PR APPLICATION REFUSED

[Ully Anne]

Hey guys,

I’ve searched here and all over the internet and could not find a similar case. I got my pr application refused today because of my college. The college that I was enrolled was private and I took 1 year of business classes. Cic informed me that the college was not eligible. How can I know if the college is or is not eligible? I went to 2 lawyers that told me that PGWP and PR have different processes in analyzing the college and not necessarily because it’s a private college it wouldn’t be eligible for PR. So I’m very confused and have no idea what to do now. Any one with similar case or know what to do? Can I appeal this?

Refusal letter from CIC:

Foreign workers may declare their Canadian education under the Canadian Experience Class if the educational institution meets at least one the following requirements:
• a public post-secondary institution, such as a college, trade or technical school, university or CEGEP (in Quebec);
• a private post-secondary institution that operates under the same rules and regulations as public institutions;
• a private secondary or post-secondary institution (in Quebec) offering qualifying programs of 900 hours or longer leading to a diploma of vocational studies (DVS) or an attestation of vocational specialization (AVS); or
• a Canadian private institution authorized by provincial statute to confer degrees (i.e., bachelor’s degree, master’s degree, doctorate), but only if the student is enrolled in one of the programs of study leading to a degree, as authorized by the province, and not in just any program of study offered by the private institution.

As the institution you attended Greystone College of Business and Technology was not one of the above, your declared Canadian education in your express entry profile would not be eligible as per subsection 73(1) of the Regulations

 

[Gabrielmsf]

Just a question - did you try to claim the extra canadian education points for your degree and then fell below the cut off score when those points were subtracted?

or did they flat out denied your degree?

 

[Ully Anne]

I guess they subtracted and saw that I no longer had enough points, cause in one part of the letter they say:

After rejecting the education line for Greystone College of Business and Technology, this change in your qualifications resulted in a loss of 46 points that brought your rank from 465 to 419 - below the lowest ranking person who was invited to apply in the draw, under the Express Entry Comprehensive Ranking System. The lowest point score in the round of invitation that you were invited in was: 459.

 

[a-imperator]

That's interesting.

How come that college u went to doesn't fall under the 2nd bullet?

• a private post-secondary institution that operates under the same rules and regulations as public institutions;

If i may also ask what degree did you get and how long did it take u to complete?

 

[scylla]

That's interesting.

How come that college u went to doesn't fall under the 2nd bullet?

• a private post-secondary institution that operates under the same rules and regulations as public institutions;

Because the school does not meet this requirement: "operates under the same rules and regulations as public institutions"

 

[a-imperator]

Because the school does not meet this requirement: "operates under the same rules and regulations as public institutions"

You sure of that? What sort of rules are these?

So sorry for you btw. What are the options u have now since u spoke to lawyers?

 

[Ully Anne]

That's interesting.

How come that college u went to doesn't fall under the 2nd bullet?

• a private post-secondary institution that operates under the same rules and regulations as public institutions;

If i may also ask what degree did you get and how long did it take u to complete?

I got diploma in International Business Management, it was a 1 year course, full time.

 

[Ully Anne]

Because the school does not meet this requirement: "operates under the same rules and regulations as public institutions"

But how can I know if it does or not? For me was a regular college.

 

[Ully Anne]

You sure of that? What sort of rules are these?

So sorry for you btw. What are the options u have now since u spoke to lawyers?

I talked to lawyers before applying, I’m seeing one today to see what my options are. But still can’t believe they refused it because of this. I had everything right and went to college for a year, how are we supposed to know if the college is eligible or not?

 

[a-imperator]

I talked to lawyers before applying, I’m seeing one today to see what my options are. But still can’t believe they refused it because of this. I had everything right and went to college for a year, how are we supposed to know if the college is eligible or not?

I'd like to know that as well. @scylla could you please elaborate more on what you meant by it does not operate under the same rules as public institutions? What sort of rules are these?

 

[scylla]

But how can I know if it does or not? For me was a regular college.

The easiest way to see this is to look if the school qualifies for a PGWP or not. If it doesn't qualify for a PGWP, then it's safe to assume it doesn't operate under the same rules as a public institution.

 

[Lapta]

But how can I know if it does or not? For me was a regular college.

you have to check if this college was under Designated learning institutions list
here is the link : https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/prepare/designated-learning-institutions-list.html


in my opinion you should get involve into one of these college and do your one year study. there are so many easy going college in GTA.
All the lawyer going to have different opinion on this, but check with best lawyer.
good luck

 

[Gabrielmsf]

I guess they subtracted and saw that I no longer had enough points, cause in one part of the letter they say:

After rejecting the education line for Greystone College of Business and Technology, this change in your qualifications resulted in a loss of 46 points that brought your rank from 465 to 419 - below the lowest ranking person who was invited to apply in the draw, under the Express Entry Comprehensive Ranking System. The lowest point score in the round of invitation that you were invited in was: 459.

This is very troubling,I understand that they require you to be in a a public school or one that follows the same rules for the extra Canadian education points. But I never heard that they would completely disregard your education if it didn't meet that criteria.

When I made my own application, I answered that my one year degree from a trade/vocational school (school has a DLI) here in Canada was NOT from a school that follows the same rules as public institutions and, although I was not awarded the canadian education points, I got the normal education points.

Now i'm wondering if I should withdraw my application... received my AOR a bit less than a month ago and my PGWP is almost expiring.

Wish they had this information available anywhere, when you look for 73(1) it only says:

73 (1) The following definitions apply in this Division.

Canadian educational credential means any secondary school diploma or any post-secondary diploma, certificate or credential that is issued on the completion of a Canadian program of study or training at an educational or training institution that is recognized by the provincial authorities responsible for registering, accrediting, supervising and regulating such institutions. (diplôme canadien)​

 

[Gabrielmsf]

Hey Ully, you might want to take a look at this:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system.html?fbclid=IwAR03XjfgDCUlolhGO3v1Jgi-qoDFNBowmaKmj_xpHemYAPOyEjKvlN7RHOM


Level of education
11 (1) The points that are to be assigned for the level of education factor referred to in subparagraph 8(1)(a)(ii) are the following:

• (a) for a foreign national who has no accompanying spouse or common-law partner

(i) 0 points, if the foreign national has less than a secondary school credential,
(ii) 30 points, if the foreign national has a secondary school credential,
(iii) 90 points, if the foreign national has a one-year post-secondary program credential,
(iv) 98 points, if the foreign national has a two-year post-secondary program credential,
(v) 120 points, if the foreign national has a post-secondary program credential of three years or more,
(vi) 128 points, if the foreign national has two or more post-secondary program credentials and at least one of them was issued at the completion of a post-secondary program of three years or more,
(vii) 135 points, if the foreign national has a university-level credential at the master’s level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill level A for which licensing by a provincial regulatory body is required, and
(viii) 150 points, if the foreign national has a university-level credential at the doctoral level; and
(b) for a foreign national who has an accompanying spouse or common-law partner(i) 0 points, if the foreign national has less than a secondary school credential,
(ii) 28 points, if the foreign national has a secondary school credential,
(iii) 84 points, if the foreign national has a one-year post-secondary program credential,
(iv) 91 points, if the foreign national has a two-year post-secondary program credential,
(v) 112 points, if the foreign national has a post-secondary program credential of three years or more,
(vi) 119 points, if the foreign national has two or more post-secondary program credentials and at least one of them was issued at the completion of a post-secondary program of three years or more,
(vii) 126 points, if the foreign national has a university-level credential at the master’s level or an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill level A for which licensing by a provincial regulatory body is require , and
(viii) 140 points, if the foreign national has a university-level credential at the doctoral level.
Highest level of education
(2) Points are to be assigned under subsection (1) for the highest level of education obtained.

Educational credentials
(3) In order for a foreign national to be assigned points under subsection (1),

(a) their educational credentials must be Canadian educational credentials; or
(b) they must have an educational credential equivalency assessment in respect of their foreign educational credentials issued by an organization or institution designated under subsection 75(4) of the Regulations.


This part is alright, but when you go down, it says:


Points for Canadian educational credential
30 (1) The points that may be assigned for Canadian educational credential factors are the following:

• (a) 0 points, if the foreign national has a secondary school educational credential;
• (b) 15 points, if the foreign national has an eligible credential from a one-year or two-year post-secondary program; and
• c) 30 points, if the foreign national has
  • (i) an eligible credential from a post-secondary program of three years or more,
  • (ii) an eligible credential from a university-level program at the master’s level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill Level A for which licensing by a provincial regulatory body is required, or
  • (iii) an eligible credential from a university-level program at the doctoral level.

Highest level of education
(2) Points are to be assigned under subsection (1) only for the eligible credential corresponding to the highest level of education for which the foreign national meets the requirements of subsection (3).

Requirements
(3) Points are only assigned under subsection (1) if, for the purpose of obtaining the credential, the foreign national

• (a) studied in Canada at a Canadian educational institution;
• (b) was enrolled in full-time study or training for at least eight months; and
• (c) was physically present in Canada for at least eight months.

Eligible credentials
(4) For the purpose of this section, an eligible credential is one of the following:

• (a) a degree, diploma, certificate or trade or apprenticeship credential from a Canadian public post-secondary institution or from a Canadian private post-secondary institution that operated under the same rules and regulations as a Canadian public post-secondary institution;
• (b) a diplôme d’études professionnelles (DEP) or an attestation de spécialisation professionnelle (ASP) earned through a program of study of at least 900 hours from a private secondary or post-secondary institution in Quebec; or
• (c) a Bachelor’s, Master’s or doctoral degree from a Canadian private post-secondary institution, if a provincial statute authorizes that institution to confer that credential.

Exceptions
(5) For the purpose of this section, the following are not eligible credentials:

• (a) credentials obtained in a study or training program in which the study of English or French as a second language amounted to more than half of the program;
• (b) credentials obtained in a study or training program in which distance learning amounted to more than half of the program; or
• (c) credentials obtained in a study or training program while receiving a scholarship or fellowship that stipulated that the recipient return to their home country to apply the knowledge and skills gained.

So from that, I could gather that IF when filling up your profile you answered "Yes"when asked if your diploma is:


- a private post-secondary institution that operates under the same rules and regulations as public institutions, or
- a private secondary or post-secondary institution (in Quebec) offering qualifying programs of 900 hours or longer leading to a diplôme d’études professionnelles (DEP) or an attestation de spécialisation professionnelle (ASP), or
- a Canadian private institution authorized by provincial statute to confer degrees but only if you are enrolled in one of the programs of study leading to a degree as authorized by the province and not in all programs of study offered by the private institution.


Then, because your education is not from a school that follows the same rules as a public college, the officer was right in removing 15 Points from the Canadian education criteria.

The word "Eligible" is key here.

However, that same word is missing when talking about the normal education points, so my interpretation is that the officer's assessment is partially incorrect, and you should have gone down to 450 instead of 419. This is only my interpretation though, and it might differ from the officers...

If the cutoff was 450 I would tell you to fight for it, but as it was 459 I'm afraid there's not much that can be done :/

 

[Hassan89]

But how can we know that the private post-secondary institution operates under the same rules and regulations as public institutions ???