misrepresentation

[empress14]

Hi there I would like to asked for help (especially for
those have the same experience like me). I receive a letter
from VO giving me 30 days to send him an explanation letter because he is not convinced that I performed the duty of a supervisor and believes that I am just a regular staff. I have provided already a certificate of employment where my employer mentioned all my duties and responsibilities. It is a small
company and unfortunately it went bankrupt last year I have no longer contact with my employer to asked for another letter explaining detailed duties and responsibilities.
I did wrote an explanation letter but I did not send it yet because I think it not strong enough to convince the VO. I would like to ask for your help what do you think I can add more to my letter to make it more convincing. Thanks in advance

 

[Gregor.Samsa]

Hi there I would like to asked for help (especially for
those have the same experience like me). I receive a letter
from VO giving me 30 days to send him an explanation letter because he is not convinced that I performed the duty of a supervisor and believes that I am just a regular staff. I have provided already a certificate of employment where my employer mentioned all my duties and responsibilities. It is a small
company and unfortunately it went bankrupt last year I have no longer contact with my employer to asked for another letter explaining detailed duties and responsibilities.
I did wrote an explanation letter but I did not send it yet because I think it not strong enough to convince the VO. I would like to ask for your help what do you think I can add more to my letter to make it more convincing. Thanks in advance

If employer is not available, maybe some other supervisor or even co-worker could help.

 

[neorol]

There's your problem. CIC uses ESDC data and jobs paying below its minimum are considered ineligible experiences.

Do you have a source for this? CIC states at multiple places that there is no minimum salary requirement for CEC.

 

[scylla]

Do you have a source for this? CIC states at multiple places that there is no minimum salary requirement for CEC.

There's technically no minimum salary requirement. However if someone's salary is far too low, this can cause CIC to question whether that individual is really working at that job level. We've seen refusals here for that reason.

 

[neorol]

There's technically no minimum salary requirement. However if someone's salary is far too low, this can cause CIC to question whether that individual is really working at that job level. We've seen refusals here for that reason.

Thank you for your answer. It's really not fair though. If CIC really would care about the wages of immigrants they should regulate the minimum wages what employers must pay. Or warn applicants in advance not to accept those jobs. But realistically, most people with open work permits are not in the situation of negotiating their wage too much. If you ask for more, they just send you away. Employers exploit the situation.

Really not fair...

 

[scylla]

Thank you for your answer. It's really not fair though. If CIC really would care about the wages of immigrants they should regulate the minimum wages what employers must pay. Or warn applicants in advance not to accept those jobs. But realistically, most people with open work permits are not in the situation of negotiating their wage too much. If you ask for more, they just send you away. Employers exploit the situation.

Really not fair...

I think part of the problem is that too many applicants in the past have asked their employers to give them manager titles when their duties and pay weren't managerial. Reviewing the salary is one way which CIC uses to determine if the person actually worked the job they are claiming.

If you look earlier in this thread, you'll see that's exactly what happened in one of the cases here:

"The letter state that was being paid $12 and the minimum for assistant manager in retail is $14.50. also my duties match a sales rep more than a manager"

So at least part of the blame rests with applicants who came before you and misrepresented their experience.

 

[jes_ON]

Thank you for your answer. It's really not fair though. If CIC really would care about the wages of immigrants they should regulate the minimum wages what employers must pay. Or warn applicants in advance not to accept those jobs. But realistically, most people with open work permits are not in the situation of negotiating their wage too much. If you ask for more, they just send you away. Employers exploit the situation.

Really not fair...

Hmmm - I think you've missed the point. The "low wage" is suggestive that the applicant is not really performing the higher level position that the applicant is claiming. The applicant isn't refused for a "low wage," they are refused for not performing the skilled work that they claimed. Salary/wage is just one indicator, and would never alone be used to refuse an applicant.

In the OP's case, the problems are numerous - the job duties not only don't match, the the OP claims that the store is too small to have many "clerical" duties - I'm pretty sure there are no clerical duties under managerial NOCs. The store is too small to be a "manager" in the sense described by the NOC. Now the owner is refusing to provide the financial documents. How many red flags are needed? Being "manager" in name only is not going to convince IRCC.

 

[neorol]

Thanks to both of you for your answers. I think I understand the situation well now.

 

[empress14]

yes thank you for your help I have talked to a lawyer today and he also gave me that advice unfortunately he can't help me more and asked me to go to my consultant make them work..I hope someone can help me to write a letter my NOC 6215.. I'm so stressed right now.. I called my consultant (I paid them 5k to help me with my application) they told me to write a letter I want them to help me with my explanation letter but three weeks had passed already no action, no advice form them
I only have one week left .. They just collected money from me!! I feel so hopeless

 

[jes_ON]

Hi there I would like to asked for help (especially for
those have the same experience like me). I receive a letter
from VO giving me 30 days to send him an explanation letter because he is not convinced that I performed the duty of a supervisor and believes that I am just a regular staff. I have provided already a certificate of employment where my employer mentioned all my duties and responsibilities. It is a small
company and unfortunately it went bankrupt last year I have no longer contact with my employer to asked for another letter explaining detailed duties and responsibilities.
I did wrote an explanation letter but I did not send it yet because I think it not strong enough to convince the VO. I would like to ask for your help what do you think I can add more to my letter to make it more convincing. Thanks in advance

You don't need highly detailed "duties and responsibilities," you need the RIGHT duties & responsibilities that correspond with the NOC. Unless you are willing to post the list of duties and responsibilities that were in your original letter, there's not a lot we can offer.

 

[mf4361]

Thank you for your answer. It's really not fair though. If CIC really would care about the wages of immigrants they should regulate the minimum wages what employers must pay. Or warn applicants in advance not to accept those jobs. But realistically, most people with open work permits are not in the situation of negotiating their wage too much. If you ask for more, they just send you away. Employers exploit the situation.

Really not fair...

Wrong. most managers, particularly skilled type, actually hires with the expertise of the person, and are willing to negotiate wage when you are given a job offer. Some jobs are in higher demand and hence won't budge but this is also true for Canadians. Working under Open WP does not put you in disadvantages.

On the other hand, ESDC data shows the minimum wages of a certain job. If you are given such job lower than the minimum, CIC has the reason that the job is not genuine

 

[neorol]

Wrong. most managers, particularly skilled type, actually hires with the expertise of the person, and are willing to negotiate wage when you are given a job offer. Some jobs are in higher demand and hence won't budge but this is also true for Canadians. Working under Open WP does not put you in disadvantages.

On the other hand, ESDC data shows the minimum wages of a certain job. If you are given such job lower than the minimum, CIC has the reason that the job are not genuinely what it is described

Well, my experience is different. If you are on OWP it means you are spouse or PGWP holder and you are an immigrant with mostly no family and help. It puts you into a situation when you need to accept a lower wage in order to survive and stay in the country. Employers know your situation and believe me, there are many who use it against you when they negotiate your wage. All I said was that the ESDC occupational minimum wage should be mandatory for employers when they hire temporary foreign workers.

 

[mf4361]

Well, my experience is different. If you are on OWP it means you are spouse or PGWP holder and you are an immigrant with mostly no family and help. It puts you into a situation when you need to accept a lower wage in order to survive and stay in the country. Employers know your situation and believe me, there are many who use it against you when they negotiate your wage. All I said was that the ESDC occupational minimum wage should be mandatory for employers when they hire temporary foreign workers.

ESDC don't "set" a minimum for each NOC. that would be like communism. They surveyed a wide range of jobs and gets data from the field. Asking employers to follow ESDC is recursive.

Economy varies a lot by markets so YMMV. If someone wants to hire a skilled worker by exploiting a foreigner with OWP, its probably not a good idea to work for that company anyway

 

[Kittens]

Canada08

How long did they take to respond after you submitted the documents ?

 

[canada08]

Canada08

How long did they take to respond after you submitted the documents ?

It was complete 3 months to send medicals