CEC Refused!...Please help!!

[CECME]

Hi guys,

• Have work for 15 months- May 2010-July 2011
• Applied in Nov 2011
• Got rejected last week Jan 23
• Reason: The duties and salary listed in your letter of reference are not consistent with NOC 0611
• Salary: $12/per hr( Lawyer said the salary should not be an issue)

Just heard a bad news from my lawyer said that my application has been rejected.
“I am not satisfied that you meet the skilled work experience requirement because you have failed to demonstrate that you have acquired one year of full-time employment in Canada at a National Occupational Classification of type 0 or level A or B in the last two years prior to the submission of your application and after having obtained your Canadian educational credential. The duties and salary listed in your letter of reference are not consistent with NOC 0611”
Now my lawyer gave me 3 options since my VISA will be expired in Dec this year
1. Appeal. But first she will try to contact them and explain my company situation( a small and relatively new company)
2. Re-apply ECE then maybe change the job title?
3. Get married with my long time girl friend( which is the last option for me)

I need you guys’ suggestions coz i dont know if i can still trust my lawyer anymore. She didnt even know how to convert the IELTS score, which made me do the exam twice before my friend told me my first score was high enough. Now the biggest problem i have is that my passport will expire at the end of year, i must find a way to get my PR before it expires; otherwise, i have to go back my country for the army.

Your helps and suggestions will be huge and truly appreciated.

 

[TRUONGAN]

Hi guys,

• Have work for 15 months- May 2010-July 2011
• Applied in Nov 2011
• Got rejected last week Jan 23
• Reason: The duties and salary listed in your letter of reference are not consistent with NOC 0611
• Salary: $12/per hr( Lawyer said the salary should not be an issue)

Just heard a bad news from my lawyer said that my application has been rejected.
“I am not satisfied that you meet the skilled work experience requirement because you have failed to demonstrate that you have acquired one year of full-time employment in Canada at a National Occupational Classification of type 0 or level A or B in the last two years prior to the submission of your application and after having obtained your Canadian educational credential. The duties and salary listed in your letter of reference are not consistent with NOC 0611”
Now my lawyer gave me 3 options since my VISA will be expired in Dec this year
1. Appeal. But first she will try to contact them and explain my company situation( a small and relatively new company)
2. Re-apply ECE then maybe change the job title?
3. Get married with my long time girl friend( which is the last option for me)

I need you guys' suggestions coz i dont know if i can still trust my lawyer anymore. She didnt even know how to convert the IELTS score, which made me do the exam twice before my friend told me my first score was high enough. Now the biggest problem i have is that my passport will expire at the end of year, i must find a way to get my PR before it expires; otherwise, i have to go back my country for the army.

Your helps and suggestions will be huge and truly appreciated.

Your lawyer may not be experienced enough in immigration field to handle your case. I am not saying he's not a good lawyer nor honest, but for someone practicing in immigration field that doesn't know about NOC and salary matching - leading to the refusal for his client - then I wouldn't rely on him the second time. FYI, at some lawyer offices, the one who actually do the job are clerks, not the lawyers themselves, and they charge you lawyer rate.

Any immigration application can be done by oneself easily!

Many lawyers lack of immigration knowledge and experiences, even less than senior members in this forum.

 

[CECME]

I totally get what you meant!! however, i have already made 2 of my payment out for 3 total. If i dont continue using her service, i felt im just throwing my money away...

 

[spartan18]

Sorry for your rejection bud. 0611 is level 0 managers and ur pay is not at all matching to that level. Coz the min pay is around $16. Are you planning to apply again?

 

[mikedota]

Sorry for your rejection. I wish you all the best

 

[veri]

So sorry to hear that. I would not trust the person anymore cause it might cost you the possibility to stay in Canada if she screws another application up. Can you file some complaint? She did not do her job the way she was supposed to.

 

[CECME]

Sorry for your rejection bud. 0611 is level 0 managers and ur pay is not at all matching to that level. Coz the min pay is around $16. Are you planning to apply again?

Yes, i would love to re-apply again if possible. However, i have no club what can i change from my old application. Maybe the main duties description? any suggestion??

 

[CECME]

So sorry to hear that. I would not trust the person anymore cause it might cost you the possibility to stay in Canada if she screws another application up. Can you file some complaint? She did not do her job the way she was supposed to.

according to her explanation: immigration officers usually dont pay much attention on the salary until they recently sent all the cases to Ottawa office, then it becomes more strict...What she is going to do for me is that she is going to write them an email to prove i have done all the main duties if not more, but our company is quite small and relatively new, my salary does fit into low average for 0611, which is 12. However, she's not sure if they will even be willing to listen to all our explanation...

right now there are just some many things in my head, i dont even know who or what i can really listen to now...

 

[veri]

Yeah, I can understand your frustration. She might try to contact them, I guess it is not gonna do any harm but most probably they won`t change their minds since they usually do not care. I would not appeal cause it takes too long, much longer then reapplying so do not do it. I would try to reapply as soon as possible so that you do not loose too much time. For sure you can not change the salary but I would definitely work on the reference letter, seems like they did not like the job description, just compare your job description to the one they have for your NOC at their website and make sure that it matches their description as much as possible, that is what they are looking for. Be strong and keep your faith. All the best.

 

[spartan18]

Well I am not that experienced to solve your case but i insist you to ask pmm, jes_on, umairz, senoritabella etc and qorax(federal skill section) n other seniors. You will get some solution for sure. I thin they primarily judged you on ur pay. Lie a manager gettin that low ay n stuff. Try working on that .

 

[smithcanada]

I don't understand how they can reject you based on salary. It is no where in the CEC requirements. I don't know how you would get in touch with them but it might be worth a shot to ask them why your salary was referenced as a reason for rejection.
Salaries for the same role differ dramatically across regions and company size. This is pretty shocking.

 

[SenoritaBella]

From reading the letter, 3 things stand out:

1. they either think you did not have 1 year work experience when you applied;
2. the job is not at skill level O, A or B; or
3. your main duties and responsibilities are not consistent with NOC 0611

Job titles can be misleading sometimes but "main duties" tell the real story. So try to find an NOC that best describes your duties. If you have any training certificates, certificates of attendance at seminars/meetings, etc that are related to your job, include copies with your application.

As for the lawyer, I suppose there is no harm in using her services since you still have to pay one more installment, but stay on top of things and verify everything. You can even follow the CEC guide and do it yourself.

Since your passport is still good until end of year, why don't you can begin the renewal process now? Get a notarized copy of your passport before you send it for renewal.

 

[ALM123]

Hi guyz
I am a self employed right now. I am going to complete my Masters in April 2012. The company where i work is small. I talked to my manager/owner of the company if he could take me on a payroll which would help me in getting my canadian experience, He said he is going to look into it. My occupation lies in NOC list which qualifies for the canadian experience. But i am not sure if you work in a small company does that affect the immigration process. Suppose if I get t4 and i work 37.5 hours/week for an year, am i eligible to apply for canadian experience class. I am worried about the scale of the company it is small that is why i am not sure if i should be looking for another job or stick here. I feel comfortable here and there is alot to learn.

 

[bravosix]

That's sad to hear.

Why should it matter? Is not like you are working illegally or will be stuck with that salary for the rest of your life. However, I could see them saying that employers won't hire Canadians because there are foreign workers willing to do it for less money, meaning no jobs for Canadians?

I hope I don't go through this when I apply. My job title is skill level 0 (retail managment code 0621) but my duties are skill level B (retail supervisor code 6211) so I'm going with code 6211. I make $14.43 hourly on a salary contract (40 hours per week) ... Any thoughts?

 

[Islington]

Hi,

I'm planning to apply in April, I have 3 years of experience under NOC 1241 (Administrative Secretary) and I have an open work permit. My salary is 14 per hour but I've just received a raise 2 weeks ago. Before it was $ 12 per hr...How can I avoid a refusal becasue of the salary...I'm afraid they will tell me the same, that my NOC title does not match my salary (my salary should be around $ 20 per hiur)...Even if my boss will give me a good reference letter....This is unfair...I mean I really do what I do, my salary is not my fault...I'm happy to work.Any suggestions?

Thanks