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Refusal - Duties are not matching with NOC descriptions

KULASA

Star Member
Jan 17, 2011
69
0
Dubai
Category........
Visa Office......
london
NOC Code......
1111
Job Offer........
Pre-Assessed..
App. Filed.......
28-01-2010
Doc's Request.
March 19, 2010.
AOR Received.
2nd AOR 10-08-2010
IELTS Request
19-03-2010
File Transfer...
17-07-2010
Med's Request
waiting
ALLISWELL said:
Dear Kusala,

Sorry to hear that, I do understand what you are going through !!!
I realize now that how CIC is playing with our sentiments and making the innocent peoples fools.
They are rolling/utilizing millions $ CAD to stable their economic which are collected by number of applicants.

In a Nutshell:
To apply Immigration for Canada = Buying Permanent stress for 3 to 5 years or more.
= Wasting huge money (whether directly or indirectly)
= Wasting your intensive time
And finally after 3 hard years result = REFUSAL : Reasion - Duties are not matching with NOC JD.
So why did you accept our initial application with same contents???? after 3 years you realise that my application is not eligible for process... GO TO HELL CANADA.......
better they told us.. "sorry we're over quota" not that weird JD NOT MATCHING reason.. :-\
 

ALLISWELL

Full Member
Mar 22, 2010
22
0
Dear Kulasa,

You are right, they should have tell us the reality OR they should have find some other logically reason for rejection. Infact everyone including me in this forum knows that they have hell of applications specially from NOC 1111 - 0111 - 4131 etc..... but this is not a way to reject someone's application and should not let them be in thought.

I have planed to write a hard letter and want to inform them (VO) to find an another reason which must be logically to reject someone's appllication.
I cannot agree with your decision on that reason for refusal, whether they have to reject my application on any another reason or I should proceed my case to federal court of Canada.

Thanks :p
 

KULASA

Star Member
Jan 17, 2011
69
0
Dubai
Category........
Visa Office......
london
NOC Code......
1111
Job Offer........
Pre-Assessed..
App. Filed.......
28-01-2010
Doc's Request.
March 19, 2010.
AOR Received.
2nd AOR 10-08-2010
IELTS Request
19-03-2010
File Transfer...
17-07-2010
Med's Request
waiting
ALLISWELL said:
Dear Kulasa,

You are right, they should have tell us the reality OR they should have find some other logically reason for rejection. Infact everyone including me in this forum knows that they have hell of applications specially from NOC 1111 - 0111 - 4131 etc..... but this is not a way to reject someone's application and should not let them be in thought.

I have planed to write a hard letter and want to inform them (VO) to find an another reason which must be logically to reject someone's appllication.
I cannot agree with your decision on that reason for refusal, whether they have to reject my application on any another reason or I should proceed my case to federal court of Canada.

Thanks :p
ALLISWELL please update me with your action plan... Do you think we have chance if we will proceed to federal court of Canada? I have relative in canada, can they file a case in my behalf? would it be easier and cheaper?
 

ALLISWELL

Full Member
Mar 22, 2010
22
0
Dear Kulasa,

May I ask you the reason why they rejected your case?

Well as my observations are concern I am sure that they will not reconsider any application after refusal.
Acceptance and rejection are thier legal rights based on any assesment, but this is my rights as well to clarify the reason of refusal which I am not agree.
You can hire any lawyer in canada to take them in Federal court of canada, here are some post which may help you for guidelines. It may cost you huge and not cheaper.
Thanks
 

starme

Star Member
Mar 8, 2012
152
9
Job Offer........
Pre-Assessed..
KULASA said:
ALLISWELL please update me with your action plan... Do you think we have chance if we will proceed to federal court of Canada? I have relative in canada, can they file a case in my behalf? would it be easier and cheaper?
1. buddy, every refusal cant be challenged, u need to obtain leave first of all.
2. if leave granted/ judicial review will follow->takes near abt 1 year.
3. if you win/ tho chances are very meager, then new VO may be assigned.
4. if New VO is assigned, question remains same.

wat you lose, money(can lawyers charge heavily->no guarantee of obtaining leave->if leave is granted->stiil case cud be dismmised->time->mental harassment->
if you win-same story repeats.

my suggestion wud be, take some gud lawyer's expert opinion.
then go for it.


otherwise apply again with solid docs.
gud luck
 

adanibaba

Star Member
Jul 17, 2010
104
9
Category........
NOC Code......
0111
Job Offer........
Pre-Assessed..
App. Filed.......
April 2010
VISA ISSUED...
May 31,2012
ALLISWELL said:
Dear Seniors,

Please I want to have your comments and suggestion specially from QORAX, SAQI and PMM as I have got a refusal letter on 13th March 2012 saying that my perform duties are not matching with occupational descriptions of the NOC.

I am surprised to see the reason which is strange for me. I have more than six years experience in finance as chief accountant in middle east in a multinational company and I am performing almost same duties as required in NOC descriptions. But after having refusal letter from VO I realize that CIC want to decrease the back blog by refusing applications without having a solid reason.
I have recieved a letter which says:

''You have indicated that you have work experience in (an) occupation (s) with the following NOC code(s): 1111 : Financial Auditors and Accountants.

Although the NOC code(s) correspond(s) to the occupations specified in the Instructions, the main duties that you listed do not indicate that you performed the actions described in the lead statement for the occupation, as set out in the occupational descriptions of the NOC, or that you performed all of the essential duties and a substantial number of the main duties, as set out in the occupational descriptions of the NOC. I am therefore not satisfied that you are a Financial Auditor and Accountant: NOC code(s): 1111.

Since you did not provide satisfactory evidence that you have work experience in any of the listed occupations, you do not meet the requirements of the Ministerial Instructions and your application is not eligible for processing. "

Job descriptions for NOC list is quoted here:

1111 Financial auditors and accountants (AS PER NOC JOB DESCRIPTION)Financial auditors examine and analyze the accounting and financial records of individuals and establishments to ensure accuracy and compliance with established accounting standards and procedures. Accountants plan, organize and administer accounting systems for individuals and establishments. Articling students in accounting firms are included in this unit group. Financial auditors and accountants are employed by auditing and accounting firms throughout the private and public sectors, or they may be self-employed.
Example Titles
accountant
certified general accountant (CGA)
certified management accountant (CMA)
chartered accountant (CA)
chief accountant
financial auditor
income tax expert
industrial accountant
internal auditor
Main duties
Financial auditors perform some or all of the following duties:
Examine and analyze journal and ledger entries, bank statements, inventories, expenditures, tax returns and other accounting and financial records, documents and systems of individuals, departments within organizations, businesses or other establishments to ensure financial recording accuracy and compliance with established accounting standards, procedures and internal controls
Prepare detailed reports on audit findings and make recommendations to improve individual or establishment's accounting and management practices
Conduct field audits of businesses to ensure compliance with provisions of the Income Tax Act, Canadian Business Corporations Act or other statutory requirements
May supervise other auditors or professionals in charge of accounting within client's establishment.
Accountants perform some or all of the following duties:
Plan, set up and administer accounting systems and prepare financial information for individuals, departments within organizations, businesses and other establishments
Examine accounting records and prepare financial statements and reports
Develop and maintain cost finding, reporting and internal control procedures
Examine financial accounts and records and prepare income tax returns from accounting records
Analyze financial statements and reports and provide financial, business and tax advice
May act as a trustee in bankruptcy proceedings
May supervise and train articling students, other accountants or administrative technicians.

The main duties or job descriptions which I descried in my application :
MAIN FUNCTIONS:- Chief Accountant (For Current Position)

To maintain control over income, Expenses and assets of the hotel in compliance with the hotel's policies and procedures as well as local requirements. To organize, supervise and maintain the department at the highest level of financial control and audit standard. To maintain and improve the profitability of the hotel through strict revenue and cost control procedures as well as safeguarding of hotel assets. To ensure timely management information, reporting and meeting required deadlines. To provide the operation with the necessary cash needs to cover it's commitments through proper collection and disbursement procedure and permanent line of communication in cash flow & other matters are to maintained. Assisting the management in implementing and supervising the operational standards as well as the hotel's internal rules and regulations.

Scope: Compliance to financial guidelines and yardsticks in the form of financial statements, budgets, forecasting and special reports to serve as direct management tools. Analyze hotel's income and expense by close supervision and execution of internal controls.

REPORTS TO:- Financial Controller / Director of Finance / General Manager (If needed )


MAIN DUTIES:-
• Preparing monthly profit and loss reports, ensuring the reports are produced in a timely manner to management team with adequate to explain the main issues within these reports.
• Ensuring that monthly book has been closed in accordance and followed by SOX method and that all papers are complete and satisfactory for the requirements of the annual external audit.
• Prepare account analysis, reconcile and maintain accounting schedules for balance sheet accounts.
• Analyze transactions to arrive at correct account balances and prepare well documented journal ledger entries when necessary.
• Reconcile bank statement, inventories and other accounting and financial records, documents and systems of company to ensure financial recording accuracy and compliance with established accounting standards, procedures and internal controls.
• Implement efficient working environment and co-ordinate, assign and review the work of clerks engaged in their duties, Accounts payable and receivable; company payrolls; general cashiers deposits, petty cash & reimbursement; and timely revenue recorded.
• Plan, set up and administer accounting systems and prepare financial information for company.
• Assist to financial controller to preparation of annual budget in accordance with agreed financial targets within positive conversion as required including variance and comparison analysis.
• Examine accounting records and prepare financial statement and reports.
• Examine financial accounts and records and prepare income tax, management fees and owner's equity from accounting records.
• Examine and verify accuracy of work and authorize routine payments, employee's vacation payment, deposits into bank and withdrawals.
• Resolves work related problems and prepare and submit progress and other reports.
• Identify training needs and train workers in job duties and company policies.
• Ensure smooth operation of computer systems and equipment and arrange for maintenance and repair work.
• Maintain records of employee attendance, leave and overtime to calculate pay and benefit entitlements, in local currency, using computerized hardware system. (OASYS)
• Prepare and verify statements of earnings for employees, indicating gross and net salaries and deductions such as social security, city ledger, advance or loan.
• Prepare employee payments and benefit payments by electronic transfer.
• Provide information to employees on payroll matters and benefit plans as per agreement.
• Examine statistical reports, statements and summaries related to payroll and benefits.
• Prepare and balance period end reports and reconcile issued payrolls to bank statement.
• Assist in the operation, analysis and development of financial systems, Supervise and train finance department support staff.
• Communicate financial information in an understandable form for non technical peoples using both written and verbal skills.

GENERAL RESPONSIBALITIES:
• Develop strong working relationship with all members of the accountancy team to improve the quality of financial support and accurate information provided to head of department.
• Supervise and manage all accountancy staff within the accountancy function including undertaking annual performance development review (PDR) and ensuring the training plans agreed at these are implemented.
• To work in accordance with the company policies and procedures and to ensure that the accountancy team are aware of and adhere to these policies and procedures.
• Maintain proper accounting records keep update as required by finance controller for annual external or internal audit.

WORKING CONDITIONS:-

• Work weeks are 6 days, Saturday to Thursday, 8 hours per day, starting at 09:00 in the morning
• The employee is entitled to one hour of paid time for lunch and half an hour for dinner if required.
• The employee may be required to work paid overtime, or compensation for pending off, depend on management decision.
• The employee is strictly prohibited to pass any confidential or secret information belongs company's to people outside or around the office.

In my understanding CIC are trying to find the ways to reject the applications in order to finalize the cases in fast track. Job descriptions in NOC by CIC and perform duties by me are almost same but I think that visa officer wnated to match word by word?? And if we describe the same same job descriptions than also you will get refuse due to exact copy wording.
Dear

I am sorry to hear your case rejection . But, very honestly and if you dont mind ( I dont know what
Will happen with my case ) I'm not impressed the way you mentioned your duty . I believe
You better know the meaning of word precise and to the point , which I feel badly lack in your job description
.very sorry to write this but this is my honest perception.