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PR REFUSED -- URGENT! - August 2014 applicant

OhWow

Hero Member
Oct 17, 2015
545
14
Hi everyone, I cannot believe it, but yesterday, I received the email that my application for permanent residence was refused, because the officer was not satisfied with my work experience.

Here is the thing:
I have 11 months of work experience in a job that was, back in 2012, a C-Level unskilled job NOC 1452, but later in 2012, it was upgraded to a B-Level NOC 2283 skilled job and we also got paid more.

They said that the work experience prior to the change was retroactively considered a B-Level skilled work experience.

Later, in 2014 I returned to Canada to work in the same position under NOC 2283.

As soon as I had my 12 months of work experience, I applied under CEC in August 2014.

The officer says that I do not meet the requirements, because on my first work permit, he read that I was working in a C-Level level unskilled job and therefore have not 12 months of work experience in a skilled position and was unauthorized to work in the position, which is not true. At the time, nobody really knew how to categorize the job (linguistic video game tester) correctly until the government finally found perfect NOC for it and made it a B-level.

In my application letter, I wrote, however, that back in 2012, the position had been retroactively upgraded to a B-level.

I don't know what to do. I was suggested to call the local MP to help me and/or ask an immigration lawyer that are so expensive.

Alternatively, I now also have altogether 19 months of work experience under NOC 2283 and NOC 2171 and could re-apply under Express Entry.

I am scared that I have to leave Canada and give up everything that I worked so hard for. Especially now that my career has become what I had always been striving for since I was a little kid. I don't understand why the honest and hard working people always get punished. 2016 had been nothing but bad to me so far. What can I do?
 

scylla

VIP Member
Jun 8, 2010
93,397
20,754
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
What exactly happened? Did you first have a closed work permit based on NOC 1452 and then later upgraded your work permit to NOC 2283?

Who said that the work experience prior to the change was retroactively considered B-level skilled work experience? Did your employer say this or did CIC say this?
 

KKMONKEY

Full Member
May 13, 2014
20
0
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
Sep-10-2014
AOR Received.
Jan-22-2015
Med's Request
Upfront
Passport Req..
March-15-2016
LANDED..........
April-10-2016
Honestly, I would spend the money and get a real good lawyer. Lose some money is better than lose everything at this point. Good Luck !
 

OhWow

Hero Member
Oct 17, 2015
545
14
scylla said:
What exactly happened? Did you first have a closed work permit based on NOC 1452 and then later upgraded your work permit to NOC 2283?

Who said that the work experience prior to the change was retroactively considered B-level skilled work experience? Did your employer say this or did CIC say this?
2012 - 2013 I was with Company A on a closed work permit with NOC 1452 (C-level). The NOC/Job position was later in 2012 upgraded, but my work permit was never changed. The company always said it was retroactive; one of them also dealt with immigration.

2014 - 2015 I was with another Company B on a closed work permit with NOC 2283 (B-level), which was, however, the EXACT SAME job including the same duties everything.
 

msingh199

Hero Member
Nov 21, 2014
354
29
Job Offer........
Pre-Assessed..
OhWow said:
Hi everyone, I cannot believe it, but yesterday, I received the email that my application for permanent residence was refused, because the officer was not satisfied with my work experience.

Here is the thing:
I have 11 months of work experience in a job that was, back in 2012, a C-Level unskilled job NOC 1452, but later in 2012, it was upgraded to a B-Level NOC 2283 skilled job and we also got paid more.

They said that the work experience prior to the change was retroactively considered a B-Level skilled work experience.

Later, in 2014 I returned to Canada to work in the same position under NOC 2283.

As soon as I had my 12 months of work experience, I applied under CEC in August 2014.

The officer says that I do not meet the requirements, because on my first work permit, he read that I was working in a C-Level level unskilled job and therefore have not 12 months of work experience in a skilled position and was unauthorized to work in the position, which is not true. At the time, nobody really knew how to categorize the job (linguistic video game tester) correctly until the government finally found perfect NOC for it and made it a B-level.

In my application letter, I wrote, however, that back in 2012, the position had been retroactively upgraded to a B-level.

I don't know what to do. I was suggested to call the local MP to help me and/or ask an immigration lawyer that are so expensive.

Alternatively, I now also have altogether 19 months of work experience under NOC 2283 and NOC 2171 and could re-apply under Express Entry.

I am scared that I have to leave Canada and give up everything that I worked so hard for. Especially now that my career has become what I had always been striving for since I was a little kid. I don't understand why the honest and hard working people always get punished. 2016 had been nothing but bad to me so far. What can I do?




So sorry Bro,,,that really hurts after long wait. I Pray everything should get sort out hopefully.....
 

nuke noodles

Hero Member
Sep 4, 2014
274
5
Category........
NOC Code......
2133
Job Offer........
Pre-Assessed..
App. Filed.......
CEC filed 09-22-2014
Nomination.....
PNP filed 01-2014, nominated 06-2015. EE-ITA 01-2016
AOR Received.
CEC-AOR 02-04-2015, EE-AOR 02-2016
Med's Done....
EE Medical Passed 02-2016. ECAS MER 03-14-2016.
Passport Req..
PPR 2016-04-06, DM 2016-04-08
VISA ISSUED...
2016-04-12
LANDED..........
2016-05-22
Please re-apply to express entry. Based on your work experience I feel you have a good chance to get invitation under EE and FSW. Hire a immigration consultant if you need it; note that a consultant regulated by the "iccrc" is different than a lawyer and consultants usually charge less for service.
On a side note, FUK cic.
 

Tonimir

Hero Member
Oct 6, 2014
236
62
Toronto
I'm really sorry for this turn of events :(

What NOC you used for the PR application and what is the DURATION of experience you have in the NOC mentioned in the Application?
 

OhWow

Hero Member
Oct 17, 2015
545
14
Tonimir said:
I'm really sorry for this turn of events :(

What NOC you used for the PR application and what is the DURATION of experience you have in the NOC mentioned in the Application?
Please see posts above.

In my opinion this is all a big misunderstanding.
 

Tonimir

Hero Member
Oct 6, 2014
236
62
Toronto
OhWow said:
Please see posts above.

In my opinion this is all a big misunderstanding.
So when you said:
Later, in 2014 I returned to Canada to work in the same position under NOC 2283.
As soon as I had my 12 months of work experience, I applied under CEC in August 2014.
Means, I presume, that you have applied under NOC 2283 with experience more than 12 months. correct?

It is really very important what is written in the employment letter. I remember I made the HR to write specifically the NOC in the employment letter, with the start date, which was covering more than 12 months.

I also believe it is some sort of a misunderstanding from the officer. Double check your paper, that you sent them, maybe consult with a lawyer and quickly make a case specific inquiry , where you can explain your situation.

It happened in the past , applications gets refuse and later re-opened and finally accepted. So don't give up and make sure you fight it!
 
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OhWow

Hero Member
Oct 17, 2015
545
14
nuke noodles said:
Please re-apply to express entry. Based on your work experience I feel you have a good chance to get invitation under EE and FSW. Hire a immigration consultant if you need it; note that a consultant regulated by the "iccrc" is different than a lawyer and consultants usually charge less for service.
On a side note, FUK cic.
I wanted to create my Express Entry profile, but I am uncertain what I should enter as NOC in the work experience.
Should I keep NOC 1452 for my first work experience, which is now actually NOC 2283?

However, I do have enough work experience for whatever came AFTER NOC 1452. I have 1 year of experience under a closed work permit with NOC 2283 and 7 months of experience under a BOWP with which I worked in a NOC 2171 position.
 

OhWow

Hero Member
Oct 17, 2015
545
14
Tonimir said:
So when you said:
Means, I presume, that you have applied under NOC 2283 with experience more than 12 months. correct?

It is really very important what is written in the employment letter. I remember I made the HR to write specifically the NOC in the employment letter, with the start date, which was covering more than 12 months.

I also believe it is some sort of a misunderstanding from the officer. Double check your paper, that you sent them, maybe consult with a lawyer and quickly make a case specific inquiry , where you can explain your situation.

It happened in the past , applications gets refuse and later re-opened and finally accepted. So don't give up and make sure you fight it!
I have an appointment with a lawyer on Friday.

I do not want to contact CIC myself, as I am afraid, this could cause more damage.

I asked my first employer for a more detailed letter of employment with my duties.
 

hopefulexpat

Full Member
Jan 6, 2016
34
3
Hi friend, so sorry to hear this terrible news. I’m a lawyer and would be willing to help you (for free of course). I am not an immigration lawyer but I could definitely offer some advice. Feel free to message me.
Good luck!
 
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andy103

Star Member
Aug 8, 2015
76
1
very sorry to hear about this :( i would recommend you to appeal to this ... ive seen many cases go against CIC when ur dcumentation is correct justmake sure you get a good lawyer till the time you appeal it should be fineitmay take time but ifu have documentation then u will get PR ... hope you get this your way
 
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copr

Star Member
Jun 18, 2015
177
4
Job Offer........
Pre-Assessed..
LANDED..........
<a href="http://daisypath.com/"><img src="http://dvcm.daisypath.com/ozj0m4.png" width="200" height="80" border="0" alt="Daisypath Vacation tickers" /></a>
OhWow said:
I wanted to create my Express Entry profile, but I am uncertain what I should enter as NOC in the work experience.
Should I keep NOC 1452 for my first work experience, which is now actually NOC 2283?

However, I do have enough work experience for whatever came AFTER NOC 1452. I have 1 year of experience under a closed work permit with NOC 2283 and 7 months of experience under a BOWP with which I worked in a NOC 2171 position.
timelines???
 

j.lynnbrant1987

Hero Member
Dec 7, 2015
266
2
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
May 2014
Doc's Request.
11-19-2015
AOR Received.
07-28-2014
Med's Done....
Feb 6 2015
Passport Req..
Visa Exempt - Decision Made: 02/09/2016
I'm really sorry to hear about this!! You've been waiting so long.

This is a good example for others who are asking, of why paying RPRF and doing meds upfront is a bad idea...you can't tell if they're working on your file or not or if theres any real progress on it until you get a refusal e-mail.