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Application Rejected !!!!!

temp123

Member
Sep 23, 2014
12
0
yixiaop26 said:
could you post the email here ?

it is really not right for the CIC to object case like this, if everything is right.


your work permit is NOC B or NOC A
Yes. Below is the refusal email from CIC.
------------------------------------------------
Dear XXXX:

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:

* temporary resident status during the period of work experience in Canada and any period of full time study or training,
* meeting the minimum language proficiency threshold in either English or French, and
* qualifying Canadian skilled work experience.
Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada.

I am not satisfied that you meet the official language proficiency requirement because you did not obtain the required score on your language test.

You are required to have Canadian Language Benchmarks (CLBs) 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:
(a link is provided here, but I deleted because i'm not allowed to post links in this forum. I don't know why...)

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.

The decision communicated in this letter constitutes the definitive and final decision on your present application. Your application will be retained, under current Government of Canada file retention guidelines, for a period of two years. Your application forms and supporting documents will not be returned to you. If you should submit a new application it would require new fees and documentation and would need to meet all the requirements in effect at the time the application is submitted.
Thank you for the interest you have shown in Canada.

Yours sincerely,

Case Officer
Citizenship and Immigration Canada
 

yixiaop26

Hero Member
Jul 22, 2014
932
6
Job Offer........
Pre-Assessed..
temp123 said:
Yes. Below is the refusal email from CIC.
------------------------------------------------
Dear XXXX:

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:

* temporary resident status during the period of work experience in Canada and any period of full time study or training,
* meeting the minimum language proficiency threshold in either English or French, and
* qualifying Canadian skilled work experience.
Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada.

I am not satisfied that you meet the official language proficiency requirement because you did not obtain the required score on your language test.

You are required to have Canadian Language Benchmarks (CLBs) 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:
(a link is provided here, but I deleted because i'm not allowed to post links in this forum. I don't know why...)

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.

The decision communicated in this letter constitutes the definitive and final decision on your present application. Your application will be retained, under current Government of Canada file retention guidelines, for a period of two years. Your application forms and supporting documents will not be returned to you. If you should submit a new application it would require new fees and documentation and would need to meet all the requirements in effect at the time the application is submitted.
Thank you for the interest you have shown in Canada.

Yours sincerely,

Case Officer
Citizenship and Immigration Canada

ok, it is very directly, then what's your english result ? and what's your job title and noc code, and duties.

if they think your duties is noc A or O , then it will be treated as A or O , even you said it is B.

or some other place in work permit , it is A or O noc code, it will be still A or O.

so we firstly have to clear, nothing wrong for the english result match

and nothing wrong with your noc code is B not O or A.
 

LPS

Champion Member
Aug 7, 2013
1,250
37
Category........
Visa Office......
CPC-O
NOC Code......
2174
Job Offer........
Pre-Assessed..
App. Filed.......
06-08-2013
AOR Received.
07-10-2013
Med's Request
07-03-2014
Med's Done....
26-03-2014
LANDED..........
09-04-2014
^ Hm - so they have not disagreed with the NOC code you applied in.

yixiaop26 said:
if they think your duties is noc A or O , then it will be treated as A or O , even you said it is B.
If so then the refusal letter almost certainly would have said this. We have seen many refusal letters on here where the processing officer did not accept the NOC code that the applicant applied with, and explained their reasoning for choosing a different NOC code.

In this case, the only refusal reason is that the language results were not good enough.

My guess is that one of the following is true
- the officer did indeed make a mistake
- the OP is mistaken about what NOC level his/her occupation is

What's the NOC code?
 

yixiaop26

Hero Member
Jul 22, 2014
932
6
Job Offer........
Pre-Assessed..
LPS said:
^ Hm - so they have not disagreed with the NOC code you applied in.

If so then the refusal letter almost certainly would have said this. We have seen many refusal letters on here where the processing officer did not accept the NOC code that the applicant applied with, and explained their reasoning for choosing a different NOC code.

In this case, the only refusal reason is that the language results were not good enough.

My guess is that one of the following is true
- the officer did indeed make a mistake
- the OP is mistaken about what NOC level his/her occupation is

What's the NOC code?

yes, I done a lot of search in google, I only found NOC A reject with language like this,

I didn't find case rejected with NOC B with above language.

are you sure the NOC you applied is B not A ?????
 

temp123

Member
Sep 23, 2014
12
0
Thank you all for your responses.

1)Work permit title : Open work permit
2)My NOC category: 4217 Other Religious Occupations (NOC B)
3)My Job title : Religious education worker (belongs to the example titles of NOC 4217)
4)Job duties in reference letter:
provide religious education, spiritual guidance and moral support to XXX
Assist worship services in order, inviting and welcoming guest speakers
Lead and organize bible camps
Organize and lead regular bible study according to the curriculum
...
5)English result: listening 5.5,reading 4,writing 5.5, speaking 5.5

Job duties of NOC 4217 are as follows:
*Assist at services of public worship and religious rites
*Provide religious education, spiritual guidance and moral support to members of a religious community
*Administer programs providing food, clothing and shelter.

I think the duty description in my reference letter matches NOC 4217. I couldn't find what is wrong in my application.......
 

yixiaop26

Hero Member
Jul 22, 2014
932
6
Job Offer........
Pre-Assessed..
temp123 said:
Thank you all for your responses.

1)Work permit title : Open work permit
2)My NOC category: 4217 Other Religious Occupations (NOC B)
3)My Job title : Religious education worker (belongs to the example titles of NOC 4217)
4)Job duties in reference letter:
provide religious education, spiritual guidance and moral support to XXX
Assist worship services in order, inviting and welcoming guest speakers
Lead and organize bible camps
Organize and lead regular bible study according to the curriculum
...
5)English result: listening 5.5,reading 4,writing 5.5, speaking 5.5

Job duties of NOC 4217 are as follows:
*Assist at services of public worship and religious rites
*Provide religious education, spiritual guidance and moral support to members of a religious community
*Administer programs providing food, clothing and shelter.

I think the duty description in my reference letter matches NOC 4217. I couldn't find what is wrong in my application.......
me too. it is sadly that the officer made such big mistake,

I am not sure they will reply with you or not,

above english is your IELTS result , right ?

if so , CLB 5 you obviously have arrived.

Maybe ask lawyer is the only way to get their attention now.

please anyone else give suggestion , you can try to mail someone in this forum who is very experienced to get some suggestion.

like someone who have posted 1000 more.
 

yixiaop26

Hero Member
Jul 22, 2014
932
6
Job Offer........
Pre-Assessed..
temp123 said:
Thank you all for your responses.

1)Work permit title : Open work permit
2)My NOC category: 4217 Other Religious Occupations (NOC B)
3)My Job title : Religious education worker (belongs to the example titles of NOC 4217)
4)Job duties in reference letter:
provide religious education, spiritual guidance and moral support to XXX
Assist worship services in order, inviting and welcoming guest speakers
Lead and organize bible camps
Organize and lead regular bible study according to the curriculum
...
5)English result: listening 5.5,reading 4,writing 5.5, speaking 5.5

Job duties of NOC 4217 are as follows:
*Assist at services of public worship and religious rites
*Provide religious education, spiritual guidance and moral support to members of a religious community
*Administer programs providing food, clothing and shelter.

I think the duty description in my reference letter matches NOC 4217. I couldn't find what is wrong in my application.......

so one more question , you didn't mention 4217 in your letter ? if so any other similar NOC A similar with your current one ?
 

LPS

Champion Member
Aug 7, 2013
1,250
37
Category........
Visa Office......
CPC-O
NOC Code......
2174
Job Offer........
Pre-Assessed..
App. Filed.......
06-08-2013
AOR Received.
07-10-2013
Med's Request
07-03-2014
Med's Done....
26-03-2014
LANDED..........
09-04-2014
^ It is the refusal letter that doesn't mention NOC code 4217. We can assume that the processing officer does not dispute the NOC code indicated on the OP's Schedule 8 (Canadian Experience Class) form and supporting documentation.

The IELTS results meet CLB 5 which is good enough for NOC level B.

And the OP has not claimed work experience in any other jobs that might fall into NOC 0/A.

From the information we have, it looks like the officer has mistakenly believed 4217 to be a NOC 0 or A occupation...
 

unfrgvn

Star Member
Dec 3, 2012
51
0
May be the VO has assumed you to be NOC 4154 which has the below duties:

Ministers of religion perform some or all of the following duties:

Conduct regular religious services

Administer rites of faiths such as marriages and funerals

Pray and promote spirituality by delivering sermons and other talks

Provide spiritual and moral guidance to members of a religious faith

Supervise, plan and administer programs of religious education

May participate in humanitarian endeavours, social services and welfare activities

May share in the administrative and financial operation of a religious community

May provide consultation services to government and other organizations.
 

Cabalen

Champion Member
Apr 28, 2011
1,200
51
Kitchener, Ontario
Category........
Visa Office......
CPC-O
NOC Code......
2132
Job Offer........
Pre-Assessed..
App. Filed.......
14-04-2014
AOR Received.
08-05-2014
Med's Request
05-11-2014
Med's Done....
06-11-2014
Passport Req..
27-02-2015
VISA ISSUED...
09-03-2015
LANDED..........
21-03-2015
Just curious... will it be worthwhile to apply for GCMS?

There are comments in GCMS that might enlighten the VO's decision. I know it will take a month or so but you can do this while your are working on your next plan of action.
 

ZingyDNA

Champion Member
Aug 12, 2013
1,252
185
Category........
Visa Office......
CPP-Ottawa
NOC Code......
2111
Job Offer........
Pre-Assessed..
App. Filed.......
28-06-2013
AOR Received.
28-08-2013
IELTS Request
Sent with Application
Med's Request
21-02-2014 (principal applicant)
Med's Done....
07-03-2014 (both, upfront for spouse)
Passport Req..
10-04-2014
VISA ISSUED...
22-04-2014
LANDED..........
13-06-2014
LPS said:
^ It is the refusal letter that doesn't mention NOC code 4217. We can assume that the processing officer does not dispute the NOC code indicated on the OP's Schedule 8 (Canadian Experience Class) form and supporting documentation.

The IELTS results meet CLB 5 which is good enough for NOC level B.

And the OP has not claimed work experience in any other jobs that might fall into NOC 0/A.

From the information we have, it looks like the officer has mistakenly believed 4217 to be a NOC 0 or A occupation...
I agree with this. I'm afraid re-application is the only way out of this... It's just bad luck to meet this VO. :mad:
 

temp123

Member
Sep 23, 2014
12
0
unfrgvn said:
May be the VO has assumed you to be NOC 4154 which has the below duties:

Ministers of religion perform some or all of the following duties:

Conduct regular religious services

Administer rites of faiths such as marriages and funerals

Pray and promote spirituality by delivering sermons and other talks

Provide spiritual and moral guidance to members of a religious faith

Supervise, plan and administer programs of religious education

May participate in humanitarian endeavours, social services and welfare activities

May share in the administrative and financial operation of a religious community

May provide consultation services to government and other organizations.
It VO did, I can't totally understand why my job duties can be regarded as 4154(minister), because my application clearly says that my category is 4217, and my job duties match 4217 so close (the first sentence in my job duties are exactly the same). My job title also definitely belongs to 4217.
I didn't mention the word "minister" in any of my application.
 

ganapathi

Hero Member
Jan 30, 2014
646
15
Category........
NOC Code......
2171
Job Offer........
Pre-Assessed..
App. Filed.......
22-04-2014
AOR Received.
29-05-2014
Med's Request
10-02-2015
Med's Done....
04-03-2015
Passport Req..
29-04-2015
VISA ISSUED...
11-05-2015
LANDED..........
16-05-2015
I feel like contact ur local Mp and discuss the case with him.He might find a solution for this.
 

temp123

Member
Sep 23, 2014
12
0
Cabalen said:
Just curious... will it be worthwhile to apply for GCMS?

There are comments in GCMS that might enlighten the VO's decision. I know it will take a month or so but you can do this while your are working on your next plan of action.
Yes, I applied for GCMS yesterday.
 

unfrgvn

Star Member
Dec 3, 2012
51
0
temp123 said:
It VO did, I can't totally understand why my job duties can be regarded as 4154(minister), because my application clearly says that my category is 4217, and my job duties match 4217 so close (the first sentence in my job duties are exactly the same). My job title also definitely belongs to 4217.
I didn't mention the word "minister" in any of my application.
I understand your frustration. You should see your GCMS notes and then take it from there. But what I am seeing here is 4154 has also this similar duty " Provide spiritual and moral guidance to members of a religious faith" which by the way is also present in 4217 as "Provide religious education, spiritual guidance and moral support to members of a religious community".
This is just my guess that the VO has considered you as 4154 as oppose to 4217.