Dear Members ,
Today I received refusal for my express entry profile due to the NOC I selected, I was interviewed at Canada embassy in Abu Dhabi for the same reason. The only issue was I selected NOC 0423 for my occupation that is for managers in social, community etc. My experience letter clearly says my job title as "community executive" I have 6 years of experience in the same role and my duties mainly involves marketing and business development in Dubai as was mentioned in my experience letter.
However, during my interview at the embassy immigration officer asked me about my duties and I told him about the same. He told me that community manager or executives in Canada are those who look after prisons, community centers etc. so my duties are different than my NOC so I selected wrong NOC. But he told me he'd try to allocate me a different NOC as I am on a senior position and looking after a team of 15 persons. But today I got the refusal, which is very surprising after 2 years of waiting I am getting this from them. He mentioned following reasons,
Dear Ali Raza:
I have now completed the assessment of your application for a permanent resident visa as a skilled worker. I have determined that you do not meet the requirements for immigration to Canada.
Subsection 75(2) of the Immigration and Refugee Protection Regulations states that a foreign national is a skilled worker if:
a) within the ten years preceding the date of their application for a permanent resident visa, they have accumulated at least one year of continuous full-time (30 hours/week) work experience, as described in subsection 73(1), or the equivalent in continuous part-time work, in the occupation identified in their application as their primary occupation, other than a restricted occupation, that is listed in Skill Type 0 Management Occupations or Skill Levels A or B of the National Occupational Classification matrix;
b) during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification; c) during that period of employment they 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; d) they submitted the results of a designated English or French language test, which is less than two years old on the date of application, indicating that they have met or exceeded the applicable language proficiency threshold set by the Minister for each of the four language skill areas; and e) they submitted their completed Canadian educational credential or their completed foreign educational credential and the equivalency assessment from a designated organization or institution that is less than five years old on the date of application. I am not satisfied that you meet the requirements under paragraphs a), b),
and c) for the following reasons: You identified NOC 0423 Managers in Social, Community and Correctional Services as your primary occupation. You were interviewed about your work experience on 23 June 2022. The information you provided on your application and at interview did not satisfy me that you have at least one year of continuous full-time paid work experience, or the equivalent in continuous paid part-time work experience, in the occupation identified in your application.
The information you provided did not satisfy me that you have performed the actions described in the lead statement or that you have performed a substantial number of the main duties for the occupation identified in your application. Subsection 75(3) states that if a foreign national fails to meet these requirements, the application shall be refused and no further assessment is required. I am not satisfied that you meet these requirements.
In addition, section 11.2 of the Immigration and Refugee Protection Act states that an officer may not issue a visa or other document in respect of an application for permanent residence to a foreign national who was issued an invitation under Division 0.1 to make such an application if – at the time the invitation was issued or at the time the officer received their application – the foreign national did not meet the criteria set out in an instruction given under paragraph 10.3(1)(e) or does not have the qualifications on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h) and were consequently issued the invitation.
Immigration, Refugees and Citizenship Canada (IRCC) invited you to apply for permanent resident status based on the qualifications you claimed in your Express Entry profile. Section 11.2 of the Immigration and Refugee Protection Act requires that information provided in your Express Entry Profile concerning your eligibility to be invited to apply (10.3(1)(e)), as well as the qualifications on the basis of which you were ranked (10.3(1)(h)) be valid both at the time the invitation was issued and at the time the application for permanent residence is received. As I have found that you no longer meet the minimum criteria to be eligible to be invited to apply set out in an instruction given under 10.3(1)(e), you no longer meet the requirements of Section 11.2 of the Immigration and Refugee Protection Act.
I am therefore refusing your application. Subsection 11(1) of the Immigration and Refugee Protection 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 may 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(2) specifies that unless otherwise indicated, references in the Act to “this Act” included regulations made under it. Following an examination of your application, I am not satisfied that you meet the requirements of the Act and the regulations for the reasons explained above. I am therefore refusing your application.
Now I want to ask senior members about what is the solution for this? Can I file an appeal or anything ? Because my job title was "community executive" but in Canada community executives perform different things obviously I don't know that. They could just allocate me a different NOC rather than refusing my application, which is very unfortunate. I had CRS 489 and everything was crystal clear in my application.
Please advice. Thank you! @legalfalcon
Today I received refusal for my express entry profile due to the NOC I selected, I was interviewed at Canada embassy in Abu Dhabi for the same reason. The only issue was I selected NOC 0423 for my occupation that is for managers in social, community etc. My experience letter clearly says my job title as "community executive" I have 6 years of experience in the same role and my duties mainly involves marketing and business development in Dubai as was mentioned in my experience letter.
However, during my interview at the embassy immigration officer asked me about my duties and I told him about the same. He told me that community manager or executives in Canada are those who look after prisons, community centers etc. so my duties are different than my NOC so I selected wrong NOC. But he told me he'd try to allocate me a different NOC as I am on a senior position and looking after a team of 15 persons. But today I got the refusal, which is very surprising after 2 years of waiting I am getting this from them. He mentioned following reasons,
Dear Ali Raza:
I have now completed the assessment of your application for a permanent resident visa as a skilled worker. I have determined that you do not meet the requirements for immigration to Canada.
Subsection 75(2) of the Immigration and Refugee Protection Regulations states that a foreign national is a skilled worker if:
a) within the ten years preceding the date of their application for a permanent resident visa, they have accumulated at least one year of continuous full-time (30 hours/week) work experience, as described in subsection 73(1), or the equivalent in continuous part-time work, in the occupation identified in their application as their primary occupation, other than a restricted occupation, that is listed in Skill Type 0 Management Occupations or Skill Levels A or B of the National Occupational Classification matrix;
b) during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification; c) during that period of employment they 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; d) they submitted the results of a designated English or French language test, which is less than two years old on the date of application, indicating that they have met or exceeded the applicable language proficiency threshold set by the Minister for each of the four language skill areas; and e) they submitted their completed Canadian educational credential or their completed foreign educational credential and the equivalency assessment from a designated organization or institution that is less than five years old on the date of application. I am not satisfied that you meet the requirements under paragraphs a), b),
and c) for the following reasons: You identified NOC 0423 Managers in Social, Community and Correctional Services as your primary occupation. You were interviewed about your work experience on 23 June 2022. The information you provided on your application and at interview did not satisfy me that you have at least one year of continuous full-time paid work experience, or the equivalent in continuous paid part-time work experience, in the occupation identified in your application.
The information you provided did not satisfy me that you have performed the actions described in the lead statement or that you have performed a substantial number of the main duties for the occupation identified in your application. Subsection 75(3) states that if a foreign national fails to meet these requirements, the application shall be refused and no further assessment is required. I am not satisfied that you meet these requirements.
In addition, section 11.2 of the Immigration and Refugee Protection Act states that an officer may not issue a visa or other document in respect of an application for permanent residence to a foreign national who was issued an invitation under Division 0.1 to make such an application if – at the time the invitation was issued or at the time the officer received their application – the foreign national did not meet the criteria set out in an instruction given under paragraph 10.3(1)(e) or does not have the qualifications on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h) and were consequently issued the invitation.
Immigration, Refugees and Citizenship Canada (IRCC) invited you to apply for permanent resident status based on the qualifications you claimed in your Express Entry profile. Section 11.2 of the Immigration and Refugee Protection Act requires that information provided in your Express Entry Profile concerning your eligibility to be invited to apply (10.3(1)(e)), as well as the qualifications on the basis of which you were ranked (10.3(1)(h)) be valid both at the time the invitation was issued and at the time the application for permanent residence is received. As I have found that you no longer meet the minimum criteria to be eligible to be invited to apply set out in an instruction given under 10.3(1)(e), you no longer meet the requirements of Section 11.2 of the Immigration and Refugee Protection Act.
I am therefore refusing your application. Subsection 11(1) of the Immigration and Refugee Protection 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 may 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(2) specifies that unless otherwise indicated, references in the Act to “this Act” included regulations made under it. Following an examination of your application, I am not satisfied that you meet the requirements of the Act and the regulations for the reasons explained above. I am therefore refusing your application.
Now I want to ask senior members about what is the solution for this? Can I file an appeal or anything ? Because my job title was "community executive" but in Canada community executives perform different things obviously I don't know that. They could just allocate me a different NOC rather than refusing my application, which is very unfortunate. I had CRS 489 and everything was crystal clear in my application.
Please advice. Thank you! @legalfalcon