Unable to get a Reference Letter from previous employer, what to do...

[Dynonobel]

I need your opinion fellow forum members. FYI, the following is for my wife's application

My wife is unable to get a reference letter for her previous work experience. When filling out the EE app, she listed her current employer in Canada where she has been for 6 years, and one additional employer, where she worked for 1.5 months in 2008 (also in Canada). She recieved an ITA to apply under FSW.

When she requested a reference letter from the company that hired her for 1.5 months in 2008 she was told at first "yes, no problem" then the next day she was told that they have shredded any employee records older than 5 years and that the supervisor that she worked for is no longer with the company. They we're unable to give her a reference letter.

I see 2 options:

A. We submit a letter of explanation, along with a copy of the email from the company stating that they were unable to provide a reference letter because her file no longer exists, as well as her T4 statement and pay stubs (she has all of these accounted for).

or...

B. We change her application so that it does not show that this employment took place and submit no documents. She will still qualify for FSW (and CEC) as this employment was not important in any way. My problem with this is one, it is a lie, and two she already mentioned the employment in the EE application so it would be curious to remove it from the PR application.

Anyone have experience with inability to provide a reference, or anyone have an opinion on this at all. We would appreciate it.

 

[Dynonobel]

Does anyone have any experience with this?

 

[SushilEE]

I would suggest please go for option 1. Because your T4 is supporting your case, if required Visa Office can fetch the details from Canada Revenue Agency.
Also, attach your explanation letter with you. Remember, providing false information can bar you for next 5 years from filing PR application for Canada.

In addition to that please show your salary credits as per bank statement from Canadian employer. This will give more grip to your claim of Canadian employment.

 

[noesis]

B. We change her application so that it does not show that this employment took place and submit no documents. She will still qualify for FSW (and CEC) as this employment was not important in any way. My problem with this is one, it is a lie, and two she already mentioned the employment in the EE application so it would be curious to remove it from the PR application.
Anyone have experience with inability to provide a reference, or anyone have an opinion on this at all. We would appreciate it.

Why would you want to misrepresent yourself when you can clearly explain everything and have documents to back up your story, including one from the company and more importantly, tax documents? There is an additional section where you have to describe all activities without leaving any gaps since the age of 18 or for the last 10 years, if you leave this out there it is willful misrepresentation. CIC is not going to judge your wife for having a position for such a short period of time nor being able to get a reference from the company due to extenuating circumstances, and it will have zero impact on her points or application. This is what a letter of explanation is for, to describe why you are not able to produce the exact requirements.

Let us say you choose to go with your second option, and CIC goes through your wife's tax records during the background check and notes this income appeared, but you did not declare any employment (even though the tax records will clearly identify the employer). The immediate concern is that you have deliberately not declared this is in two separate sections of your PR application. Further you have signed the application saying that all the information is true and you have not withheld any relevant information. This is not just a lie, it is grounds for dismissing your case and barring you from applying in the future. Be honest and provide as much as you can and let the case officer get in touch, the worst that can happen is they will want to contact someone at the company who can corroborate your version of events.

 

[SushilEE]

well explained noesis

Therefore, be truthful and get as much as proof you can to stake your claim of employment. Don't worry CIC do understand the circumstances if it is out of your control.

 

[Dynonobel]

Thank you both! I guess I just needed to hear it from someone that CIC would not be punitive for a missing reference letter. We never considered hiding it as a real option, I was just pointing out that it was the only other option and I was afraid what CIC would say if we didn't submit the reference letter.

We're trying to get everything in order (and in a short amount of time with an expiring WP looming) and desperately want it to be perfect. So I was a little thrown when we couldn't get this reference letter. I just need to trust that the information we CAN provide will be enough.

Thanks for easing my worries a tiny bit.