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Got my application refused because the officer can't confirm that I have more than a year offer

Wolfpmd3

Champion Member
Apr 26, 2015
1,866
454
Canada
NOC Code......
1254
@Wolfpmd3 @legalfalcon @DEEPCUR @jes_ON @scylla Dear senior folks - I have related question on valid job offer (lmia exempt) . While filling EE profile I did not have full clarity on this one and hence I said yes. But looking at response on this thread, I think should not have answered yes to that question. I am working on a closed work permit since april 2019, and in may 2020 company has extended WP for 2 years. My project was extended for 2 years and hence company has applied extension for 2 years. However, I cannot able to prove to CIC that I have min 1 yr of job after PR will be issued.
Can you please guide me how to pursue this? My CRS scrore - 520 and cut off score was 437. Based on my understanding there are 3 options, not sure which one to choose:
1. Decline ITA and hope next draw will be CEC. my ielts is expiring on sept 8 and hence cannot take a risk
2. Proceed with Yes with whatever documentation + In LOE mention " I am a full time employee working with XYZ Canada Inc since April 2019. Recently my project has been extended because of which my employer has extended WP for two years". CIC knows that employer has to provide intended period of employment in employer compliance form and WP application.
3. Update to NO and mention in LOE this was a honest mistake from my side
I do not know how VO takes decision. whether they will simply deduct 50 pts if not satisfied (which is still fine in my case) or reject entire application. Hence I am bit concerned what to do.
I must say you guys are making tremendous contributions to this forum. Because of you guys this forum is still relevant and alive.
You shouldn't worry too much.

What they will do is deduct the 50 points, and as long as your score still is at or above the cut-off for your round of invitations there are no grounds for refusal.

Just make things easy for the officer and upload in the slot reserved for this purpose a letter briefly describing your confusion and indicate that you've chosen to proceed with the application because your CRS is still above the cutoff for your round. You're still @ 470 which is pretty good at the moment. For instance, you would have received an invitation in the most recent round where the cutoff was around 440. You could decline and wait to receive a new one, however, there is really no need to do that.
 
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blue_human

Star Member
Nov 10, 2018
55
13
Canada
Category........
CEC
Visa Office......
Vancouver
NOC Code......
2161
AOR Received.
19-01-2021
Med's Done....
09-02-2021
Hi guys, sorry just adding on to the LMIA exempt query. So if you're LMIA exempt, then you can't get the 50 pts? Or you just need to show that you're exempt (aside from the other requirements) then you're OK?
 

lostinquebec

Hero Member
Feb 8, 2019
318
92

Rahul81

Hero Member
Jun 2, 2020
376
178
There are kind of requirements like one year employment but if you are full time employee and these words are used generally they consider employment period as indeterminate , so make sure your employment says this fact explicitly
 

maxmeomeo

Star Member
Aug 13, 2020
143
38
In m
Hello Magjo,

Can you please help? I want to claim 50 points, I have offer letter valid for more than 2 years, I am on ICT and have already completed 1 year in Canada.
Catch is my offer letter does not state 1 year after PR, though its implied(since its for total 3+ years and 2 years are still left).

Can you guide? if i shall be able to claim 50 points?
Hello Magjo,

Can you please help? I want to claim 50 points, I have offer letter valid for more than 2 years, I am on ICT and have already completed 1 year in Canada.
Catch is my offer letter does not state 1 year after PR, though its implied(since its for total 3+ years and 2 years are still left).

Can you guide? if i shall be able to claim 50 points?
In my opinion, you can't, unless the job offer specifically stated that they will guarantee you will work with them 1 year since getting PR, or you will have this as permanent job. You can't expect IRCC officer to imply like that. They won't, chances are they will refuse your letter.
Either you have to find a way to ask for a specific job letter like they request. Or you may have to consult with immigration lawyers to find any loop hole.
 

maxmeomeo

Star Member
Aug 13, 2020
143
38
I do have a letter that states, that I am a full time employee of the organization. If that help.
Let see, I do not have any other option other than at least trying,
Does it say you are employed permanently?

Without this 50 points, your score is higher or lower than the cut off score??

You should consider there are many cases whose application takes more than a year. Not every application is processed within 6 months or so. If it may take longer than expected, how would you convinced IRCC that you are still employed 1 year after the date you got PR - which could be so far in the future
Not trying to discourage you. Of course you can try, I just dont think it's worth taking the risk of getting rejected . If if were me I would set up a consultation with who know the law better than me.
 
Last edited:

venkuus

Full Member
Sep 7, 2019
37
7
33
Toronto
Category........
CEC
Visa Office......
Don't know
NOC Code......
2174
Job Offer........
Yes
App. Filed.......
14-02-2021
AOR Received.
01-04-2021
IELTS Request
13-09-2020
Med's Done....
17-02-2021
Ugh, yeah I have a new work permit ready. I had the 50 points but it seems to be taken away for this stupid reason. I am so angry, you have NO idea through the things I had to go through for this.

I am mexican and the mexican paperwork was brutal. I had to fly to MX in an emergency to get a police check as they only give it to you if you have a request letter, I had to do a LOT of shit and a lot of spent money, fucking sucks. Thanks for your help man.
Dear @mendozah,

So, did you appeal for that or what happened with your case. I'm on the similar path planning to claim 50 points, with out them I can't stand a chance.

Thanks
Venkatesh Guntupalli
 

venkuus

Full Member
Sep 7, 2019
37
7
33
Toronto
Category........
CEC
Visa Office......
Don't know
NOC Code......
2174
Job Offer........
Yes
App. Filed.......
14-02-2021
AOR Received.
01-04-2021
IELTS Request
13-09-2020
Med's Done....
17-02-2021
This is a weird request by IRCC. How can an employer promise to have anyone employed for at least one year. It depends on what the employee does, legal status, performance during the year and a lot of such factors(including company's existence!). Employer might not always be ready to mention on the letter saying I will employ you for at least one year post PR. Also, what if the employee doesn't like working there anymore and what if the employee wants to leave? The employer may put us on the hook saying that I will give you the letter but you have to work for one year after the PR or something of that sort. It is not a good request by IRCC if you ask me.

I am in the same boat as the OP(haven't received a rejection yet though!), and I have provided a LOE stating that my job is full-time, permanent and it is valid for as long as I am eligible to stay/work in Canada legally. In addition I have provided employment letter and all other good stuff which also mention that I am full-time, permanent. I don't think it is fair to ask my employer to promise IRCC to keep my job for one year after the PR approval.
Hello Shakthi,

I understand your frustration and helpless situation, what happened with your case. I'm on the similar path planning to claim 50 points, with out them I can't stand a chance.

Thanks
Venkatesh Guntupalli
 

GYashna2795

Star Member
Feb 2, 2019
83
43
Hie can anyone please help me ? I had 958.50 regular hours of work year to date and 60 hours in paid vacation as of dec 31, 2019. And from jan till now i have 871.25 hours as regular work and 112 hours as vacation. Are my hours sufficient to count one year of total experience. And is paid vacation counted in total hours for CEC class. Really confused and need help
 

NOC98

Champion Member
Mar 7, 2020
1,916
720
Category........
Other
Hie can anyone please help me ? I had 958.50 regular hours of work year to date and 60 hours in paid vacation as of dec 31, 2019. And from jan till now i have 871.25 hours as regular work and 112 hours as vacation. Are my hours sufficient to count one year of total experience. And is paid vacation counted in total hours for CEC class. Really confused and need help
Should be 1560 hours.
Your experience must be at least:

  • One year of full-time work
    • 30 hours/week for 12 months = 1 year full time (1,560 hours), or
  • equal amount in part-time hours, such as:
    • 15 hours/week for 24 months = 1 year full time (1,560 hours)
    • 30 hours/week for 12 months at more than 1 job = 1 year full time (1,560 hours)
For part-time work, you can work more or less than 15 hours/week as long as it adds up to 1,560 hours.

We don’t count any hours you work above 30 hours/week

An allowance for a reasonable period of vacation time will generally be made in calculating the period of qualifying work experience (e.g., a two-week period of paid vacation leave within a given 52-week period in which the applicant was engaged in qualifying work experience)

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/economic-classes/experience/qualifying-work-experience.html
 

rashraj2021

Star Member
Jun 22, 2021
72
5
Hi just need seniors comments on my gcms notes eligiblty review required by case agent saying that offer of employment lmia expires on July 26 2019 and I am.on valid wp all this they have noted and under arranged fsw points they have given 0 and put review
Aor Jan 7 2021 fsw inland
 

NOC98

Champion Member
Mar 7, 2020
1,916
720
Category........
Other
Hi just need seniors comments on my gcms notes eligiblty review required by case agent saying that offer of employment lmia expires on July 26 2019 and I am.on valid wp all this they have noted and under arranged fsw points they have given 0 and put review
Aor Jan 7 2021 fsw inland
Was your wp granted based on a LMIA?
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html

if you’re currently working in Canada in a NOC 0, A or B job on a work permit that was issued based on an LMIA, and:
  • you’re working for an employer listed on your work permit
  • you’re authorized to work in Canada on the day you apply for a permanent resident visa, and when the visa is issued
  • your current employer made you an offer to give you a full-time job for at least one year if you’re accepted as a permanent resident
 

rashraj2021

Star Member
Jun 22, 2021
72
5
Was your wp granted based on a LMIA?
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html

if you’re currently working in Canada in a NOC 0, A or B job on a work permit that was issued based on an LMIA, and:
  • you’re working for an employer listed on your work permit
  • you’re authorized to work in Canada on the day you apply for a permanent resident visa, and when the visa is issued
  • your current employer made you an offer to give you a full-time job for at least one year if you’re accepted as a permanent resident
Yes based on lmia I had got work.permit closed one and I am working with that employer still I don't understand why case agent did not consider
 

rashraj2021

Star Member
Jun 22, 2021
72
5
Yes based on lmia I had got work.permit closed one and I am working with that employer still I don't understand why case agent did not consider
Also the case agent has shown intended occupation and intended employer name and then also noted valid wp valid until May 2021 and I have got bowp now until March 2022 but I think intended means case agent thought I just have valid wp and not working ? I.dont.know.what could be the other reason or maybe agent is not well versed in all these laws I don't know