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Procedural Fairness Letter- JO is not Genuine

ahsanr

Full Member
Oct 21, 2018
32
3
I'm sorry about the refusal. However as others have said, this refusal makes sense and was expected. If you want to submit a new application, you will need to start by finding a new employer and new job offer. You will need to then reapply from scratch. Good luck.
I got the same but i am unable to understand the points they mentioned are already complied in Job offer Letter. So what should be a specific reason ?
 

Naturgrl

VIP Member
Apr 5, 2020
44,475
9,381
I got the same but i am unable to understand the points they mentioned are already complied in Job offer Letter. So what should be a specific reason ?
What is the letter?

Is this for a single employer? Full-time? Do this person have income to support a caregiver?
Where do they live?
Is it a family member? If so, have they been asked to justify why he/she needs a full time caregiver? What have they done in the past?
What province?
 

ahsanr

Full Member
Oct 21, 2018
32
3
What is the letter?

Is this for a single employer? Full-time? Do this person have income to support a caregiver?
Where do they live?
Is it a family member? If so, have they been asked to justify why he/she needs a full time caregiver? What have they done in the past?
What province?
Yes the employer is single and he has good income to support a caregiver. He lives in Ontario and care has to given to his wife. Furthermore provided a doctor report which recommend they need a caregiver and previously care has been met by her son and husband but now they cant manage to care due to this they need a full time caregiver.
 

Naturgrl

VIP Member
Apr 5, 2020
44,475
9,381
Yes the employer is single and he has good income to support a caregiver. He lives in Ontario and care has to given to his wife. Furthermore provided a doctor report which recommend they need a caregiver and previously care has been met by her son and husband but now they cant manage to care due to this they need a full time caregiver.
So you received a PFL for the job offer? Were ADRs requested and still refused? Need to post the letter with explanation of care required, income and if to bring a family member to Canada.

So the employer is the wife and the wife would have set up the CRA/business account, as she is in need of the caregiver. The husband cannot care for wife and has exhausted all options for care in Canada. Why does she need full time care? Age? What is spouse’s income because could be an issue since wife is employer. Is this to bring a family member to Canada?
 

scylla

VIP Member
Jun 8, 2010
95,583
21,943
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I got the same but i am unable to understand the points they mentioned are already complied in Job offer Letter. So what should be a specific reason ?
It's hard to comment without seeing the full text of your PFL.
 

ahsanr

Full Member
Oct 21, 2018
32
3
It's hard to comment without seeing the full text of your PFL.
PFL was not clear only they said these wording
In the course of reviewing your file, it appears that your application for permanent residence may have to be refused as you and/or your family member(s) do not appear to meet immigration requirements. In order to become a permanent resident under this class, you and your family members must comply with requirements as specified in the Immigration and Refugee Protection Regulations for this class.
I have completed the assessment of your permanent resident application and have determined that you do not meet one or more of the requirements for immigration to Canada, specifically that you have not provided an offer of employment that falls under NOC 4412 and is genuine.
 

Naturgrl

VIP Member
Apr 5, 2020
44,475
9,381
PFL was not clear only they said these wording
In the course of reviewing your file, it appears that your application for permanent residence may have to be refused as you and/or your family member(s) do not appear to meet immigration requirements. In order to become a permanent resident under this class, you and your family members must comply with requirements as specified in the Immigration and Refugee Protection Regulations for this class.
I have completed the assessment of your permanent resident application and have determined that you do not meet one or more of the requirements for immigration to Canada, specifically that you have not provided an offer of employment that falls under NOC 4412 and is genuine.
So IRCC doesn’t believe the offer is genuine. is this to hire a family member? If so, why must a family member be hired? What is employer doing now for care? Does employer need full time care? Wages? What is the job?
 
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ahsanr

Full Member
Oct 21, 2018
32
3
So you received a PFL for the job offer? Were ADRs requested and still refused? Need to post the letter with explanation of care required, income and if to bring a family member to Canada.

So the employer is the wife and the wife would have set up the CRA/business account, as she is in need of the caregiver. The husband cannot care for wife and has exhausted all options for care in Canada. Why does she need full time care? Age? What is spouse’s income because could be an issue since wife is employer. Is this to bring a family member to Canada?
Husband is the employer as he was hiring caregiver for his wife. Secondly he has a CRA number and her wife age is 55 ad beside family doctor recommend already that his wife need caregiver. Rest he is earning more so there is no chance of income concern.
 

scylla

VIP Member
Jun 8, 2010
95,583
21,943
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Husband is the employer as he was hiring caregiver for his wife. Secondly he has a CRA number and her wife age is 55 ad beside family doctor recommend already that his wife need caregiver. Rest he is earning more so there is no chance of income concern.
I would order your GCMS notes to see the detailed reasons for the refusal. I think that's the only way you will find out.
 
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Reactions: ahsanr

ahsanr

Full Member
Oct 21, 2018
32
3
So IRCC doesn’t believe the offer is genuine. is this to hire a family member? If so, why must a family member be hired? What is employer doing now for care? Does employer need full time care? Wages? What is the job?
Justification to hire a family member he did not asked in PFL. He said job offer is not genuine where as i submitted the old format which was in 2020 and then i submitted new format in June 2023 after PFL and salary was 21 doller hourly with inside employer home accommodation as he was giving full basement. Private doctor recommend in medical report the she need a caregiver full time.
 

ahsanr

Full Member
Oct 21, 2018
32
3
I would order your GCMS notes to see the detailed reasons for the refusal. I think that's the only way you will find out.
yeh GCMS notes are mandatory which i applied already. But do you think i can go for reconsideration
 

Naturgrl

VIP Member
Apr 5, 2020
44,475
9,381
Justification to hire a family member he did not asked in PFL. He said job offer is not genuine where as i submitted the old format which was in 2020 and then i submitted new format in June 2023 after PFL and salary was 21 doller hourly with inside employer home accommodation as he was giving full basement. Private doctor recommend in medical report the she need a caregiver full time.
Order GCMS notes. Job offer not being genuine may be because hiring a family member. So when was PFL received? Job offer should be coming from spouse who needs to the care? How much is spouse’s income to pay $21 per hour? As could be issue about job not being genuine. What has been detailed about not finding care in Canada?
 

ahsanr

Full Member
Oct 21, 2018
32
3
Order GCMS notes. Job offer not being genuine may be because hiring a family member. So when was PFL received? Job offer should be coming from spouse who needs to the care? How much is spouse’s income to pay $21 per hour? As could be issue about job not being genuine. What has been detailed about not finding care in Canada?
I received PFL in june 2023 and received refusal in this november. Rest spouse income is above 100,000 doller. Yes detail about not finding care in canada is may be the cause.
 

ahsanr

Full Member
Oct 21, 2018
32
3
Order GCMS notes. Job offer not being genuine may be because hiring a family member. So when was PFL received? Job offer should be coming from spouse who needs to the care? How much is spouse’s income to pay $21 per hour? As could be issue about job not being genuine. What has been detailed about not finding care in Canada?
Its strange. Atleast they must clear mentioned the detail what they required in PFL. Only job offer in not genuine is not enough to consider the other thinking of visa officer. And rest on refusal what he mentioned the point A to E are completely complied in offer letter.
 

scylla

VIP Member
Jun 8, 2010
95,583
21,943
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
yeh GCMS notes are mandatory which i applied already. But do you think i can go for reconsideration
You can always ask for reconsideration. Whether that has any chance of being approved will depend on the refusal reasons.

Since you received PFL earlier, there were definitely concerns with your application and it sounds like those weren't fully addressed. Did you order GCMS notes after receiving the PFL? What did they say?