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No Financial Obligation letter requested.

Discussion in 'Canadian Experience Class' started by cecapp369, Dec 16, 2011.

  1. Hi All,
    I have sent my application with almost all documents (except my spouse's Police clearance certificate) on 11th Oct 2011 to Buffalo office. My application was transferred to Ottawa Pilot a week ago and today I have received a mail from them requesting the following document.

    Please provide a letter written by your employer, SO AND SO COMPANY., addressed to us indicating that you will have no further financial obligations to them upon obtaining permanent residence. This must be received at this office by: 01/16/2012".

    I am working for an Indian IT company and our company doesn't really support any documentation for PR purpose. That is what I have explicitly mentioned in the covering letter and I have provided the supporting documentation for my employment like Paystubs, annual increment letters, offer letter etc. As per their mail, I need to ask my HR team to provide me a letter that I have no financial obligations with my employer, upon receiving my PR. however, I cannot do that as they do not help in providing this document.

    Please advise what needs to be done in this case. I have an agreement letter between me and my employer which I can download from my company Intranet site. Can I provide the same to them while explaining that I can't provide a letter from my employer directly?

    Your help is much appreciated in this regard.
    Thank you
  2. Hello cecapp369,

    This type of document/declaration request seems to be something totally new demand from CIC.

    I searched both Canada Visa and Trackitt forums to find any similar cases, but there are none.
    I have seen doc requests reference letters or job description letters or tax (T4) etc being asked for, but nothing like this.
    Looks like they have recently changed some rules or added some additional docs of this nature.

    Can you please specify from your eCAS status, when exactly they started processing your application?

  3. Hi cecapp369 ,
    THis is so weird. Why would CIC do this? Why don't you mail back asking them to point out which requirement is this and why do they require this? I guess the real reason behind asking this is because the VO wants to verify that you have really performed all the duties that you are claiming. One of the trackitt applicants received this reason for rejection.
    ""While you have demonstrated that you have worked in Canada, you have not provided evidence from a third party, that is verifiable, to confirm the position you had, the duties and responsibilities that you performed and the time for which you did them. As a result, I am not satisfied that you performed the duties specified in the NOC 2174" .

    I think if you can somehow get that third party verification , you should be okay. You are from an Indian IT company. You must have received the client invitation letter. Did you send those? The client invitation letters usually specify the responsibilities. All the best! Mail me at bart.hotrod@gmail.com if you want to chat further.
  4. I don't think this is about job responsibilities, it is about not offering PR to a worker with a major debt obligation to a foreign company. I think it's about Canada being "friendly" to Indian businesses.

    Your agreement letter - can you PROVE that you have met the terms of the agreement? If not, CIC isn't just going to take your word for it.

    Another thing you can do is EMAIL your request for the letter to your company, and print out their response. At least you can prove you tried to get it and that they refused.

    Last option - speak to a lawyer. If they ignore your request, they might not ignore a laywer's. Depends which you want more - your job or your PR, because if you do that you may lose your job. However, it is not a requirement of CEC to remain employed, so that would not affect your application.
  5. Iam afraid CIC is just looking for a reason to reject Indian IT applicants now. They know very well that if the applicant has not provided an employer reference letter then he most certainly cannot provide the financial obligation letter either. I think only the senior manamgement in such companies can arranage for reference letters while the employees have no choice to shut up and hope for the best. C'est le vie!
    The horrible Indian IT companies win again.

    I think the CIC should clearly specify why they require the financial obligation letter. They are aware that applicants face such a situation (not able to provide reference letter) and hence, CIC gives the applicant the option of proving experience through other means. Asking for financial obligation letter has nothing to do with proving work experience. I think I am going to write to my MP about this new CIC requirement.
  6. Thank you all... Let me explain what documents I have provided them and what my Deputation agreement states when I am onsite.

    In order to prove my work experience in Canada, I have provided the following documents.
    1. All my stubs for last 20 months, my annual increment letters for the last 5 years ( I am with this employer for last 5 yrs)
    2. My bank statement for last 13 months, showing a salary credit with my employer name and last 2 yrs T4 forms.
    3. My initial offer letter when I have joined this company
    4. My Canada Invitation letter.
    5. Letters sent from my employer to Canada Immigration in New Delhi and Buffalo for my visa extensions ( New Delhi when I was coming for the first time and BUffalo, when I recently went to Buffalo for Visa extension)
    6. Letter from my client IT Manager, stating my employer, duties, roles &responsibilities and my tenure with them.
    7. An explanation letter why I couldn't provide the business card and a letter from my employer.
    I think I have submitted everything to prove my work experience in Canada.

    Coming to the deputation letter details ..... My deputation agreement letter clearly states that what are the rules I need to abide when I am onsite and the details about formalities that needs to be completed if in case I am going to quit my company. The formalities if I quit my employer, when I am onsite are...
    1. I need to give 3 months notice or serve 3 months at offshore. In most of the cases, just notice is enough ( what I have seen with my colleagues)
    2. All my exit formalities will be completed at offshore(India) only and I have to visit India for completion of these formalities.

    Apart from these, I have no financial obligations with my employer. and every one is ready to complete the above 2.

    Dear Jes_ON, referring your advise, the problem here is, I can't disclose my employer about my PR process.
    2. Though I request them, they won't provide any letter for this purpose. ( They didn't even ready to provide me an onsite experience letter/ Employment confirmation letter) FOR THIS PR PURPOSE.

    What I am thinking to CIC is to explain them the challenges in getting the letter from Employer and provide them the Onsite Deputation agreement while highlighting the terms and conditions on my exit.
    I am also planning to inform them that I can arrange a mail from my immediate supervisor confirming the challenges in getting a letter. This mail will be sent from our company official mail id. This also includes his contact number, designation etc. Just in case even if they call him, he will be responding to CIC with the details.

    Am I going in the right way? Please advise.

  7. Hi cecapp369

    Are you a canadian graduate????
  8. No, I am not a Canadian graduate.
  9. Hi cecapp369,

    Could you please let us know what all did you exactly mention in the explanation letter with regard to your employer not supporting your permanent residency ?

  10. I couldn't trace the actual version of the letter I have sent... following is the draft version of the letter....

    Dear Officer,

    I, SO AND SO, am an applicant for Permanent Residency under Canadian Experience Class and I have submitted my application along with this letter. In order to support my work experience in Canada I have provided the following documents for your perusal.

    Pay slips for the last 18 months
    My online bank statement showing the payroll transactions from my employer.
    My annual salary increment letters for the last 5 fiscal years
    My appointment letter ( when I joined this employer in 2006)
    My promotion letter
    Letter sent to Canadian High Commission in New Delhi by my employer requesting to process my work permit(2009)
    Any communication that confirms my employment with my current employer.

    I regret to inform that I cannot provide the business card and/ or a letter from my employer to further support my application. My employer is, "SO AND SO" and unfortunately they do not support personal requests of the employees. Due to the business relationship and the software services that we provide to XXX , I am deployed at one of the XXX Offices and I would be glad to provide a letter from the XXX project manager which confirms my employment with XXX through my employer "SO AND SO". I hope this information will fulfill the application requirements and allow me to apply under CEC class.

    Kindly let me know if you need any information/clarification in this regard.
  11. Hi All,

    I am planning to send the letter mentioned below for their query on "No financial obligation letter from Employer"... please share your thoughts...

    Dear Sir,

    In regards to the query that I have received on Dec 17th, pertaining to my Permanent Residency Application number XXXX, I would like to inform you that So and So Ltd do not provide any support for their employees in filing for their Permanent Residence and from seeking immigration. However, SO AND SO Ltd do not hold any employee financially and legally liable in case he/she applies and obtains immigration from Canada. In support of the above mentioned, I have attached a Deputation Agreement signed between I and SO AND SO Ltd which governs my employment, visa status and terms & conditions in Canada. Herein the agreement, SO AND SO has never mentioned any objection for an employee applying for immigration. Hence, my current employer is legally/financially not objectionable if I obtain a Permanent Residence. I request you to kindly consider my request and further process my application. Should you have any questions then please feel free to contact me.

    Does this sound OK?
  12. i still didnot get any update from CIC when i submitted the ODA agreement document, waiting for reply from CIC. You can send this mail and wait for the reply from cic.
  13. This is the reply from CIC for sending the ODA (contracts), since my company cannot provide the requested document.

    We will consider the information you have provided along with the fact that you are unable to provide us with the document we have requested of you, and we will advise you shortly as to our decision. I should point out to you that failure to comply with our requests may result in the refusal of your application.
  14. Better to get this letter if your employer does not provide that, then you may try to get an affidavit from a Lawyer indicating that after getting PR YOU DO NOT OWE ANY FINANCIAL Obligations TO YOUR EMPLOYER.

    Hope this will satisfy the concerned visa officer

  15. hi,

    i asked this query to CIC, they got irritated and clearly stated that they want only original letter from employer stating that the employer doesnt have any objections and employee doesnt have any financial obligations with the employer on obtaining the permanent residence.

    moreover they have not mentioned anything about this in any checklist or instruction guide. To proof that we have work experience in canada, we are submitting payslips, T4, notice of assessment from CRA, contracts, ODA and experience letters with business cards.

    Why are we required to submit "no obligation letter from employer" ?

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