I got a refusal which CIC based on the lack of 24 months employment experience. BUT IN FACT I only needed 12 months of work experience as I graduated from the Canadian educational institution. The officer didn't look into my application/documents properly and considered me as a skilled worker with 24 months work experience but I was applying under the Post-Graduate Stream (1 year studying + 1 year work experience). Here is the original letter from CIC:
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:
· knowledge of English or French,
· Canadian skilled work experience,
· Canadian educational credentials (for the Post-Graduation Stream only).
Your application was assessed based on the occupation which you identified as part of your skilled work experience in Canada: NOC 0124 Marketing Manager.
I am not satisfied that you meet the skilled work experience requirement because I am not satisfied that you have acquired at least 24 months of full time work experience before the date of application, in an occupation listed as a NOC O, A, or B skill level. Your employment letter from ABC indicates you worked less than 18 months. Your employment letter from XYZ does not indicate the hours you worked and it did not specify any duties. As a result, I am not satisfied that you have the required length of experience and that you have performed NOC 0124 as defined by the lead statement and main duties of the National Occupational Classification matrix.
The officer mentioned my previous Employer XYZ whom I didn’t even include into my work experience as I only needed 12 month and at the moment I applied I had almost 18 months with my current Employer ABC. The reason why I didn’t want to include the XYZ Employer was that XYZ was a very small company and I know that my ex boss had problems with Canada Revenue because he didn’t pay taxes. I never included XYZ letter of employment but the officer mentioned one in the refusal email. I only provided a reference letter from XYZ.
I talked to my lawyer and she is sending the reconsideration letter to CIC today because it is clearly a mistake on their end. I did include the official transcript as well as the post-grad certificate but the officer didn't even mention it.
Do you guys think there is a chance for my application to be revised/reconsidered?
Thanks!
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:
· knowledge of English or French,
· Canadian skilled work experience,
· Canadian educational credentials (for the Post-Graduation Stream only).
Your application was assessed based on the occupation which you identified as part of your skilled work experience in Canada: NOC 0124 Marketing Manager.
I am not satisfied that you meet the skilled work experience requirement because I am not satisfied that you have acquired at least 24 months of full time work experience before the date of application, in an occupation listed as a NOC O, A, or B skill level. Your employment letter from ABC indicates you worked less than 18 months. Your employment letter from XYZ does not indicate the hours you worked and it did not specify any duties. As a result, I am not satisfied that you have the required length of experience and that you have performed NOC 0124 as defined by the lead statement and main duties of the National Occupational Classification matrix.
The officer mentioned my previous Employer XYZ whom I didn’t even include into my work experience as I only needed 12 month and at the moment I applied I had almost 18 months with my current Employer ABC. The reason why I didn’t want to include the XYZ Employer was that XYZ was a very small company and I know that my ex boss had problems with Canada Revenue because he didn’t pay taxes. I never included XYZ letter of employment but the officer mentioned one in the refusal email. I only provided a reference letter from XYZ.
I talked to my lawyer and she is sending the reconsideration letter to CIC today because it is clearly a mistake on their end. I did include the official transcript as well as the post-grad certificate but the officer didn't even mention it.
Do you guys think there is a chance for my application to be revised/reconsidered?
Thanks!
