+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

urgent help! I get rejected

yixiaop26

Hero Member
Jul 22, 2014
932
6
Job Offer........
Pre-Assessed..
mesumrizvi said:
You can get am updated letter from your company highlighting duties that match more closely with 2283. Also on the letter they can mention it falls under this specific category and the title is software engineer cause thats a generic one company assigns to everyone performing similar roles...

get a letter properly written and vetted by a lawyer and apply for reconsideration..

hopefully it works out in your favor!
sorry I have no money to get a lawyer, if it is failed at last, I will just leave this country .
 

yixiaop26

Hero Member
Jul 22, 2014
932
6
Job Offer........
Pre-Assessed..
Thanks for all your help ,

I want make clear, I know lawyer need 10k . I don't plan to afford it .

so I want email to someone to reconsider, anyone can give me the proper email address ? or should I ask local MP help on it ?
 

torcan14

Star Member
Jan 18, 2016
74
0
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
01/08/2014
AOR Received.
17/10/2014
Med's Request
19/03/2016
First do not panic.

Then line up all the things correctly before you request and see all of them line up else all will go waste.
Employers letter
English Test results
Other supporting docs

When did you apply?
 

zareef

Hero Member
Dec 27, 2013
673
28
Category........
Visa Office......
CPC-Ottawa
NOC Code......
2174
Job Offer........
Pre-Assessed..
App. Filed.......
11-09-2014
Doc's Request.
23-02-2016
AOR Received.
26-01-2015
IELTS Request
CELPIP sent with app
Med's Request
09-03-2016
Med's Done....
02-03-2016
Passport Req..
15-03-2016
LANDED..........
10-05-2016
yixiaop26 said:
I have noted that you declared work experience in NOC 2283 Information systems testing technicians from 2013-08-19 to 2014-08-02 with XXX. This is Skill Level B.
I note your declared title to be “Staff Software Developer”.
Based on the duties in the employer reference letter, I am not satisfied that you performed the actions described in the lead statement 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 for NOC 2283 Information systems testing technicians.
The duties are congruent to NOC 2173 Software engineers and designers which is a Skill Level A.
I note the conditions on your work permit state that you are only authorized to work in the occupation “Software engineers”
You are required to have Canadian Language Benchmarks (CLBs) of at least 5 for NOC B occupations and a CLB of at least 7 for NOC 0 or A occupations. As your individual scores indicate that you have not met the CLB in the profession you were assessed in, you do not meet the official language requirement as defined in section 87.1(2)(d) of the Regulations.
We invite you to review the equivalence of the individual scores with the CLB at the following link:


all my duties is belong to 2283 what should I do ?
Really sorry to hear that!

You are correct, only duties matter. Your VO thniks most of your duties are "congruent to NOC 2173" - so he believes you really worked as a Software Engineer.

Here's the trickier bit - note the bold part in the quote above. Even if you could prove that you worked as a QA tester, your work permit authorized you to work as a Software Engineer only - so you'd be in breach of the conditions of your permit.

I suggest you get some professional help from a good immigration lawyer. Good luck!
 

BlessedSherry

Hero Member
Aug 25, 2015
326
6
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
06/09/2014
Doc's Request.
17th March 16, docs sent 2nd April
AOR Received.
07/01/2015
IELTS Request
sent with application
Med's Request
14.02.2016
Med's Done....
04.03.2016
Interview........
not required
Passport Req..
Visa exempt
VISA ISSUED...
Copr 14.04.2016
LANDED..........
...Waiting
8) sorry to hear, can't believe cic is doing this after almost 2 years, what did rest of email say, is it straight rejection or do they give you 30 days or something to respond?
 

OhWow

Hero Member
Oct 17, 2015
545
14
Send a "registered mail" letter to CIC personally to...

Case Processing Centre – Ottawa
219 Laurier Avenue West, 7th floor, section B
Ottawa, Ontario K1A 1L1
Canada

...so you can track it.

I also worked under NOC 2283 and the immigration officer evaluated the wrong NOC on my permit. I sent them all the evidence that I was admitted to come to Canada as a tester and also applied for a permit as a tester at the border. My file has been re-opened and is now back in process. I am hoping for the best, because I did everything right. Sometimes, other people's mistakes can make your life hell. Provide the evidence that you are an honest and truthful applicant. I understand, it's devastating. Good luck.
 

madlouni

Star Member
Jul 3, 2015
175
9
Visa Office......
CPC-Ottawa
NOC Code......
2282
App. Filed.......
11-10-2014
Doc's Request.
17-03-2016 PC & 31-03-2016 RCMP
AOR Received.
18-02-2015
IELTS Request
CELPIP sent w/app
Med's Request
18-03-2016
Med's Done....
22-03-2016
Interview........
06-04-2016 RPRF
Passport Req..
02-06-2016
VISA ISSUED...
07-06-2016
LANDED..........
16-06-2016
yixiaop26 said:
I have noted that you declared work experience in NOC 2283 Information systems testing technicians from 2013-08-19 to 2014-08-02 with XXX. This is Skill Level B.
I note your declared title to be “Staff Software Developer”.
Based on the duties in the employer reference letter, I am not satisfied that you performed the actions described in the lead statement 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 for NOC 2283 Information systems testing technicians.
The duties are congruent to NOC 2173 Software engineers and designers which is a Skill Level A.
I note the conditions on your work permit state that you are only authorized to work in the occupation “Software engineers”
You are required to have Canadian Language Benchmarks (CLBs) of at least 5 for NOC B occupations and a CLB of at least 7 for NOC 0 or A occupations. As your individual scores indicate that you have not met the CLB in the profession you were assessed in, you do not meet the official language requirement as defined in section 87.1(2)(d) of the Regulations.
We invite you to review the equivalence of the individual scores with the CLB at the following link:


all my duties is belong to 2283 what should I do ?

my company don't have title for QA , all of us belong software engineer .
I am so sad to hear that! You need to act fast and accordingly.

Step 1:
- You need a letter from your company that proves duties matches with NOC2283 not NOC2173 (title does not matter since every company give you different title for same job )

Step 2:
- If your company HR person is nice or your direct manager, explain the situation to them so they can write a supporting document/letter saying that you are working and your duties fall under NOC2283

Step 3:
- Send an email to CIC (depending on which office your application is at, if Ottawa send to CPC-CTD-Ottawa@cic.gc.ca) explaining that you need to submit supporting documents about your NOC and duties and your work experience that you did not work "illegally" in a different position as what your work permit says AND you meet the NOC2283 duties

Step 4:
- Send all supporting documents supporting your application with a nice cover letter targeting the officer personally, he is a human at the end, and describe how sad you are if you have to leave the country and that you really appreciate him/her considering the supporting documents attached

Step 5:
- Good luck
 

OhWow

Hero Member
Oct 17, 2015
545
14
madlouni said:
Step 3:
- Send an email to CIC (depending on which office your application is at, if Ottawa send to CPC-CTD-Ottawa@cic.gc.ca) explaining that you need to submit supporting documents about your NOC and duties and your work experience that you did not work "illegally" in a different position as what your work permit says AND you meet the NOC2283 duties
This was exactly my issue. My permit shows the wrong NOC. I provided CIC with my immigration papers that I presented at the border, which clearly said I arrived as a "tester" and applied for a permit as a "tester" then, of course. I also told the officer at the border once more what exactly I was doing. I have no clue why he gave me the wrong NOC in the end, but some officers are not very familiar with certain jobs, I suppose, no matter how well you explain them. My file had been re-opened. I am hoping for the best. I don't understand why honest people who arrive with the best intentions always end up in such situations. :(

A former colleague of mine also told me about a similar situation she was facing. The worked as a tester and the CBSA officer wrote Web Developer on her permit. She knew a lot about immigration rules and noticed it herself.
 

kidbroker

Hero Member
Feb 18, 2016
231
5
Job Offer........
Pre-Assessed..
LANDED..........
April 1st 2016
OhWow said:
This was exactly my issue. My permit shows the wrong NOC. I provided CIC with my immigration papers that I presented at the border, which clearly said I arrived as a "tester". My file had been re-opened. I am hoping for the best. I don't understand why honest people who arrive with the best intentions always end up in such situations. :(
yixiaop26 said:
Thanks for all your help ,

I want make clear, I know lawyer need 10k . I don't plan to afford it .

so I want email to someone to reconsider, anyone can give me the proper email address ? or should I ask local MP help on it ?
CIC has not been very fair to us law abiding applicants, especially in the CEC category. I am very sad to hear this news for both of you, CIC should notify you this situation earlier in the process.
As an International student/worker who has been in Canada for 9 years, I know how bad you must feel now.
Keep us updated, together we should be able to figure out a way to solve this problem.

Also, you should not reject the option to hire a lawyer before any consultation (usually free), maybe it does not cost that much.
 

OhWow

Hero Member
Oct 17, 2015
545
14
Immigration lawyers' first consultation often costs around $500 and in the end are not worth a dime. I think, this is an issue you can clearly solve on your own, providing the evidence and explaining your situation that you know well enough yourself. I went to a lawyer in my desparation. It was a joke.
Sometimes, immigration lawyers only want to create "BIG" cases. Your case however might be solved with a simple letter of explanation + evidence. Of course, a lawyer would not earn much with your case, which is why they don't bother helping you and you waste your money. If fighting on your own does not help, then you may still have the option to see a good lawyer or consultant.
 

kidbroker

Hero Member
Feb 18, 2016
231
5
Job Offer........
Pre-Assessed..
LANDED..........
April 1st 2016
yixiaop26 said:
sorry I have no money to get a lawyer, if it is failed at last, I will just leave this country .
Don't let emotion to get the best of you, as many people may encounter similar issue before.
Right now, all you need to do is asking CIC to reopen this case at a minimum cost.
Hiring a lawyer as a last resort.
 

OhWow

Hero Member
Oct 17, 2015
545
14
kidbroker said:
Don't let emotion to get the best of you, as many people may encounter similar issue before.
Right now, all you need to do is asking CIC to reopen this case at a minimum cost.
Hiring a lawyer as a last resort.
Make sure you call it a "reconsideration" in the letter, not an appeal. An appeal is something you would bring to court. A reconsideration is something you ask for providing more evidence and explanation.
 

kidbroker

Hero Member
Feb 18, 2016
231
5
Job Offer........
Pre-Assessed..
LANDED..........
April 1st 2016
OhWow said:
Immigration lawyers' first consultation often costs around $500 and in the end are not worth a dime. I think, this is an issue you can clearly solve on your own, providing the evidence and explaining your situation that you know well enough yourself. I went to a lawyer in my desparation. It was a joke.
Sometimes, immigration lawyers only want to create "BIG" cases. Your case however might be solved with a simple letter of explanation + evidenc. Of course, a lawyer would not earn much with your case, which is why they don't bother helping you and you waste your money. If fighting on your own does not help, then you may still have the option to see a good lawyer or consultant.
Exactly right!
 

pakkecanada

Star Member
Oct 21, 2014
50
0
yixiaop26 said:
I have noted that you declared work experience in NOC 2283 Information systems testing technicians from 2013-08-19 to 2014-08-02 with XXX. This is Skill Level B.
I note your declared title to be “Staff Software Developer”.
Based on the duties in the employer reference letter, I am not satisfied that you performed the actions described in the lead statement 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 for NOC 2283 Information systems testing technicians.
The duties are congruent to NOC 2173 Software engineers and designers which is a Skill Level A.
I note the conditions on your work permit state that you are only authorized to work in the occupation “Software engineers”
You are required to have Canadian Language Benchmarks (CLBs) of at least 5 for NOC B occupations and a CLB of at least 7 for NOC 0 or A occupations. As your individual scores indicate that you have not met the CLB in the profession you were assessed in, you do not meet the official language requirement as defined in section 87.1(2)(d) of the Regulations.
We invite you to review the equivalence of the individual scores with the CLB at the following link:



did you get email from cic???

all my duties is belong to 2283 what should I do ?

my company don't have title for QA , all of us belong software engineer .
 

OhWow

Hero Member
Oct 17, 2015
545
14
kidbroker said:
Don't let emotion to get the best of you, as many people may encounter similar issue before.
Don't talk about emotions... I have never experienced so many extremes at once: extreme fear, extreme anger, but most of all, extreme sadness, and then, all of a sudden, you feel relaxed again, because you are hoping for the very best. I have always lived my life according to the books and never done anything wrong. I wish, CIC will notice that. I even provided more information than I needed and always kept my file up to date whenever there was a little change in my situation. Sometimes, I had the feeling I was annoying CIC with my updates, but I just wanted to be as inclusive, cooperative, and honest as possible. That's just me.