Facing PR Denial in Canada: How to Handle an Employer Refusing a Reference Letter?

Dear experts,

I have recently applied for Permanent Residence in Canada. The immigration department has requested an Employment Reference Letter from my previous employer. However, my former employer is refusing to provide the letter, citing that it goes against their policy. Failure to submit this letter to the immigration department may lead to the denial of my application.

Kindly advise.

Understanding an Employment Reference Letter

What do you mean by an Employment Reference Letter? Is it something that is issued by an employer stating that you 'are' an employee of the organization, or is it acceptable for the previous employer to certify that you 'were' employed in their organization? In the former case, only a current employer can issue it, but in the latter case, you can use the experience/service certificate issued by your previous employer as a reference letter. No employer will issue a certificate in favor of a past employee stating that he 'is' presently employed with them.

Regards,
Madhu.T.K

Employment Reference Letter means that my previous employer needs to mention the following details on company letterhead:

1. My designation
2. My tenure with the company
3. Working hours
4. Salary
5. Roles & Responsibilities

The immigration department needs these details to confirm whether I have applied under the correct NOC code. They have mentioned in their email that if I fail to provide this letter, it will result in the rejection of my application.

I have been in touch with the company's HR. They are refusing to provide the letter, stating it is against their policy.

I left the company on a good note, and full and final settlement has also been done.

Normally, the first two things would be there in the service certificate given by the employer. Roles and responsibilities may also be available in the service certificate, but I don't think that salary and working hours will be there in it. If the employer has a template for issuing certificates, you cannot change it according to your requirements. In order to show the salary that you had been drawing from the company, you can only produce the salary slip.

Madhu.T.K

For PR to Canada, my nephew is asked to submit an employment reference letter confirming that he is currently on the employment roll of the company he is serving, his job functions, current designation, and the period for which he has been working. The employer is refusing to provide such a letter, even though my nephew's appointment letter does not specify any restricting conditions. He has completed 3 years of service.

What is the legal remedy to obtain such a letter?

Approach HR for Certification Letters

Please do not seek a legal remedy. Legal processes can constrain the relationship. Ask your nephew to talk to his/her HR politely and explain the requirements. Generally, in most companies, HR follows a standard format for employee-related certification letters such as a bonafide certificate, salary proof certificate, experience, relieving certificate, etc. Actually, there is no rule in any company that HR should not provide such letters like an employment reference letter. However, HR will mostly be reluctant to issue certificates due to unknown fears. When someone repeatedly follows up, they will issue them after confirming with their superior.