unacceptable CEC application refusal letter

[angrybunny1986]

my application for CEC just got refused due to insufficient employer information, and my experience as a food store supervisor did not make them believe thats the experience under NOC6211, this whole application rejection thing makes me so angry because it's unacceptable and unfair, I do have my employer reference letter which contains their company's information and my job duties, my experience as a food store supervisor is definitely under NOC6211.

I used a certified immigration consultant to prepare my application, if the case officer doubted my working experience or anything related to the application, they should have contacted my consultant, or my employer, or myself, it's unfair to directly refuse the application after 10 month waiting.

some other consultant said I did not include the employer's company letterhead in the reference letter, however, they are just a small franchise business, and they don't have their company letterhead, I don't know if this is the true reason why my application got rejected.

here is the refusal letter:

Dear XXX:



I have now completed the assessment of your application for a permanent resident visa as a member of the Canadian Experience Class and have determined that you do not meet the requirements for immigration to Canada.

According to the Immigration and Refugee Protection Regulations, applicants in the Canadian Experience Class are assessed on the basis of the pass/fail requirements set out in subsection R87.1(2). The assessment of these criteria determines whether a worker with Canadian experience will be able to become economically established in Canada. The criteria are:

knowledge of English or French,
Canadian skilled work experience,
Canadian educational credentials (for the Post-Graduation Stream only).
Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada: 6211-Supervisor

I am not satisfied that you meet skilled work experience requirements because your application does not contain the information as set out in the document checklist to assess your work experience. Specifically, the confirmations of employment submitted do not contain sufficient information on your employers to satisfy me that you acquired work experience under NOC 6211.



Subsection 11(1) of the 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 shall 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(1) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.

Following an examination of your application, I am not satisfied that you meet the requirements of the Act and Regulations for the reasons explained above. I am therefore refusing your application.



Thank you for the interest you have shown in Canada.



Yours sincerely,





Case Officer

Citizenship and Immigration Canada

I'm looking for help, what should I do right now, cus I don`t know where the problem is. should I apply judicial review?
thank you for your help

 

[Regina]

The refusal is not about "my experience as a food store supervisor did not make them believe thats the experience under NOC6211"
but about :" sufficient information on your employers to satisfy me that you acquired work experience under NOC 6211".

Besides what your consultant says about "information on your employers" that HE provided to CIC?

 

[angrybunny1986]

My consultant confirmed that reference letter is ok, all the necessary information is on that letter, but the company letter head, which is not mandatory, he suggested me to apply judicial review

 

[sabidhawan]

Your only option is to reapply. Going to court will take even longer with no guarantee that you ll win. Best bet is to reapply and create a letter head yourself , write a letter and ask your manager to sign it .

 

[sabidhawan]

I had been rejected before and applied through the lawyer as well. My lawyer advised me to reapply which i did and this time application was acepted , i am done with medical and landing fees is paid.

 

[angrybunny1986]

I had been rejected before and applied through the lawyer as well. My lawyer advised me to reapply which i did and this time application was acepted , i am done with medical and landing fees is paid.

Thank u.for sharing your experience, whats the reason your application got rejected?

 

[seton]

My first suggestion would be to take a step back, relax, and stay calm before deciding on a next step.

I used a certified immigration consultant to prepare my application, if the case officer doubted my working experience or anything related to the application, they should contact my consultant, or my employer, or myself, it's unfair to directly refuse the application after 10 month waiting.

As unfair as it may seem, the CIC is not required to contact you. The act requires them to assess a case based on the information provided, and they are not mandated to follow up with the applicant. Especially in this class, it is a PASS/FAIL system and they are less inclined to request additional documents or schedule interviews when assessing the work experience (it is very rare for them to do this, and is actually why this class processes so quickly). That's why it's important to submit everything at the time of the application.

My consultant confirmed that reference letter is ok, all the necessary information is on that letter, but the company letter head, which is not mandatory, he suggested me to apply judicial review

If the letter was okay, then it likely wouldn't have been rejected. Please keep in mind that consultants are not CIC officers, and their opinions are ultimately just an opinion. CIC officer, can and do make mistakes however.

Do you want to paste your duties from the reference letter here? Based on the rejection, it seems that the CIC officer considered it too short, or perhaps they were copied and pasted from the NOC database?

Without much additional information, it would be difficult to guide you. Re-applying with the same letter would not be wise, as you will likely be rejected again. You can appeal (without judicial review), but you need to have a basis for appealing. Judicial review is also within your rights, but keep in mind that this may take years and re-applying may be a much faster option (and much less expensive factoring in lawyer fees for your review).

However it would not make any sense reapplying without determining why they deemed your letter inadequate.

 

[sabidhawan]

Thank u.for sharing your experience, whats the reason your application got rejected?

I was rejected because my employer did not write detailed job duties . If you can share you letter i will be able to give you some suggestions . Going through court will cost you a lot .

 

[spookyb]

The rejection may be based on your duties, but the VO said the letter did not contain sufficient information about your employer. Could you share what the format of the experience letter was and what information was on it pertaining to the employer itself? Did you provide any other supporting documents (work contracts, pay slips, etc) that would have provided more information on the employer?

 

[vijayarr]

I strongly believe that it has to do with the credibility of the employer. The VO wasn't convinced about this. There is no letter head nor a business card or anything .. How is the VO supposed to believe that you were employed under this company performing skilled work? The VO points out the checklist and says you haven't provided a letter as mentione in the checklist. There are multiple things that went wrong here as far as the reference letter goes

 

[spookyb]

I strongly believe that it has to do with the credibility of the employer. The VO wasn't convinced about this. There is no letter head nor a business card or anything .. How is the VO supposed to believe that you were employed under this company performing skilled work? The VO points out the checklist and says you haven't provided a letter as mentione in the checklist. There are multiple things that went wrong here as far as the reference letter goes

I agree with Vijayarr. A letterhead would definitely have helped. But also take a look at whether the header of the letter contained all of the company information as required in the checklist.

 

[angrybunny1986]

thank u all for your reply and help, here is the reference letter from my employer;

May 11, 2012


To whom it may concern,



REavid



This letter is to confirm that David has been employed with our company since June 13, 2011. His job title is Food Store Supervisor and he has been full time since he started with us. He works 40 hours a week, his job duties include supervising the staff by providing direction and training as well as ordering, maintaining records, sanitation and organization of the stock. He is a key holder and he also assists with balancing the money. He is paid hourly and his annual salary was about $29000. The annual salary will remain similar this year, the only change will be the amount of overtime worked.

Our company name is 1234567 Alberta LTD operating as XXXX (a famous fast food restaurant). If you have any questions please feel free to contact me at any time.






XXXX(employer's Name)

XXXX(company address)
xxxxxx(phone number)

 

[sabidhawan]

thank u all for your reply and help, here is the reference letter from my employer;

May 11, 2012


To whom it may concern,



REavid



This letter is to confirm that David has been employed with our company since June 13, 2011. His job title is Food Store Supervisor and he has been full time since he started with us. He works 40 hours a week, his job duties include supervising the staff by providing direction and training as well as ordering, maintaining records, sanitation and organization of the stock. He is a key holder and he also assists with balancing the money. He is paid hourly and his annual salary was about $29000. The annual salary will remain similar this year, the only change will be the amount of overtime worked.

Our company name is 1234567 Alberta LTD operating as XXXX (a famous fast food restaurant). If you have any questions please feel free to contact me at any time.






XXXX(employer's Name)

XXXX(company address)
xxxxxx(phone number)

I do not see anything wrong with the letter may be seniors can advise better. I guess at this time officer was just worried if the letter is genuine or not . Job letter should be on letter head even if it not a requirement it does help accompanied with the business card of the manager. Immigration officer have lot of right which protects them from making these decisions. Its stupid to reject you on this ground but your best bet will be to reapply .

 

[Cruiser55]

The letter could have been more professionally put, but, it is what it is, I do not see why there could be a reason for it to be deemed unfit.
The worst that I can possibly think of is that by not putting it under a letter head and no business card of the employer to go along with it, it was considered unsatisfactory to the officer examining your case.
Your best bet would be to rectify this problem and re-apply. Yes, I have to agree that after waiting for 10 months, it is exhausting and extremely frustrating that a refusal was sent.

 

[PMM]

Hi

The letter could have been more professionally put, but, it is what it is, I do not see why there could be a reason for it to be deemed unfit.
The worst that I can possibly think of is that by not putting it under a letter head and no business card of the employer to go along with it, it was considered unsatisfactory to the officer examining your case.
Your best bet would be to rectify this problem and re-apply. Yes, I have to agree that after waiting for 10 months, it is exhausting and extremely frustrating that a refusal was sent.

Read the letter supplied, then read the description of the NOC

Main duties

Retail sales supervisors perform some or all of the following duties:

Supervise and co-ordinate sales staff and cashiers

Assign sales workers to duties and prepare work schedules

Authorize payments by cheque and the return of merchandise

Sell merchandise to customers

Resolve problems that arise, such as customer complaints and supply shortages

Maintain specified inventory and order merchandise

Prepare reports regarding sales volumes, merchandising and personnel matters

Hire and train or arrange for the training of new sales staff.

How much of the above is reflected in the employer's letter?