So… IRCC is asking you to provide a police certificate. No problem…right? WRONG! Although obtaining police certificates for Canadian immigration purposes can seem like a pretty straightforward thing to do, if taken lightly, it can mean the difference between getting your application approved or rejected.

In this episode, Canadian immigration lawyer Shirish Chotalia joins me to discuss the ins and outs of the volatile area of police certificates and security screening. If you are involved in filing immigration applications, to any degree, you will not want to proceed any further before listening to this Episode.

In this episode Shirish and I discuss some of our craziest client experiences trying to get police clearances to satisfy IRCC’s requirements. When it comes to pretty much any requested document these days, IRCC is ruthless. If you don’t have it and can’t provide it, by the time they want it, you can count on your application getting rejected.

Ms. Shirish Chotalia has more than 30 years  experience in the field of immigration law. She has successfully opposed the decisions of the Minister of Citizenship and Immigration in the Federal Court and litigated complex cases since 1987. She has successfully conducted appeal hearings and managed complex immigration challenges. ​

If you have not yet had a chance, you can learn more about Shirish in Season 1 Episode 35 : Defending the Vulnerable – An Immigration Lawyer’s Story! This Episode was awesome. It really gives you a feel for who Shirish is and the great advocacy work she has done for her clients over the years….in many cases on a Pro Bono capacity.

In this episode, Shirish and I covered the following topics:

• Why are police clearances necessary?
• When is a police clearance needed.
• How to get a police clearance.
• Specific countries that can create problems for you and your client.
• Practice tips on obtaining police clearances.

[Tweet “Everything you need to know about police clearances“]

Additional Resources:

• Shirish Chotalia’s firm website: http://www.shirishchotalia.com/
• Best way to reach Shirish: info@shirishchotalia.com
• General information on Police Clearances: https://bit.ly/2jdOAsD
• How to get a police clearance: https://bit.ly/2u0GBoC

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[UPDATED July 23, 2019] When applying through the Express Entry system, it is absolutely essential that you get your NOC right. By following these few short tips, you can significantly increase your chances of ensuring your position is properly identified and you actually get the points you deserve for your skilled work experience.

What’s so important about the NOC?

Immigration, Refugees and Citizenship Canada (IRCC) uses the 2016 National Occupational Classification system to classify jobs in Canada. One of the most important ways of classification is Skill Level. If your foreign work experience in not considered to be “Skilled” (Skill Level B or higher) for the purposes of IRCC, then you will not receive any points for work experience under the Express Entry system.

Further, when it comes to language testing for candidates who have been given an Invitation to Apply (ITA) for permanent resident status through the Canadian Experience Class, the actual Skill Level will determine whether or not you must meet an English language benchmark of CLB 5 (for Skill Level B) or CLB 7 (for Skill Level A or 0). For those applying under the Federal Skilled Worker Program, the minimum CLB is 7 regardless of the Skill Level.

In addition to Skill Level, the NOC system  assigns a specific 4 digit code to every position recognized within the database. Getting this 4 digit code correct for your position can mean the difference between success and failure within the Express Entry system.

So how do you determine your NOC?

Let me show you how.

How to classify Canadian work experience (with an LMIA)

The starting point differs depending upon whether or not you are currently working in Canada under an LMIA confirmed work permit. If this is the case, you can start by checking out the NOC assigned to your LMIA confirmation.

In most cases, the NOC assigned to your LMIA should be consistent with the NOC 2016 database. However, if you were issued one of those magically 5 year LMIAs, then you might just want to check the NOC 2016 and ensure the four digit NOC listed on your LMIA confirmation matches with the NOC 2016 database.

Illegal Work

Provided you were not working illegally in another position or performing duties that were not originally approved under you original LMIA, you can safely use the NOC code listed (or its equivalent under the 2016 NOC) in completing your Express Entry application.

If you did work illegally, you have a whole host of other problems to deal with including potential misrepresentation if you try to fudge things on your application. If you find yourself in this situation, I recommend that you contact an immigration lawyer to see if there is anything that can be done to rectify the situation. However, in most cases, there is very little we can do as IRCC does not have too much sympathy for someone who has wilfully chosen to break the law.

I can’t help but hear in my mind the old song my grandfather used to play for me as a kid called “Happy Trails” by Roy Rodgers and Dale Evans.  This pretty much sums up the situation for illegal workers in Canada.

How to classify Foreign or Canadian experience (without an LMIA)

The starting point for foreign or Canadian work experience, that is not supported by an LMIA, is your “job title“. This is not always conclusive; however, this is where you need to start.

IRCC has a great little tool for helping you search for your position by title. All you need to do is type the title of your job into the search field entitled: “Filter items” and the list will be sorted to most closely match what your job title would be under the 2016 NOC. See the image below.

If you have work experience as a “Cook”, here are the typical search results.

You can see from the displayed list that the 4 digit NOC for Cooks is “6322” and the corresponding Skill Level is “B”. This tells us that work experience gained as a cook, does qualify under the Express Entry system. However, if you worked as a Food Counter Attendant, this experience will not qualify because it is classified as Skill Level “D”.

Now don’t think your assessment is done at this stage. This is just the starting point. The next step is to confirm that your actual job duties (the ones you actually performed on a daily basis) match with the job duties set out in the position profile of the NOC you have been assigned.

If you were able to locate your position on the IRCC list, then you can simply click on the hyperlink of that position and it will take you to the profile. Once you have opened up your position, skip to STEP 4 below for “Confirming that you selected the right NOC“.

If you were not able to locate your position by searching your title, you will need to go directly to the 2016 NOC database to manually search for your position.

You can search the 2016 NOC in the following ways:

STEP 1 –  Job Title – simply enter the title of your job in the box provided under the “Quick Search” field.” This is located in the blue highlighted area below.

A list of potential matches will be displayed. If this doesn’t work, then go to Step 2. If it does work, then skip to Step 4 below.

STEP 2 – Search the NOC…

Because you have already tried to search for your title directly and came up with nothing, I recommend that you enter any number of key words that closely resemble your title or the duties that you performed. You can do this in the “Quick Search” field.  Let’s say I am trying to find the NOC for a Crime Scene Investigator (CSI). I have tried to search for “Crime Scene Investigator” but the search results reveal nothing.

So the next thing to do is try to determine if your job is also known by another title. In my CSI example, I also know that CSIs are also “Forensic Scientists”. So try to search for similar titles for your position. If this fails, then try to enter job duties that you perform in your position. By searching various keywords associated with the duties you perform, this should create a more comprehensive list of jobs than would normally come up by searching your title alone. However, sometimes even this doesn’t seem to find the right position. If this is the case, you need to go to Step 3.

STEP 3 – Occupational Structure

In order to make this work, you have to be able to properly identify your industry from the list provided.

Once you have selected your industry, the next level will be the Major Group, followed by the Subgroup associated with your job. Find the group that most closely matches your job and from there it is relatively simple to find at least two or three positions that closely resemble your job.

In the image above, you can see that both Chefs and Cooks are listed within Subgroup “632 Chefs and cooks“. By clicking on the “6322 Cooks” link, you will be taken to the exact position profile for Cooks.

STEP 4 – Confirming that you selected the right NOC

This is probably the most important step of all.

Because of the standardized methodology used by the government when creating the National Occupational Classification System, it is entirely possible to select a position within the 2011 NOC that has the exact same title as your job, but in actuality is not a proper match.

Normally, I do not quote specific sections of the Immigration legislation in my blogs. However,  in this case, I am going to make an exception. It is critical that you understand the legal reasons why your work experience can be rejected by an immigration officer.

I have set out below, a portion of the Ministerial Instructions for the Express Entry Application Management System,  which describe who a Skilled Worker is for the purposes of the Express Entry System. The first section relates to Canadian work experience and the second relates to foreign work experience.

In order to be assigned points for your skilled work experience, you must be able to show that you have:

• performed the actions described in the lead statement for the occupation;
• a substantial number of the main duties, and
• including all essential duties, as set out in the National Occupational Classification.

Breaking down the NOC position profile into its “essential parts”

Each job profile within the NOC 2011 describes each of these factors. If you can demonstrate that your position encompasses each of these factors, then you know you have the right NOC. If however, you have not performed the activities in the lead statement or are missing a substantial number of the main duties, then you can safely assume that this NOC is not for you.

So let’s take a closer look at the position profile for a cook (6322) within the 2011 NOC. Based on IRCC’s requirements above, you must perform all of the actions described below:

There is nothing too complicated about this. The lead statement is quite general, so if you cook food for a living – pretty much anywhere – you are in….at least so far!

Now let’s take a look at the main duties. Remember, you have to be able to establish that you performed a “substantial number” of the main duties.

So what constitutes a “substantial number” of the main duties?

Well, it has always been my position that substantial means “most”. However, there are some exceptions. In fact, this is the exact reason I chose the position of cook as an example.

There are nine main duties listed. However, not all appear to be mandatory (Maybe mandatory is not quite the best term; however, it works well enough for the purposes of this blog.)

In fact, only 5 out of the 9 listed are mandatory. Let me explain why.

If you ever see a duty, or an employment requirement that indicates “may” or “usually” within the NOC, you can assume the requirement is optional. You would still be considered a “full fledge” cook if you did not set up and oversee buffets, clean the kitchen and work area, plan menus, determine size of food portions, estimate food requirements and costs, and monitor and order supplies; or hire and train kitchen staff. However, you would still need to have performed a substantial number of the remaining 5 duties.

Finally, we need to take look at what the regulations call “essential duties”.

In all honesty, I don’t have a clue what they mean by “essential duties”. If you are one of those super intelligent people out there that can explain this to me, please comment below and enlighten us all. However, if you are like me and have never really seen a NOC profile description that specifically identifies “essential duties” then welcome to the club.

[BONUS SECTION] How do the “Employment Requirements” in the NOC Profile Relate to Express Entry

Please note that as a starting point, you DO NOT have to meet the minimum “Employment Requirements” in order to get credit for your foreign work experience when apply through Express Entry. However, I still think it is important to understand how they do fit into the picture if you are one of those very lucky people to have a job offer from a Canadian employer that is supported by an LMIA, or another work permit option under the International Mobility Program.

As stated previously, although I do not quite “get” the essential duty thing, I do understand the “Employment requirements” thing that is built into every NOC. In addition to being able to perform the actions in the lead statement and a substantial number of the main duties, in the context of a Canadian work permit, employment requirements can not be overlooked.

I can’t tell you how many work permits I have seen refused because a foreign national does not have the specific education or work experience requirements listed in the NOC for their proposed position. This typically occurs after companies have spent thousands of dollars obtaining an LMIA only to see that the candidate they chose does not qualify for the position based upon IRCC’s requirements (essentially the NOC requirements).

So let’s take a look at the employment requirements for a Cook.

The first place to start is to determine what is “mandatory” (remember, I don’t really have a better word) and what is “optional”. This can be easily done by applying the “may = optional” and “are required = mandatory” rule.

Completion of secondary school is “usually required”.

This means it is not mandatory. If you didn’t graduate, you are okay so far.

Completion of a three-year apprenticeship program for cooks OR completion of college or other program in cooking OR several years of commercial cooking experience “are required”.

Because this ends in “are required“, then this is mandatory. However, because of the “ORs” inserted between each requirement, it means you only need to satisfy one of the above three and not all of them.

So, if you never graduated from school, but have “several years” of commercial cooking experience, then you are good to go.

“NOTE: remember that “several years” is often interpreted as at least 3 years by IRCC.”

Trade certification is available, but voluntary, in all provinces and territories.

I think it goes without saying that “voluntary” means just that. However, I do want to point out that many “trade” positions are regulated in Canada and if you ever run into a trade such as welding, pay close attention to whether or not it is a regulated AND compulsory trade in your Province of destination.

Now, failing to meet the minimum employment requirements will not impact on your Express Entry application; however, in the context of work permits, it can be a deal killer. So pay attention if you anticipate applying for a work permit before your Express Entry application is completed.

Red Seal endorsement is also available to qualified cooks upon successful completion of the Interprovincial Red Seal examination.

Once again, “available” is also one of the optional factors that really doesn’t impact on your Express Entry application.

Wrapping things up

There is definitely a lot to remember when searching for your proper NOC. However, if you start with the IRCC tool for matching titles to NOC codes, your battle is often won at this stage. All that remains is following my instructions above to evaluate the duties and employment requirements in order to confirm you got the right one.

If you weren’t so luck with the IRCC tool, then following the remaining steps above should help you drill down to your exact position.

Express Entry – Complete Step by Step Guide to Doing it Yourself

In order to help as many people as possible navigate the complexities of the Express Entry program, I created a complete Step by Step Video Tutorial to show you how to do it yourself. Obviously, I would love for people to book a paid consultation with me and retain me to represent them in filing their Express Entry applications (you can do so by accessing this link: https://www.holthelaw.com/consultation).

However, for many of my readers and those that follow me, I highly recommend they consider purchasing access to my Express Entry – Complete Step by Step Video Guide to Doing it Yourself . I know you will love it.

Make sure to share your e-mail address with me so that you can be placed on my mailing list to be notified when new content is released. Click on this button at the top right side panel of this webpage:

Explore Additional Resources

• IRCC’s instructions for Express Entry: http://www.cic.gc.ca/english/immigrate/skilled/profile.asp
• NOC 2011:  http://www5.hrsdc.gc.ca/NOC/English/NOC/2011/Welcome.aspx
• NOC 2006/2011 Concordance Table: www5.hrsdc.gc.ca/…c/2011/Concordance.aspx
• IRCC NOC Finder Tool: http://www.cic.gc.ca/english/immigrate/skilled/noc.asp
• Ministerial Instructions for Express Entry: cic.gc.ca/…epartment/mi/express-entry.asp

If you are one of the unfortunate people that has just had their Canadian visa application refused, it can be one of the most frustrating experiences of your life. Travel plans are spoiled and the hopes of being reunited with distant friends and relatives are in serious jeopardy. [UPDATE: January 7, 2017] After reading this blog post, I highly recommend that you check out the special podcast episode I recently did with esteemed immigration policy analyst and lawyer, Richard Kurland entitled: “Has Your Canadian Visa Been Refused“. Richard shared some unbelievably valuable insight regarding strategies us immigration lawyers use to overcome Canadian visa refusals. If you like this Post, you will love Season 2 Episode 1 of the Canadian Immigration Podcast released on January 6, 2017.]

And to make matters worse, the form rejection letter provides only a vague reference to an officer’s belief that “you would not leave Canada at the end of your stay.”  You know there must be more to it than that. If only there was a way to get a copy of the visa office file materials so that you could learn the “real reasons” your application was rejected.

Well there is a way to get those file materials and I’m going to show you how!

The Canadian Immigration visa rejection letter will almost always have the following statement enclosed at the end:

Should you wish to reapply, I would suggest that you do so only if your situation has changed substantively or you have significant new information to submit.

If you want to have any hope of getting that refusal overturned, or a second application approved, getting your hands on your immigration Physical File is essential. It will be critical that you know what evidence, or lack thereof, influenced the officer in believing you wouldn’t go home if the visa was approved.

It is only by knowing this information that you will then be in a position to provide “significant new information” on your next application in hopes of getting it approved. By satisfying the underlying concerns revealed in the officers hidden notes, you will then be able to reduce the chances of a second refusal.

The best way to get that information is to do an Access to Information and Privacy (ATIP) request to the Government of Canada. If done properly, this request will give you copies of the actual file materials and a glimpse into the officer’s detailed “internal” reasons for refusing your application. Armed with this knowledge, you are going to be much more likely to have success on your next application.

ATIPs can be used to access government information from a lot of different sources. However, we are going to focus exclusively on requesting a copy of the file materials and officer’s notes related to your rejected Canadian visa.

[Tweet “How to request your Canadian visa office file notes“]

Getting Started

In order to submit an ATIP request, you must either be a Canadian Citizen, permanent resident, or an individual or corporation physically present in Canada. If you are a foreign national wanting to make an ATIP request and you are not currently present in Canada, you will need to find a representative to complete this for you. If someone else is submitting an ATIP on your behalf, you must sign a consent form allowing them to do so.

You can download the IMM5477: Consent for an Access to Information and Personal Information Request by clicking on this link. Please also note there is a small processing fee for CIC’s trouble in providing this information. The fee is $5.00 CAD per request.

Step by Step Instructions for Requesting an ATIP

An ATIP can be submitted by mail or online. I recommend filing online as it is much quicker. I have set out below the essential steps needed to file your online ATIP request.

Step 1 – Go to the ATIP homepage at https://atip-aiprp.apps.gc.ca/atip/ and select your preferred language (English or French). You can skip through the “Top questions” section and go straight to the bottom and click the “Next” button.

Step 2 – This will take you to the “Privacy Notice” where after acknowledging you have read and understood the privacy notice by checking the check box, you will then click “continue”.

Step 3 – Next, select the Department where you wish to submit an ATIP request. You will want to select “Citizenship and Immigration Canada”.

Step 4 – On the second line, you must indicate whether you are a Canadian Citizen, Permanent Resident, Individual/corporation currently present in Canada or None of the above. Please choose the correct selection for your situation.

NOTE: If you choose “none of the above”, you will not be able to submit the request.

Step 5 – Enter in your full legal name, phone number and current address. Please note that a fax number is optional, however we recommend that you fill in this section if you have one.

Step 6 – On the next line, it asks for an email address. Please be sure to enter a valid email address as this is often how the visa office file notes are delivered. On larger files, they may need to send a CD, which is sent to your mailing address.

If you are requesting information for your own file, select “Yes”, but if you are making the request on behalf someone outside of Canada, then select “No”.

You will also select “No” in the next drop down menu because you are requesting the visa office file notes on behalf of a living person. Obviously, you will then need to provide a copy of the signed consent form when prompted to do so.

Step 7 – Next you are asked to select the category you fit within. This is not mandatory, so you may skip this section. However, if you want to provide this information to the government for statistical purposes,  I indicate “Business (Private Sector)”; however, you would likely select “Member of the Public”. 

You can suggest the best method for receiving the information; however, if the file is too large, they will send it in a CD format regardless of the preference you selected.

Once this has been completed, click “Continue”.

Step 8 – On the next page you will be prompted to answer whether you would like to make a request under the Privacy OR Access to Information Act. When requesting visa office notes, you are doing so under the Access to Information Act, so choose this option.

You will then be asked the type of record you wish to request. Select “Case Files” and then complete the requested file information. In order to ensure complete accuracy, I would take this information from the visa office refusal letter. I have set out below a sample letter which lists the pertinent information you will need to fill in. I have blocked out certain sections for privacy reasons.

Although not mandatory, you will also be asked to provide the person’s Client ID number which is also known as a Unique Client Identifier (UCI) number. I highly recommend that you include this number if known.

See the sample work permit refusal letter below.

Step 9 – Once you have completed the basic file tracking information, you will be asked what type of information you would like to request. Although it may take a little longer, I routinely request the “Physical File” so that I am able to obtain the complete picture. At times there is important information related to the refusal that is not contained within the “Notes in the Electronic File”.

Once you have selected “Physical File”, you will then choose the “File Type”. Simply select the option that pertains to your refusal. For any work permit, study permit, or visitor visa application, you would request “Immigration File: temporary residence”. You are then prompted to insert the “File Number”. This is critical, because without it, you can not make the request. 

The “File Number” or “Application no.” can be found on the top right of most refusal letters.

Step 10 – You will also note that there is an open fillable field at the end of this page where you can provide any information that may help an officer to know what exactly you are looking for. However, I often don’t worry to much about this because if you are requesting the entire “Physical File”, then you should receive everything anyways.

If you would like to insert a specific request, you could include something like: “Please provide all notes on file pertaining to the application identified above”.

TIP: If this is a sponsorship application, get a consent form signed from every party otherwise CIC may redact critical information from the file for privacy reasons.

Next, click “Continue”.

Step 11 – We have reached the final stages of the ATIP request. This next page is where you upload your documents and consent form (if applicable). Please note that if you are requesting an ATIP on behalf of someone else, it is mandatory you upload the consent form (IMM5477: Consent for an Access to Information and Personal Information Request).

TIP: If you have multiple consent forms, you can simply click the “Add” button and a new field will open up to upload a second or third consent form.

Make sure that the documents you upload fit within the file format parameters set by CIC. Any additional documents are to be uploaded within the “Other Documents (optional)” section.

TIP: Although other information is not required, we recommend that you also upload a copy of the refusal letter for good measure.

Step 12 –  You will need to review all of the information you have entered and pay the processing fee. Be sure to review the information you have entered thoroughly as mistakes could result in the refusal of the ATIP or delayed processing times.

You have the option to modify each section. If you find a field you wish to modify, simply click the blue “Modify” button and you will be taken back to the original page in which you entered it. Be sure to save your changes.

TIP: We recommend printing this page for your records. If something goes awry down the line you will have proof of the submitted ATIP and will be able to make a case to CIC if necessary.

If you have reviewed all your answers and are satisfied, check off the “Certification” box at the bottom of the page and click “Continue”.

Step 13 – The last step is to pay the processing fee. The fee for an ATIP is $5.00 CAD. The only accepted method of payment for the online application is credit card. After you have entered in your payment information and have submitted it your transaction will be processed and a receipt will automatically be generated. Be sure to keep a copy of this receipt as well for your records.

What happens next?

CIC will now process your ATIP application. They will send it to you by your indicated method (E-mail or CD).

Typically, an ATIP request should take no longer than 30 days. However, if you are requesting a Physical File from a consulate abroad, it will often take up to 60 days, or on rare occasions even longer. If 60 days have passed and you have not received your requested information be sure to follow up with CIC and provide copies of your receipts and submitted application.

After you have received your requested file materials you will be able to see exactly why your application was refused. With this information you are now armed with the information you need to refile your application again and give yourself the best chance of success.

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