Hello Everyone,
Today I got Procedural Fairness Letter on my CIC account after Jan 2019 which states that
I am now completing the assessment of your application for a permanent resident visa as a skilled worker. It appears that you may not meet the requirements for immigration to Canada.
Subsection 75(2) of the Immigration and Refugee Protection Regulations 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.
You do not appear to meet the requirement(s) under paragraph(s) a) for the following reasons:
You have not submitted sufficient evidence to satisfy me that you have at least one year of continuous full-time paid work experience, or the equivalent in continuous paid part-time work experience, in the occupation identified in your application.
You have not submitted sufficient evidence to satisfy me that you have at least one year of continuous full-time paid work experience, or the equivalent in continuous paid part-time work experience, in an occupation that is listed in Skill Type 0 or Skill Level A or B of the National Occupational Classification matrix.
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.
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.
I note also that your employment records from ABC Company provided do not provide the same job title you provided in your application. There is insufficient evidence to conclude that you have relevant experience in Advertising, marketing and public relations management.
Subsection 75(3) states that if a foreign national fails to meet these requirements, the application shall be refused and no further assessment is required.
In addition, section 11.2 of the Immigration and Refugee Protection Act states that 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.
Immigration, Refugees and Citizenship Canada (IRCC) invited you to apply for permanent resident status based on the qualifications you claimed in your Express Entry profile. Section 11.2 of the Immigration and Refugee Protection Act 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 you no longer appear to 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 appear to meet the requirements of Section 11.2 of the Immigration and Refugee Protection Act.
Before I make a final decision, you may submit additional information to address the concerns raised in this correspondence. All documents must be accompanied by English or French translations.
You will have 30 days from the date of this correspondence to submit additional information to me via your online account.
The above information/documents must be received by the deadline specified. Failure to do so could result in the refusal of your application.
If you choose not to respond with additional information I will make my decision based on the information before me, which may result in the refusal of your application.
I look forward to receiving your additional information.
Sincerely,
Migration Officer
Immigration, Refugees and Citizenship Canada (IRCC), London
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