Surprising PR Rejection - Urgent Help Needed!

[be-live]

Hello forum members,

Me and my wife applied for our PR in March 2019 with date of application receipt as 26th March 2019. I received a rejection for my application on the 5th November. Reason stated was that "my foreign work experience job duties for 2 my jobs were not provided on the company's letter head."

Case Background:

I have been in Canada since August 2014. Completed 2 years of study (in the same industry), got 3 years of PGWP which was valid till October 2019. Have been working full time since September 2016, got promoted in the company starting from analyst contract position to a national manager position in 2 years. Current job position NOC: (0124-0) Marketing Manager at a Corporate Head office. I have been working in the same industry for over 11 years now (Indian + Canadian experience).

Prior to coming to Canada i had 6+ years of work experience. I had claimed for 4 of my foreign jobs while applying for my PR. For these 4 jobs, i had provided Job offer letters, promotion letters, relieving letters, salary slips and tax returns. The 2 jobs in question for PR rejection had NOC codes as: (4163-A) and (4021-A). In addition to the above documents, my consultant had suggested us to provide a self attested resume with my Indian & Canadian work experience with job duties.

The Issue:

My original PGWP was due to expire on 15th October 2019. I had applied for a BOWP on 9th September 2019 who's decision is still pending. From what i have researched so far, seems like i will get a rejection for this by default since my PR has been rejected. This will mean me and my wife will have to loose our jobs and will be in an extreme precarious & helpless situation.

Action taken by me so far:

As soon as i received my rejection letter, i immediately contacted my ex-employer in India and got in touch with my reporting manager. Fortunately he is still in the same company and same position, and helped me get in touch with HR. I got the requested letters with information requested - My designation, my hours, my salary and job duties on company letter head with current date. They gave me this within 48 hours. As of last night we submitted a web-enquiry form requesting for a re-consideration and re-opening of my case along with these letters.

We are preparing ourselves to also re-apply for PR if need be. Unfortunately my IELTS score expired in July 2019 and will have to take one again. Have new test booked for coming monday (fortunately got a quick date).

Also, at no point were we contacted by CIC to provide any additional documents. In fact my consultant reached out through a web enquiry form and also called CIC to check the status and if anything was needed. We received a reply on email stating that we will be contacted in case any additional information is required, but no one contacted us. We have also attached a scan copy of this email from CIC in yesterday's web enquiry. What we wanted to inform the case officer is that if he would've asked for this missing document on his own or as a response to our original query i could've given it to them just as how i did now in 48 hours.

Help needed:
What me and my wife want to know is:
First and foremost what are our options to restore our work permit? We simply cannot afford to loose our jobs and stay without income.
Second, what are the chances for my case to be re-opened? It is not a complicated case, it is a matter of a document missing and i have provided it to them exactly how they wanted within 48 hours.
If i get a response to my web-enquiry saying they will re-open my case, can i forward this reply right away to the officer working on my BOWP request and request him to not reject it?
If i do get a work permit rejection, can i still apply for restoration? Not sure on what basis can i do that.
Should i apply for a visitor visa right away which will allow me to atleast stay in the country and buy me some time untill i can hopefully get a ITA within the next 2-3 months.

Requesting all members and subject matter experts to please help us on this and offer suggestions. We are very blank and surprised with this decision and are looking to this forum for help.

Hoping to hear some feedback soon.!

 

[k.h.p.]

If the letters you initially provided detailing job duties were not on company letterhead you were properly refused. There will not be much of a chance of reopening the application at all.

What is your consultant saying?

If your BOWP is rejected you will not be permitted to restore your work permit.

 

[be-live]

If the letters you initially provided detailing job duties were not on company letterhead you were properly refused. There will not be much of a chance of reopening the application at all.

What is your consultant saying?

If your BOWP is rejected you will not be permitted to restore your work permit.

Hey k.h.p.

I had not provided any letter stating my job duties along with my designation, salary and hours all together on company letter head. All that i had provided was my appointment letter which was on the letter head and a self attested resume with my job duties.

So this time i have given them what they needed on a company letter head. That is our hope for re-opening of our file.

My consultant so far only suggested requesting re-consideration and to re-apply for PR.

 

[canuck_in_uk]

Hello forum members,

Me and my wife applied for our PR in March 2019 with date of application receipt as 26th March 2019. I received a rejection for my application on the 5th November. Reason stated was that "my foreign work experience job duties for 2 my jobs were not provided on the company's letter head."

Case Background:

I have been in Canada since August 2014. Completed 2 years of study (in the same industry), got 3 years of PGWP which was valid till October 2019. Have been working full time since September 2016, got promoted in the company starting from analyst contract position to a national manager position in 2 years. Current job position NOC: (0124-0) Marketing Manager at a Corporate Head office. I have been working in the same industry for over 11 years now (Indian + Canadian experience).

Prior to coming to Canada i had 6+ years of work experience. I had claimed for 4 of my foreign jobs while applying for my PR. For these 4 jobs, i had provided Job offer letters, promotion letters, relieving letters, salary slips and tax returns. The 2 jobs in question for PR rejection had NOC codes as: (4163-A) and (4021-A). In addition to the above documents, my consultant had suggested us to provide a self attested resume with my Indian & Canadian work experience with job duties.

The Issue:

My original PGWP was due to expire on 15th October 2019. I had applied for a BOWP on 9th September 2019 who's decision is still pending. From what i have researched so far, seems like i will get a rejection for this by default since my PR has been rejected. This will mean me and my wife will have to loose our jobs and will be in an extreme precarious & helpless situation.

Action taken by me so far:

As soon as i received my rejection letter, i immediately contacted my ex-employer in India and got in touch with my reporting manager. Fortunately he is still in the same company and same position, and helped me get in touch with HR. I got the requested letters with information requested - My designation, my hours, my salary and job duties on company letter head with current date. They gave me this within 48 hours. As of last night we submitted a web-enquiry form requesting for a re-consideration and re-opening of my case along with these letters.

We are preparing ourselves to also re-apply for PR if need be. Unfortunately my IELTS score expired in July 2019 and will have to take one again. Have new test booked for coming monday (fortunately got a quick date).

Also, at no point were we contacted by CIC to provide any additional documents. In fact my consultant reached out through a web enquiry form and also called CIC to check the status and if anything was needed. We received a reply on email stating that we will be contacted in case any additional information is required, but no one contacted us. We have also attached a scan copy of this email from CIC in yesterday's web enquiry. What we wanted to inform the case officer is that if he would've asked for this missing document on his own or as a response to our original query i could've given it to them just as how i did now in 48 hours.

Help needed:
What me and my wife want to know is:
First and foremost what are our options to restore our work permit? We simply cannot afford to loose our jobs and stay without income.
Second, what are the chances for my case to be re-opened? It is not a complicated case, it is a matter of a document missing and i have provided it to them exactly how they wanted within 48 hours.
If i get a response to my web-enquiry saying they will re-open my case, can i forward this reply right away to the officer working on my BOWP request and request him to not reject it?
If i do get a work permit rejection, can i still apply for restoration? Not sure on what basis can i do that.
Should i apply for a visitor visa right away which will allow me to atleast stay in the country and buy me some time untill i can hopefully get a ITA within the next 2-3 months.

Requesting all members and subject matter experts to please help us on this and offer suggestions. We are very blank and surprised with this decision and are looking to this forum for help.

Hoping to hear some feedback soon.!

1. Once the BOWP is refused, you will be out of status. You will not be able to apply for Restoration as workers. You can apply for Restoration as visitors. You would not be allowed to work again until PR, as you will not qualify for a BOWP as a visitor or person without status. If you cannot afford to be in Canada for many months without working, you would have to leave while the PR app processes.

2. You were correctly refused, so chances aren't great. The officer may re-open but no one can say for sure.

3. There is no way for you to contact the VO assigned to the work permit. You could send a Webform but no guarantee it would reach them.

4. Restoration as a visitor.

5. There is no point in applying for a visitor extension. As you are in Implied Status, if the BOWP app is refused, you will be out of status regardless of the visitor app, which would then be refused.

 

[be-live]

1. Once the BOWP is refused, you will be out of status. You will not be able to apply for Restoration as workers. You can apply for Restoration as visitors. You would not be allowed to work again until PR, as you will not qualify for a BOWP as a visitor or person without status. If you cannot afford to be in Canada for many months without working, you would have to leave while the PR app processes.

2. You were correctly refused, so chances aren't great. The officer may re-open but no one can say for sure.

3. There is no way for you to contact the VO assigned to the work permit. You could send a Webform but no guarantee it would reach them.

4. Restoration as a visitor.

5. There is no point in applying for a visitor extension. As you are in Implied Status, if the BOWP app is refused, you will be out of status regardless of the visitor app, which would then be refused.

Hey canuk_in_uk,

So for restoration of status as a visitor, can i do it now? Or do i have to wait till my BOWP rejection comes through? If i have to wait for BOWP result, how many days do i have to restore after that result?

 

[canuck_in_uk]

Hey canuk_in_uk,

So for restoration of status as a visitor, can i do it now? Or do i have to wait till my BOWP rejection comes through? If i have to wait for BOWP result, how many days do i have to restore after that result?

No. You still have valid status, so you don't qualify for Restoration.

If the BOWP is refused, you would have 90 days from the refusal to apply for Restoration.

 

[Gary_li]

It's not surprising, duty is an essential part.
Calm down, talk with your imm lawyer and reopen the case, BOWP is depending on the PR AOR.

 

[s5773377]

Why did it get refuse in the first place ?

"my foreign work experience job duties for 2 my jobs were not provided on the company's letter head."

Even you already provides all evidiences...for me, it should be sufficient enough ???

 

[k.h.p.]

Why did it get refuse in the first place ?

"my foreign work experience job duties for 2 my jobs were not provided on the company's letter head."

Even you already provides all evidiences...for me, it should be sufficient enough ???

No, because as the OP said, they only "self-attested" to the duties of the job:

I had not provided any letter stating my job duties along with my designation, salary and hours all together on company letter head. All that i had provided was my appointment letter which was on the letter head and a self attested resume with my job duties.

If IRCC accepted that, it would essentially mean that any applicant could write a resume with any details about duties. The duties have to come from a manager or the employer for a reason.

 

[jes_ON]

Hey k.h.p.

I had not provided any letter stating my job duties along with my designation, salary and hours all together on company letter head. All that i had provided was my appointment letter which was on the letter head and a self attested resume with my job duties.

So this time i have given them what they needed on a company letter head. That is our hope for re-opening of our file.

My consultant so far only suggested requesting re-consideration and to re-apply for PR.

Unfortunately, your consultant has served you poorly.

1. The consultant should never have let you submit the application without proper letters of reference.
2. IRCC only reconsiders if the mistake was theirs. Since the mistake was yours, your file will not be re-opened.
3. Your consultant could have requested GCMS notes a few months ago, usually there would be a note in the file identifying the problem. If you act quickly, you can sometimes avoid refusal by submitting new documents while in process.

Any consultant worth their fee should know all these things. I would recommend re-applying ASAP without the consultant.

Your time is running out and I don´t want to give you false hope, but if you get a new AOR before your BOWP is refused, you can sometimes add that to the BOWP application and save it. Again, I don´t know if that is possible, but since I assume you would re-apply anyway, the sooner the better.

 

[rily]

If you can't afford to loose ur job, you better to apply TRV. At least you still have status in Canada and take leave without pay until you reapply BOWP. It takes 4 days to get TRV approved. Then recreate EE account before the next draw.

 

[canuck_in_uk]

If you can't afford to loose ur job, you better to apply TRV. At least you still have status in Canada and take leave without pay until you reapply BOWP. It takes 4 days to get TRV approved. Then recreate EE account before the next draw.

A TRV is a stamp in a passport that allows a person to board a commercial carrier to travel to Canada. It has nothing to do with status. Visitor extension apps, which grant visitor status in Canada, are currently taking 4 months.

OP is on Implied Status, so there is no point in submitting a visitor extension app. It will not maintain status if the BOWP is refused.

 

[jes_ON]

Help needed:
What me and my wife want to know is:
First and foremost what are our options to restore our work permit? We simply cannot afford to loose our jobs and stay without income.

Have either of you asked your employers if they are willing to apply for an LMIA? I know you weren´t expecting to need it, but now...

Honestly, without an LMIA or meeting other eligibiilty criteria, you should probably prepare to leave Canada for a while. You can re-apply and wait for a decision from outside Canada. I understand that´s a terrible option, but it will hopefully be temporary.

Second, what are the chances for my case to be re-opened? It is not a complicated case, it is a matter of a document missing and i have provided it to them exactly how they wanted within 48 hours.
Slim to none. The onus is on you to submit a complete application. They cannot run an "express entry" program if they have to chase after applicants´ documents. That is the trade-off for speed.

If i do get a work permit rejection, can i still apply for restoration? Not sure on what basis can i do that.

Well, when you answer the 2nd question (on what basis), then the answer to the first question is "perhaps".

Should i apply for a visitor visa right away which will allow me to atleast stay in the country and buy me some time untill i can hopefully get a ITA within the next 2-3 months.

No real point to that. If you really want to stay in Canada without working, you can apply for visitor status if your BOWP is refused, but you already stated you couldn´t afford to do that. You would also have to wait until you land as a PR to work again, since it sounds like you are not eligible for TWP.

To be clear, if you get an AOR after your BOWP application is refused, you will not be eligible to apply for another BOWP (since one of the requirements is having a valid work permit at the time you apply).

You don´t need to be in Canada to get an ITA or apply through express entry.

 

[s5773377]

Hi Guys,

i have a concerm regarding preference letter... For 3 years oversea work experience, 2 years i worked for computer hardware with Noc 2165 and 1 year software with noc 2173....now, i am CEC with noc 2173 for 1 and half year... What do you think about my eligibility check ? Would it have any issues ?

Please help