HELP : CEC refused / Need feedback for applying under FSW

[Iwillgothere]

Hi everyone,

I applied to the PR through CEC-outland 5 months ago and just got refused. I'm not very surprised even if I hoped CIC would be satisfied with everything I was able to provide.

The reason is : one reference letter didn't show my duties. I knew it, and I explained in a Letter of Explanation that I couldn't get more information from this company because the CEO, in another country and my only direct supervisor, left. I provided the canadian letter of employment, printed on a letterhead with the contact information and signed by CEO, mentioning title, yearly wage, benefits and paid holidays etc. except the duties, so I added : first and final payslips, T4, Record of Employment. It wasn't enough, obviously.

There is no HR department, so he was the only one who could certify what my duties were. I think my chances to get my PR under CEC again are close to 0, right? Any advice?

But I'm still eligible for the FSW stream.
I worked for almost 7 years for a company in my home country. I have :
- The initial contract from 2008 printed on a letterhead (with logo, address and contact) mentioning the title, duties (but in very technical terms), benefits, weekly hours, monthly wage (not yearly), signed by both the Director and the President.
- A separate job description (but in very technical terms), updated in 2011 in the Quality Management System, with an extension of my duties.
- A typical reference letter from 2015, when I left, printed on a similar letterhead with the title, the duration, all the duties (again, in very technical terms) etc.
- All my payslips.
- An article, written by a journalist/blogger about my role and the company.

BUT : I can't provide a perfect CIC reference letter (in more "general" terms like in the NOC system) since the company closed earlier this year. It doesn't exist anymore, I can prove it easily.

My questions :
- If I apply under FSW, do you think the issue I had under CEC would be a problem again under FSW, even if I have more than a continuous year of experience in my field and under the NOC I claim, in my home country?
- Would it be a problem if I can't provide the proper reference letter because the company doesn't exist anymore?

Of course, I ordered my GCMS notes to see if something else could be wrong, in order to be ready next time.

Thanks for your help.

 

[bellaluna]

What’s done is done, but honestly, this sounds like a scenario that could have been avoided with better communication with your CEO or at least a self-written letter of your responsibilities. It might even be easier now if you say that company’s closed: provide the self-written letter, and proof of its closure (like an email from the CEO or something), and also provide a brief letter of explanation that you’ve provided evidence based on your previous refusal.

if you choose to apply under FSW, you won’t need to provide proof of your Canadian work experience, but it depends on your CRS Score without it. You might need to rely on it because the cutoffs are pretty high these days.

 

[Iwillgothere]

Hi Bellaluna and thanks for your help.

About the company I worked for in Canada, I don't understand why you say a better communication with the CEO would have avoided the problem? If you are talking about the duties missing, in my field + position, they are not always written in an offer of employment and I didn't think that, one day, I would apply for the PR (I was under a Working Holiday Visa). He retired so, without him or an HR department, nobody can attest my duties, even if the company still exists. I know, bummer... but it is what it is.
I thought a self-written letter of my responsibilities would have been non relevant and serious, but you are right, I should have at least try to do it.

About the one I worked for in my home country, as I said, the proof of work should meet the CIC requirements except the duties are mentioned in very technical terms and I've heard that it could be a problem? I provided this proof of work with my first application and CIC didn't say anything about it. Probably because I was a CEC applicant I assume. That's why I want to make sure everything is alright for my next application. I will, of course, provide a legal proof of its closure.

My CRS is 545 but I rely on everything I can. That's why I'm asking for feedbacks. Maybe other applicants went through the same kind of issues : company closure, the only supervisor retired etc... and were still successful with their first or second application.

 

[bellaluna]

I have a relative who got accepted even when their companies didn’t want to provide the description of responsibilities. They just wrote the letter themselves, plus other similar documentation as you did, like the offer letter, paystubs, and emails on them denying their request.

I guess what I’m trying to say was could you at least have tried to ask your old CEO for help if you could look them up on LinkedIn or elsewhere? They’re retired, not dead. Unless for some reason they went completely off the grid. This is what IRCC expects you to do...not anticipating that you were going to apply for PR and not asking for the letter before your departure is not an excuse to be exempted from this requirement.

Anyway, what’s done is done. Order of preference, from my understanding, would be:
1. Official signed letter from employer or HR
2. Letter attested by direct supervisor with their business card, even if retired or no longer with the company
2.b Same as above but from a former colleague
3. Self-written letter plus proof of company’s non-cooperation with the request, or their closure

 

[Iwillgothere]

What's done is done like you said. And there is nothing else I can do about this proof of work experience. I know what IRCC expects us to do, I had to provide 6 other letters from 4 different countries, even under CEC and CIC didn't say anything about those 6. I think they all meet the requirements but since the refusal, I'm worried.
The main one is about the closed company mentioned above. Do you think a technical vocabulary instead of a more "general" NOC vocabulary could be a problem for the agent, to understand the duties for example?