Rejected...Help!!

[Johnny31]

The problem is that it is absurd to demand a piece of evidence/documentation which is not standard, not legal and cannot be obtained from all work places. This is the point here - not all employers will give you such letter, so does it automatically make that group not eligible to CEC?
It is possible to use the Pass/Fail system and simply reject any application which is not 100% compliant with CEC requirements. It is also possible to review the alternative evidence provided by the applicant and rule that application is compliant with the CEC rules. After all, it is not the LAW to provide this reference document but a operational procedure and it can be changed, amended and/or waived by CIC. This is exactly where MP can come into picture and show the absurdity of the situation where all evidence is screaming the case is valid CEC case and it is being rejected for totally technical reasons. I am not saying not to re-apply, i am just saying that MP have the power and may help out here.

Everyone has their own opinion regarding how CIC should work. The fact of matter is, they set a list of requirements and if you aren't able to meet it, you wouldn't be eligible for the program. It's that simple. They won't change anything to make it easier for those that wants to immigrate to Canada. People under FSW have been waiting for 7-8 years and nothing has been change to speed up their cases.

 

[Johnny31]

Just to add something here.

It is not that CIC rejects purely on the ground of Duties and Responsibilities not listed in the Reference letter. You have to provide all your docs - Employment letter, offer letters, contract, petition, T4, NOA, all pay stubs to date and along with this, an explanation of why Duties and Responsibilities are not present in your employment letter. If your employer is not agreeable, you can provide the copy of email / letter of your communication with your employer highlighting the issue.

It is all about how well you are able to convince the Officer of your situation.

He can provide contract, petition, pay stubs, and other documents to the VOs, but if he can't provide a reference letter with his duties and responsibilities, he would be rejected. Everything else besides the required documents are to support what's been sent. If he doesn't provide what's required, the supporting documents wouldn't matter.

For my application, I gave them a reference letter with the 5 things they listed on the checklist and the other required documents and I didn't/wasn't asked to provide any supporting materials.

The best way to convince the VOs is to give them exactly what they asked for.

 

[sashali78]

That i know very well. I am originally FSW1 applicant from Nov, 2007. However this is different, you cannot argue with law that has been passed (even though it is being challenged now in the court as we speak)
However, I wonder if they would reject the ScorpionKing case with the same reasons if he would be represented by a lawyer.

 

[sashali78]

He can provide contract, petition, pay stubs, and other documents to the VOs, but if he can't provide a reference letter with his duties and responsibilities, he would be rejected. Everything else besides the required documents are to support what's been sent. If he doesn't provide what's required, the supporting documents wouldn't matter.

For my application, I gave them a reference letter with the 5 things they listed on the checklist and the other required documents and I didn't/wasn't asked to provide any supporting materials.

The best way to convince the VOs is to give them exactly what they asked for.

Nobody argues about what is the best. This is clear and easy to follow once you have all those documents. The question what do you do if you can't provide the reference letter by their standards?

 

[Johnny31]

The question what do you do if you can't provide the reference letter by their standards?

it's sad to say but the VOs are more than happy when they find a reason to refuse someone.

 

[Andy2109]

In the 'IT major' that I work, there are 15 - 20 people I know who have got their PR through CEC route. But none of them had Duties and Responsibilities listed in their employment letter. Because, the 'IT biggie' that we work for, has a standard letter of employment letter which does not have duties and responsibilities listed.

When some of them challenged this procedure (doubting their application to go thru), the company rejected their plea stating that there was no law which binds them to issue employment letter with duties and responsibilities. All that they issue till date is a standard employment letter on their letterhead with FROM / TO date, position held, annual salary, supervisor signature, name and contact details. And it is working very well, with CIC accepting it.

 

[sashali78]

it's sad to say but the VOs are more than happy when they find a reason to refuse someone.

OK, and that's why we are back to my original suggestion. When a refusal is technical and against the provided evidence, one should go and complain to MPs. Once enough complaints will reach MPs and subsequently CIC, they might as well change their procedures or cool off the trigger sick VO's.

 

[sashali78]

One more thing i suggest - all those who got rejected for such reasons, please list the responsible VO. It would be interested to see if there is a pattern here and will be useful for MP complaints

 

[Andy2109]

Don't be surprised if all the new applications in 2013 (with changes from 02 Jan) are dealt more severely and rejected without room for any deviation. With CIC bringing requirement down from 24 months to 12 months, it could get more difficult in the days to come with regards to Letter of Reference.

 

[Johnny31]

In the 'IT major' that I work, there are 15 - 20 people I know who have got their PR through CEC route. But none of them had Duties and Responsibilities listed in their employment letter. Because, the 'IT biggie' that we work for, has a standard letter of employment letter which does not have duties and responsibilities listed.

When some of them challenged this procedure (doubting their application to go thru), the company rejected their plea stating that there was no law which binds them to issue employment letter with duties and responsibilities. All that they issue till date is a standard employment letter on their letterhead with FROM / TO date, position held, annual salary, supervisor signature, name and contact details. And it is working very well, with CIC accepting it.

Well, I know people personally that got their PR by using fake documents, worked under fake companies (in fact, they never worked a min), used fake IDs..fake everything pretty much. Just because your co-workers and my associates got their PR doesn't mean I'd suggest other members their ways, you know? I don't want to see people going out of the box, thinking it would be okay to provide something else/not provide something or provide something fake and ends up getting rejected. I always tell people to provide what's been asked and they should be okay with no worries. Play it safe!

 

[ujbaby]

Don't be surprised if all the new applications in 2013 (with changes from 02 Jan) are dealt more severely and rejected without room for any deviation. With CIC bringing requirement down from 24 months to 12 months, it could get more difficult in the days to come with regards to Letter of Reference.

agree ++++

 

[Johnny31]

One more thing i suggest - all those who got rejected for such reasons, please list the responsible VO. It would be interested to see if there is a pattern here and will be useful for MP complaints

Maybe next year would be better to file some kind of complaints b.c 2015 is an election year. Unless they're running for a position, they could careless about anyone's complaints.

 

[SkorpionKing23]

Pls advise if the below format for emp referral looks good...

Mr. XYZ is a full time permanent employee of ABC. He joined ABC effective December 20, 2004, and came on assignment to our Canadian operations effective September 01, 2008.

Mr. XYZ joined Canadian operation from September 01, 2008 as a Sr. Software Developer and continued on the role till August 17th, 2010. From Aug 18th, 2010 till date, XYZ is currently in role of a Lead for Quality Assurance in IT Project, with one of the clients of ABC. XYZ as apart of his duties is responsible for providing IT solutions and consultancy to the client, analyzing the existing legacy system components used at client end, and provide consultancy for solutions to enhance efficiency of processes implemented at client’s end. XYZ has in-depth specialized knowledge of ABC Comapny proprietary development procedures, methodologies, and tools that are used in this assignment.

As a full time employee XYZ works for 40hrs per week, and his current annual income is $ 67,835 CAD.


Should you have any questions, please do not hesitate to contact the undersigned. Thank you for your consideration.

Regards,

Signed by HR Manager