CEC PR application rejected, reapply in new category

[nis4]

Hi all,

One of my friend's PR application under CEC recently got rejected on the grounds that the nature of the business does not comply with the duties he citied in the NOC category he applied under.

He realizes now that he should have applied in another category, which was more compliant with his duties and the nature of the employer's business.

I want to know if he can actually reapply under Express Entry under new NOC category? Because if he can , he easily is beyond the current cut-off and has good chances of getting an invitation.

If yes, I have two follow-up questions :-

1) He will be citing new responsibilities under this new category, which is very different from previous one :- System Administrator (old) Warehouse Supervisor (considering now) . These duties are not bloated to match the description but actually a big part of his work experience . Does that still seem like a risk because it could red flag the application in some sense?

2) Can he apply under Federal Skilled Worker Category? His work ex is in Canada.

Any suggestions/opinions are welcome at this point.

Thanks!

 

[scylla]

CIC will certainly look at your old application when reviewing your new application. If you are going to be citing very different responsibilities in the new application vs. what you cited in the old, this could certainly cause a problem. So yes - it's absolutely a risk. Did you misrepresent your job responsibilities in your first application? If CIC has concerns about the old responsibilities vs. the new - it may be difficult to overcome this. Anyway, the right thing to do is to be truthful in the new application and hope for the best.

Yes - you can apply under FSW.

 

[nis4]

Thanks for the quick reply!

No, the responsibilities were not misrepresented. It was more a problem of the scale. He did the system admin work at that place, but the employers' business itself was not representative of the scale that is expected from a business which would need that position.

So , its unfortunate that even after citing the work truthfully, he had to face a rejection as they felt the business never needed a sys admin in the first place. So yes, CIC does suspect the duties were misrepresented in some manner.

You are right, it might be a risk to apply under new category now. Not sure if you might be aware, but do you think this could impact his application with other countries as well (for eg: if he applies under the new category for Australia)

 

[nis4]

Hi,

Can anybody suggest any next steps we could take?
We are clueless about what to do now.
Is getting an LMIA approved job offer and applying in EE a way out?

 

[jes_ON]

Can anybody suggest any next steps we could take?
We are clueless about what to do now.
Is getting an LMIA approved job offer and applying in EE a way out?

If he already meets the score threshold for getting an invitiation to apply (ITA), the LMIA will not offer any greater benefit - of course, if he needs an LMIA to extend his work permit before getting another AOR, then it certainly won't hurt!

He can re-apply under express entry. He has to qualify for one of the programs (FSW, CEC) but CIC will tell you which program you qualify under, and then you apply to that program.

It's OK to change the NOC, since the previous application was rejected based on a bad fit with the NOC. It is a rather drastic change in job category, but moving forward, it's much better to correct past mistakes than repeating them or making new ones. There might be some red flags and more thorough vetting, but as long as the application is verifiable, accurate, truthful, and he meets the criteria, it should turn out OK.

He could try for a provincial nomination, but all of the economic class applications essentially rely on work experience, so the concerns would be more or less the same.

But the only alternatives would be qualifying under a different class (e.g. family class) or leaving Canada, so there's nothing to lose in trying again ...