Date: November 7, 2019
UCI: Application:
Dear ,
I have now completed the assessment of your application for a permanent resident visa as a skilled
worker. I have determined that you do not meet the requirements for immigration to Canada.
Subsection 75(2) of the Immigration and Refugee Protection Regulations (IRPR) states that a foreign
national is a skilled worker if:
a) within the ten years preceding the date of their application for a permanent resident visa,
they have accumulated at least one year of continuous full-time (30 hours/week) work
experience, as described in subsection 73(1), or the equivalent in continuous part-time
work, in the occupation identified in their application as their primary occupation, other
than a restricted occupation, that is listed in Skill Type 0 Management Occupations or
Skill Levels A or B of the National Occupational Classification matrix;
b) during that period of employment they performed the actions described in the lead
statement for the occupation as set out in the occupational descriptions of the National
Occupational Classification;
c) during that period of employment they performed a substantial number of the main duties
of the occupation as set out in the occupational descriptions of the National Occupational
Classification, including all of the essential duties;
d) they submitted the results of a designated English or French language test, which is less
than two years old on the date of application, indicating that they have met or exceeded
the applicable language proficiency threshold set by the Minister for each of the four
language skill areas; and
e) they submitted their completed Canadian educational credential or their completed
foreign educational credential and the equivalency assessment from a designated
organization or institution that is less than five years old on the date of application.
I am not satisfied that you meet the requirement(s) under paragraph(s) b), c) in regards to your
employment with University because you have not submitted sufficient evidence to satisfy me
that you have performed the actions described in the lead statement for the occupation identified in your
application: NOC: 2131 Civil engineers.
As well you have not submitted sufficient evidence to satisfy me that you have performed a substantial
number of the main duties for the occupation identified in your application.
This change in your qualifications resulted in a loss of points that brought your rank below the lowest
ranking person who was invited to apply in your round of invitation, under the Express Entry
Comprehensive Ranking System.
Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) states that a foreign national
must, before entering Canada, apply to an officer for a visa or for any other document required by the
regulations. The visa or document may be issued if, following an examination, the officer is satisfied that
the foreign national is not inadmissible and meets the requirements of this Act. Subsection 2(2) specifies
that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.
In addition, according to section 11.2 of the IRPA:
An officer may not issue a visa or other document in respect of an application for permanent
residence to a foreign national who was issued an invitation under Division 0.1 to make such an
application if – at the time the invitation was issued or at the time the officer received their
application – the foreign national did not meet the criteria set out in an instruction given under
paragraph 10.3(1)(e) or does not have the qualifications on the basis of which they were ranked
under an instruction given under paragraph 10.3(1)(h) and were consequently issued the
invitation.
Section 11.2 of the IRPA requires that information provided in your Express Entry Profile concerning
your eligibility to be invited to apply (10.3(1)(e)), as well as the qualifications on the basis of which you
were ranked (10.3(1)(h)) be valid both at the time the invitation was issued and at the time the application
for permanent residence is received.
As I have found that you no longer meet the minimum criteria to be eligible to be invited to apply set out
in an instruction given under 10.3(1)(e), you no longer meet the requirements of Section 11.2 of the Act.
I am therefore refusing your application.
You will receive a refund of the Right of Permanent Residence Fee that you have paid.
The decision communicated in this letter constitutes the definitive and final decision on your present
application. Your application will be retained, under current Government of Canada file retention
guidelines, for a period of two years. Your application forms and supporting documents will not be
returned to you. If you should submit a new application it would require new fees and documentation and
would need to meet all the requirements in effect at the time the application is submitted.
You must remove your Job Seeker profile from the Job Bank website, as you are no longer an Express
Entry candidate. You must also remove any references that you are a candidate for Express Entry from
any private job board websites, if you used any.
If you still want to come to Canada as a skilled immigrant, you may take steps to improve your
competitiveness and register for Express Entry at a later date. For example, you may try to improve your
language score or gain a higher level of education. However, you must still meet minimum requirements
to enter the Express Entry pool and there is no guarantee that you will that you will be issued another
invitation to apply for permanent residence under one of the immigration programs subject to Express
Entry.
Sincerely,
Immigration, Refugees and Citizenship Canada | Immigration, Réfugiés et Citoyenneté Canada
Government of Canada | Gouvernement du Canada
www.cic.gc.ca