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Ready to apply as FSW1 but stuck in a confusion... please advise

ja77

Hero Member
Mar 24, 2009
838
30
Job Offer........
Pre-Assessed..
LANDED..........
2012
Hello friends,

Apologies for a very lengthy post. I am from Pakistan and ready to apply for Canadian Immigration under the category FSW1 but I am a little confused. Please allow me to explain my situation.

According to my current job title, I fall under NOC CODE 2173 (Software Engineers and Designers) which is not on the ministerial list of 38 eligible occupations. But I have also performed duties which are under NOC CODE 0213 (Computer and Information Systems Managers) which is on the ministerial list of 38 eligible occupations. As far as I know, I can still apply claiming the NOC CODE 0213 because I have performed duties listed under 0213. I have also spoken to my employer and they say they will be happy enough to include the job duties for NOC CODE 0213 in their reference letter because I have performed that duties. Not only this but they also say that they will verify my experience as 0213 if the visa officer gives them a call to verify my experience. Please note that there is nothing fraudulant in this because I really performed the duties for 0213. Upto this point, everything seems good.

Here's the thing that is confusing me. I had a job offer from Canada in the past which was for the position of Software Developer. As the job offer was falling under IT professions, no LMO was required. I submitted a Work Permit application for Canada but then the job offer from Canada was cancelled. As a result, I had to withdraw my Work Permit application exactly after one month the application was submitted. No decision was made at that time about the Work Permit application and it was simply withdrawn. Along with my Work Permit application, I submitted reference letter from my employer (same employer) but to make myself more eligible for Canadian job offer (position of Software Developer) I asked my employer to explain only the job duties related to Software Development in the reference letter. Furthermore, in order to make my Work Permit application stronger, I also submitted a Cover Letter highlighting my Software Development and Customization skills claiming to be a specialist in this field. To sum up, I only highlighted those duties in my reference letter and Cover Letter which were related to the Canadian job offer for the position of Software Developer. Nowhere along with my Work Permit application, I mentioned the managerial duties (under NOC CODE 0213). It's only now that I found out that the only eligible NOC Code for Canadian Immigration for Computer Professionals is 0213 and as I saw the job duties for 0213, I realized I have also done most of these duties.

As I said earlier, my employer is happy enough to include the duties listed in 0213 in my reference letter for Canadian immigration. I don't have a job description letter from my employer. I have an offer of employment from my employer but that doesn't list my job duties either. But I am afraid my pervious information and reference letter (I submitted with my TWP application) are already with CHC Islamabad. And this "What If" feeling is really frightening me i.e. what if they start comparing my job duties I am going to list in my Permanent Resident application with the ones listed in my previously submitted reference letter (with TWP applcation)... though I am not sure if they do it or not. As mentioned earlier, I only explained my Software Development duties and experience with my TWP application because that was directly related to the job offer from Canada. But now that the only eligible occupation for Canadian Immigration for Computer Professionals is 0213, I want to explain and list every single duty I have performed in my current role which also includes the duties in 0213. And that is a truth.

Friends, I honestly believe I do perform the job duties in 0213 and I am prepared to submit my PR application claiming NOC Code 0213. But how should I make myself clear about the job duties that they already have with them in the form of my employer reference letter previously submitted with TWP application. I don't want to give them any impression as if I am making a false claim about the 0213 duties in my PR application. I have thought quite a lot but the more I think the more I am getting entangled. Please advise as to how I should go about this scenario.

Regards
 

mistzone

Star Member
Mar 10, 2009
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Pre-Assessed..
Its a risk reward situation, if I were you I will go fresh application with 0213 and wait for AOR as you mentioning old reference will definitely be rejected, chances of rejection is is low as per me with fresh application without mentioning old stuff. but if your previous record gets scanned it may get rejected or will ask for more proof, I don’t know if you have option in this case to write them back explaining earlier you focused on skills of developer though you performed managerial role also and show enough proof

all the best
 

ja77

Hero Member
Mar 24, 2009
838
30
Job Offer........
Pre-Assessed..
LANDED..........
2012
About you saying "without mentioning old stuff", there's a question in PR application asking if or not the applicant has applied for a Canadian visa in the past. Do you mean instead of saying YES, I should say NO? If I do so, this is a false statement which will do nothing but create complication for me in the future if they come across my previous TWP application. I want to be honest with my PR application. I just hope there is a route I could follow to avoid any refusal?

Any suggestions for me here please? Any other applicants from Islamabad (or other) visa office who had to deal with a similar kind of situation? What should I do? Simply quit my plans to apply for an immigration when I myself feel I am well eligible to meet the experience requirements for FSW1?

Regards
 

Abhishek12

Hero Member
Feb 23, 2009
243
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Hello Ja77,
I have one solution, dont know how much fit in your case.

Just withdraw your WP application (2173) for time being..and wait for next 4- 5 months and then again submit applcaition under NOC : 0213 and mention all those duties..In this, you will get chance to explain that in this 4- 5 months and including your earlier work experience, you have performed job duties that match with 0213....

This is just a suggestion from my side..You have to wait and hear other suggestions too..
 

ja77

Hero Member
Mar 24, 2009
838
30
Job Offer........
Pre-Assessed..
LANDED..........
2012
Hi Abhishek,

Thanks for the reply. But my TWP application has already been withdrawn in December 2008. I now want to submit my PR application as FSW1 under NOC 0213 because I feel I have performed duties under 0213. Confusion is that along with my TWP application in the past, I only explained my Software Development related experience. Now this time, if I claim NOC 0213 in my PR application, I am afraid they might raise an issue about why I showed only Software Development related experience with my TWP application and now claiming 0213 with my PR application. And this can also give them an impression as if I am making a false claim for 0213. As I clarified earlier, I explained Software Development related experience in my TWP application only to make my TWP application stronger and to make me more eligible according to the nature of Canadian job offered (position of Software Development). I never had any idea that the new eligible list for Canadian Immigration from minister will only have NOC 0213 for Computer Professionals :(. I am not making any false claim if I claim 0213 in my PR application and at the same time, I want to give an impression to CHC that my PR application is based on truth and all truth. But how? The only solution I could think of is to provide another letter from my employer (since this is the same employer who provided previous reference letter at the time of my TWP application) confirming that the previous reference letter was explaining the Software Development related experience only because of the nature of job offered in Canada. Do you think this will help? Any other solution you can suggest?

Regards
 

Abhishek12

Hero Member
Feb 23, 2009
243
0
I am not an expert on this issue. You can support your application thrugh provide efficient proofs (your company employer letter, your self explanation letter, your ealier applied wp etc) and explain in such a way to cic officer that your perform certain duties that comes under 0213....
Lets wait for some more suggestion..
 

ja77

Hero Member
Mar 24, 2009
838
30
Job Offer........
Pre-Assessed..
LANDED..........
2012
Re: Ready to apply as FSW1 but confused... PMM, Leon, Rupeshhari, please advise.

Thanks anyway, Abhishek.
I'm just adding the names of the gurus, in the subject field, to have some suggestions from them.
PMM, Leon, Rupeshhari, if you come across my post, please share some thoughts.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Re: Ready to apply as FSW1 but confused... PMM, Leon, Rupeshhari, please advise.

Hi

ja77 said:
Thanks anyway, Abhishek.
I'm just adding the names of the gurus, in the subject field, to have some suggestions from them.
PMM, Leon, Rupeshhari, if you come across my post, please share some thoughts.
The processing office going to compare your PR application with your SW application, so be prepared for some pretty probing questions.

PMM
 

ja77

Hero Member
Mar 24, 2009
838
30
Job Offer........
Pre-Assessed..
LANDED..........
2012
Re: Ready to apply as FSW1 but confused... PMM, Leon, Rupeshhari, please advise.

PMM said:
The processing office going to compare your PR application with your SW application, so be prepared for some pretty probing questions.

PMM
Thanks for the reply.

My TWP application was submitted at CHC Islamabad. My employer may transfer me from Pakistan to UAE after a few months for 2 years. If this happens, it won't be necessary for me to lodge my FSW application at CHC Islamabad. I will be able to lodge it at the CHC responsible for applicants from UAE. Do you think changing the visa office will help? Or will they still compare my FSW application with my previous TWP application even though it will be a different visa office this time?

Regards