A job reference letter submitted for a spouse visa application may also be used for a Canada PR application. In most cases, the primary applicant completes their studies in Canada, gains Canadian work experience, and then applies for permanent residence. However, a spouse can also be the primary applicant for Canada PR. There is no restriction on the spouse leading the PR application, although, in many cases, the person who studied in Canada takes the lead because their education and Canadian work experience contribute to their PR application.
The important question is whether the same job reference letter and NOC code used for a spouse visa application can also be used for Canada PR. The answer is yes in some cases, but the scrutiny of the job reference letter can be very different. A job reference letter accepted for a spouse visa application may not necessarily be accepted for a Canada PR application, particularly if there are deficiencies in the letter.
1. Three Major Issues in a Job Reference Letter
There are three major areas in which a job reference letter can have deficiencies: the wage rate, job responsibilities, and background eligibility. These factors can affect whether the claimed NOC code is accepted.
The first issue is the wage rate. The wage being paid must meet the minimum wage rate for the particular NOC code and the location where the applicant is working. The minimum, median, and high wage rates for a particular occupation can differ by location. For example, the wage rate for a restaurant manager can be different in Toronto, London, Ontario, Sudbury, Saskatchewan, or Halifax, Nova Scotia. Even when the NOC code is the same, the wage rate can vary depending on the location. If the applicant is not meeting the minimum wage rate for that NOC code in their location, they may not be able to claim that NOC code.
The second issue is job responsibilities. If the responsibilities mentioned in the reference letter do not match the claimed NOC code but match another NOC code more closely, the claimed NOC code may not be accepted.
The third issue is background eligibility. For example, someone who has no previous experience or education in the restaurant industry may directly become a restaurant manager. Even if that person has obtained the job, they may not meet the background eligibility criteria for the claimed NOC code.
2. Why a Spouse Visa Approval Does Not Guarantee PR Approval
In some cases, applicants receive approval for a spouse visa even when there are deficiencies in their job reference letters. These deficiencies may relate to a lower wage rate, job responsibilities that do not match the claimed NOC code, or a lack of relevant background eligibility.
After receiving spouse visa approval, applicants may believe that IRCC has already accepted their NOC code and that they can use the same job experience for their Canada PR application. However, this assumption can be incorrect. The acceptance of a job reference letter for a spouse visa does not mean that the same NOC code and experience will automatically be accepted for PR.
When the Canada PR application is submitted, the job reference letter may be examined more critically. The officer may determine that the job belongs to a lower NOC code, such as a supervisor-level position at a different TEER level, rather than the NOC code claimed by the applicant. The application may be refused if the wage rate does not meet the requirements of the claimed NOC code or if the job responsibilities do not match it.
3. The Difference in Scrutiny Between Spouse Visa and PR Applications
The scrutiny applied to a spouse visa application may be lower than the scrutiny applied to a Canada PR application. A PR application can involve a more detailed examination of the NOC code, wage rate, job responsibilities, and the applicant’s background eligibility. If the claimed NOC code does not match the actual job, the PR application may be refused.
Applicants should not assume that because a job reference letter was accepted for a spouse visa, it is already approved for use in a PR application. The same job may be reviewed differently when it is submitted as qualifying work experience for permanent residence.
4. Why Other Applicants’ Approvals Cannot Be Generalized
Applicants sometimes compare their job reference letters with those of friends, colleagues, or other people who received spouse visa approvals. They may point out that someone else submitted the same job responsibilities, wage rate, or background information and received approval.
However, one applicant’s approval does not guarantee that another applicant will receive the same result. Different visa officers may examine applications differently. One officer may not scrutinize certain details as closely, while another may review the application more critically. The timing of an application can also be different. An application submitted six months earlier may have been assessed under different circumstances from a more recent application.
Ultimately, each application is assessed on its own details. Even if the acceptance rate for a particular type of application is high, an individual applicant can still receive a refusal if their own application has deficiencies. What happened in someone else’s case does not determine the outcome of another person’s application.
5. The NOC Code Claimed for a Spouse Visa May Affect PR
When an applicant submits a spouse visa application and claims a particular NOC code for their job, that information becomes part of the application. If the applicant later intends to use the same experience for Canada PR, they need to consider whether the job reference letter meets the requirements of that NOC code.
For example, an applicant may have claimed a TEER 0 NOC code in a spouse visa application. Later, when applying for PR, they may realize that their actual job responsibilities are more closely aligned with a TEER 3 NOC code. However, they cannot simply assume that they can change the NOC code in the PR application after having claimed a different one in the earlier spouse visa application.
The source gives the example of an applicant who claimed NOC 60030 in a spouse visa application and then wishes to claim NOC 63030 for the PR application. The previously submitted information cannot simply be changed or disregarded. Therefore, applicants who intend to use their current job experience for PR need to consider the NOC code and supporting documents submitted for the spouse visa application.
6. When Job Experience May Not Be Used for PR
There may be situations where an applicant does not intend to claim the job experience submitted for the spouse visa application toward their Canada PR application. In such a case, the applicant may choose not to use that experience as qualifying work experience for PR, and the experience would not be claimed for that purpose.
Once the spouse visa is approved, the applicant may then begin accumulating work experience that they intend to use for their PR application. In this situation, the job reference letter submitted for the spouse visa has served its purpose, and the PR application will be based on the experience the applicant chooses to claim for permanent residence.
However, if the applicant intends to use the same job experience for both applications, they need to be careful about any deficiencies in the job reference letter. Experience that is accepted for a spouse visa may not necessarily be accepted for PR if it does not meet the requirements of the claimed NOC code.
7. Part-Time and Full-Time Work Experience
For a spouse visa application, an applicant may have a part-time or full-time job. The source explains that both types of employment can be relevant for a spouse visa application. Similarly, part-time and full-time work experience can also be counted in many Canada PR applications, particularly under Express Entry.
However, the experience must still be appropriate for the particular NOC code being claimed. The job responsibilities, wage rate, and other criteria of that NOC code need to be met. Simply having a part-time or full-time job does not automatically make the experience eligible under a particular NOC code.
8. Deficiencies Can Lead to a Different NOC Code or Refusal
If a job reference letter has deficiencies in its wage rate, job responsibilities, or background eligibility, the claimed NOC code may not be accepted. The officer may determine that the job aligns with a different NOC code instead of the one selected by the applicant.
The acceptance of a job reference letter for a spouse visa application should therefore not be treated as confirmation that the same experience will qualify for PR. The scrutiny of the PR application may be higher, and the experience needs to meet the criteria of the NOC code being claimed. Any deficiency can affect the NOC code under which the experience is assessed and can lead to refusal of the application.
9. Final Considerations for Using the Same Experience
Applicants who are planning to apply for a spouse visa and later use the same job experience for Canada PR need to consider the wage rate, job responsibilities, and background eligibility associated with their claimed NOC code. A spouse visa approval does not establish that the same NOC code will be accepted in a PR application, because the two applications may be examined at different levels of scrutiny.
Applicants should focus on the details of their own applications rather than relying on the approvals received by friends or colleagues. Whether the experience is part-time or full-time, it needs to meet the criteria of the particular NOC code being claimed. If the experience has deficiencies, it may not be accepted for PR, even if it was previously accepted for a spouse visa application.
