Procedural Fairness for misrepresent

[ladybug8888]

So you claimed experience from your previous employer, which you have the employment certificate from.
And you claimed 50points for valid job offer.
If this is valid than it is really problem with the employment certificate as you said.
The think is that you cannot connect current canadian employer and the documents, which you have provided with the documents from your foreign employer. Those are separate thinks and that's why CIC have problem with the employment certificate. They accepted the documents for canadian employer, because duties are, as you said, exactly the same as in NOC number, so you are safe with 50 points for valid job offer.
But documents from foreign work experience needs to proove that you really worked under the specific NOC code as well. So if you are missing job duties (or they are not sufficient) in employment certificate than this is a valid reason for rejection unfortunately :|
I would suggest to ask your previous employer to rewrite or provide written confirmation that indeed you had more duties than stated in the employement certificate (he probably will need to add that this was made by a mistake otherwise CIC still might not trust). Or maybe you have some letters/e-mails/documents that have those other duties listed for this previous job (example your depute asked you to do some duties, which fall under the NOC number). Everything like that might help to support your application.

 

[arrayofhope]

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!!

All you need to do is submit a updated letter from you employer with detailed job duties, also include other details such as salary, hours per week etc. The Procedural fairness comes in because, you have only provided one main duty. This is almost always insufficient to convincingly prove the requirements of any NOC. Also the requirement is for skilled work, so put in about four or five of the most skilled aspects of your job responsibilities in the new letter(I think this basically comes down to the creative writing abilities of your employer).

It is unfair to other applicants, who have provided more convincing evidence of job duties that are aligned with their NOC, hence the " Procedural fairness issues ". From what I hear in this forum,they usually reject or refuse applications for this, it is great that they have given you an opportunity to prove otherwise. Find a good lawyer and have him draft out an updated certificate for your employer to sign off on and also write out a letter of explanation. Once this is done, your application should have no issues.

Best of Luck!!

 

[emilee]

So you claimed experience from your previous employer, which you have the employment certificate from.
And you claimed 50points for valid job offer.
If this is valid than it is really problem with the employment certificate as you said.
The think is that you cannot connect current canadian employer and the documents, which you have provided with the documents from your foreign employer. Those are separate thinks and that's why CIC have problem with the employment certificate. They accepted the documents for canadian employer, because duties are, as you said, exactly the same as in NOC number, so you are safe with 50 points for valid job offer.
But documents from foreign work experience needs to proove that you really worked under the specific NOC code as well. So if you are missing job duties (or they are not sufficient) in employment certificate than this is a valid reason for rejection unfortunately :|
I would suggest to ask your previous employer to rewrite or provide written confirmation that indeed you had more duties than stated in the employement certificate (he probably will need to add that this was made by a mistake otherwise CIC still might not trust). Or maybe you have some letters/e-mails/documents that have those other duties listed for this previous job (example your depute asked you to do some duties, which fall under the NOC number). Everything like that might help to support your application.

Thank you for your advice, but you are a bit misunderstading about my situation.
Now I'm working outside canada.
And IRCC say my current employment certificate is not sufficient.
Becase In my current employment certificate is written only one main duty of my job.
So IRCC say my job duty in current employment certificate is not sufficient, based on the job duties described in NOC.

I got a job offer letter from canadian employer based on positive LMIA.
And I got the points, and this is no problem.

As job duties in job offer letter from canadian employer are exactly same as my current work,
I thought my current employment certificate, which is written only one main duty of my job, is gonna no problem.
I don't even understand why I was so silly. T.T

I've already discussed this with my boss
and I'm gonna contact with lawyer.
Anyway thank you for being concerned.

 

[emilee]

All you need to do is submit a updated letter from you employer with detailed job duties, also include other details such as salary, hours per week etc. The Procedural fairness comes in because, you have only provided one main duty. This is almost always insufficient to convincingly prove the requirements of any NOC. Also the requirement is for skilled work, so put in about four or five of the most skilled aspects of your job responsibilities in the new letter(I think this basically comes down to the creative writing abilities of your employer).

It is unfair to other applicants, who have provided more convincing evidence of job duties that are aligned with their NOC, hence the " Procedural fairness issues ". From what I hear in this forum,they usually reject or refuse applications for this, it is great that they have given you an opportunity to prove otherwise. Find a good lawyer and have him draft out an updated certificate for your employer to sign off on and also write out a letter of explanation. Once this is done, your application should have no issues.

Best of Luck!!

Thank you so much for your advice!!
You make me so clearly know what I should do and what the point is in the Procedural fairness letter!
Oh my gosh, thank you!
I will keep your advice in mind!
And I will contact the lawyer.
Again, thank you thank you and thank you very much!!

 

[arrayofhope]

Thank you so much for your advice!!
You make me so clearly know what I should do and what the point is in the Procedural fairness letter!
Oh my gosh, thank you!
I will keep your advice in mind!
And I will contact the lawyer.
Again, thank you thank you and thank you very much!!

Have the lawyer look at all the documents that you have submitted to IRCC(travel history, POF, education). He/she will be able to tell you if anything else needs amendments. IRCC stops processing applications once they find something missing/unacceptable and informs you about it. They don't check any further to see if anything else is missing/unacceptable. Hopefully your lawyer can do a thorough review of you application and eliminate any possibilities of IRCC finding any more issues.

 

[emilee]

Have the lawyer look at all the documents that you have submitted to IRCC(travel history, POF, education). He/she will be able to tell you if anything else needs amendments. IRCC stops processing applications once they find something missing/unacceptable and informs you about it. They don't check any further to see if anything else is missing/unacceptable. Hopefully your lawyer can do a thorough review of you application and eliminate any possibilities of IRCC finding any more issues.

I contacted lawyer and sent him all the documents that I have submitted.
And my boss will write a reference letter for me.
Now I'm just waiting for the laywer's advice.
Thank you for your advice!^^

 

[justinw1234]

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!!

hello,
I've seen your post about procedural fairness for misrepresentation in canadavisa. did the letter say that they concern about misrepresentation? or the letter have any word of misrepresentation?

 

[emilee]

hello,
I've seen your post about procedural fairness for misrepresentation in canadavisa. did the letter say that they concern about misrepresentation? or the letter have any word of misrepresentation?

The letter do not say directly that they concern about misrepresentation, though.
There is a passage including the word, 'misrepresentation'.
Below is the paasage in the letter:

Subsection 40(1)(a) of the Immigration and Refugee Protection Act states that:
40(1)(a) A foreign national is inadmissible for misrepresentation for directly or indirectly
misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an
error in the administration of this Act.

 

[shagunsangwan]

The letter do not say directly that they concern about misrepresentation, though.
There is a passage including the word, 'misrepresentation'.
Below is the paasage in the letter:

Subsection 40(1)(a) of the Immigration and Refugee Protection Act states that:
40(1)(a) A foreign national is inadmissible for misrepresentation for directly or indirectly
misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an
error in the administration of this Act.

What is happening in your case now?
I see that this issue started in May
Did you get PPR ?

 

[emilee]

What is happening in your case now?
I see that this issue started in May
Did you get PPR ?

Since I sent my documents to VO in June, I've been still waitng.... for 2months..........

 

[shagunsangwan]

Since I sent my documents to VO in June, I've been still waitng.... for 2months..........

All the best
I wish you get a speed PPR

 

[Banvu]

Hi everyone could you help me out please ? I received an email from cic that my bankstatement and business registration is misrepresented / fraudulent I have 15 days to submit correct documents ... I went to my bank that issue my bank statement to produce another bankstatement and I got a copy of my business registration from the register company, is that enough to send ? Please help me .

 

[Roshan]

Hi everyone could you help me out please ? I received an email from cic that my bankstatement and business registration is misrepresented / fraudulent I have 15 days to submit correct documents ... I went to my bank that issue my bank statement to produce another bankstatement and I got a copy of my business registration from the register company, is that enough to send ? Please help me .

Was your bank statement missing any details required by CIC on the website for POF?

 

[Banvu]

Honestly I dnt know its the first I'm know about fairness letter and all that , I had u Canadian visiting visa which expired , so I gathered all my supporting documents , that's what the Vo sent to my email so I went to the bank ask the manager to re do s bank statement and copy of my business registration

 

[Banvu]

The letter stated that I present a fraudulent bankstatement and a false registration of my business . And I have 15 days to respond to the above