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Canada - Government Information/Immigration refusal under CEC

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Question
Hi Tim,

I got a letter from CEC stating that my application for immigration was refused on the grounds of having insufficient information to assess whether I meet the work experience criteria set out in the NOC.
In my application, I provided a letter from VP HR at my company stating my title and annual salary and also sent the description of my job as per the job posting on the company website. This was advised to me from HR as it provided enough information about my duties at work. However this seemed to have been insufficient for the case officer.

I checked the operational manual (OP 25) from the cic website and it states that if the case officer is unable to make a decision due to lack of information, he can either request additional information or directly refuse the application. In this case he decided to do the latter.I have since written back to CPP by email, attaching an additional letter of reference requesting if an accommodation can be made. From what I have read on forums, I assume this is a long shot but since applying last May I have already lost a year in application processing times.

I was hoping to get some advice on appealing this decision as I am certain that I meet the criteria under CEC. I have a BaSc in Electrical Engineering from an accredited university in Ontario and I currently work as a Radio System Designer at at one of the big three telecom firms in Canada. My work is completely technical and I will be applying for a professional designation (PEng) when I become eligible.

On a side note, when CIC reviewed my application for completeness before sending it to CPP, shouldn't this lack of sufficient documentation have been flagged?

Looking forwards to your feedback,
Best regards,
Nitin

Answer
Dear Nitin,

Unfortunately, CIC does not engage with applicants when an officer is of the view that an application is incomplete. So you should not expect to be able to reason with the officer who made the decision nor to be invited to submit additional information (that is usually done when an officer needs more information to refuse an application or is inclined to accept an application but needs some minor clarification).

Because the officer's decision appears to be based on the contents or quality of your work references, you may wish to use the services of a qualified and experienced immigration consultant or immigration lawyer to review that letter and perhaps get additional evidence related to your experience or a more detailed and accurate letter from the HR department if that is appropriate. The letter in itself, from your description of the problem, appears to be at issue.

I hope this helps a little. If you need professional assistance, you can contact me directly.

Best wishes,

Tim Morson
canada@morson.ca

Canada - Government Information

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Tim Morson

Expertise

I am a Regulated Canadian Immigration Consultant (RCIC) and former Canadian diplomat and immigration program manager. I have 20 years of federal government experience in Asia, Europe, the United States, the Middle East, the Caribbean, Africa, and with the Department of Citizenship and Immigration, and the Department of Foreign Affairs and International Trade in Ottawa, Canada. I am currently the Senior Immigration Advisor for Pace Law Firm in Toronto, the Director of Immigration for the Cirque du Soleil, and the National Policy Director for the Canadian Association of Professional Immigration Consultants (CAPIC). I can answer all questions related to Canada's immigration requirements and procedures: (1) permanent residence in Canada for business people (investors, entrepreneurs, self-employed, professionals, skilled workers, provincial nominees, spouses and other family members, humanitarian reasons and refugees; (2) temporary residence -- tourist visas, study permits for international students, work permits, and temporary residence permits; (3) settling in Canada, Canadian residency requirements, Canadian citizenship and Canadian passports; (4) queries concerning Citizenship and Immigration Canada (CIC), the Immigration and Refugee Board (IRB), Immigration Québec, the Canada Border Services Agency (CBSA), Foreign Affairs and International Trade Canada (DFAIT), Human Resources and Skills Development Canada (HRSDC), etc. Please note that my responses are for information purposes only. To formally engage my professional services and obtain professional advice please contact me directly. Je suis couramment bilingue et en mesure de répondre à vos questions en français.

Experience

1982-2001 - Counsellor, Consul, Vice-Consul, immigration program manager, deputy director, special advisor and visa officer. I have had various assignments around the world: Asia, Europe, the United States, the Middle East, the Caribbean, Africa and Canada. Since 2001, I have done migration consulting work for individuals, corporations, institutions, and organizations such as the International Organization for Migration (IOM). I am accredited by the Immigration Consultants of Canada Regulatory Council (ICCRC). Je suis un ancien diplomate canadien et expert en matière d’immigration. Pendant vingt ans de service avec le gouvernement fédéral, j’ai occupé de nombreux postes diplomatiques et consulaires en Asie, en Europe, aux États-Unis, au Moyen-Orient, aux Antilles, en Afrique, ainsi qu’avec le Ministère de Citoyenneté et Immigration Canada (CIC), et le Ministère des Affaires étrangères et Commerce International du Canada (MAECI) à Ottawa. En tant qu’expert reconnu dans le secteur de l’immigration, j’ai effectué plusieurs travaux de conseil en migration pour l’Organisation Internationale pour les Migrations (OIM), pour des entreprises canadiennes et pour des particuliers. Je suis un consultant canadien agréé en immigration (CCAI) basé à Montréal, Canada. Je suis également membre du Conseil de la Réglementation des consultants en immigration du Canada (CRCIC, membre no R416007), directeur des politiques de l’Association Canadienne des Conseillers Professionnels en Immigration (ACCPI), et directeur d'immigration pour le Cirque du Soleil.

Organizations
Immigration Consultants of Canada Regulatory Council (regulatory body), Canadian Association of Professional Immigration Consultants.

Education/Credentials
M.A. Journalism (1992) UWO London, Ontario; B.A. Political Science (1982) Concordia University, Montreal, Quebec; RCIC -- Regulated Canadian Immigration Consultant.

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