for job duties from the NOC.
NOC number is right.

When I received the letter first, I was really confused.
Because I've never thought that the described job duty in my current employment certificate will be a problem.
And even they say if my PR is gonna refused and then I cannot apply for PR for next 5 years. T.T
I think I was so silly.T.T
So now I have to prove to them.
The described job duty in my current employment certificate is not described all my job duties.
And I have to gather the information for this.