What did they write in your refusal letter?
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 76(1) of the Immigration and Refugee Protection Regulations (IRPR) states that a foreign national is a skilled worker if:
(a) the skilled worker must be awarded not less than the minimum number of required points referred to in subsection (2) on the basis of the following factors, namely,
(i) education, in accordance with section 78,
(ii) proficiency in the official languages of Canada, in accordance with section 79, (iii) experience, in accordance with section 80,
(iv) age, in accordance with section 81,
(v) arranged employment, in accordance with section 82, and
(vi) adaptability, in accordance with section 83; and
(b) the skilled worker must
(i) have in the form of transferable and available funds, unencumbered by debts or other obligations, an amount equal to one half of the minimum necessary income applicable in respect of the group of persons consisting of the skilled worker and their family members, or
(ii) be awarded points under paragraph 82(2)(a), (b) or (d) for arranged employment, as defined in subsection 82(1), in Canada.
Based on the documents provided in your application, I am not satisfied on a balance of probabilities that you meet the settlement funds requirement pursuant to R76(1)(b)(i). Specifically, I am not satisfied on a balance of probabilities that you have transferable and available funds, unencumbered by debts or other obligations as per R76(1)(b)(i).
As a result, I am not satisfied that you meet the requirement under paragraph 76(1)(b)(i) as you have not submitted sufficient evidence to satisfy me that you have the required settlement funds ($12,669 Canadian dollars) unencumbered by debts or other obligations at the time you had submitted your application for permanent residence.
Section 77 of the IRPR states that the requirements stated in sections 75 and 76 of the IRPR must be met on the date on which an application for a permanent resident visa is made and on the date on which it is issued.
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,foraperiodoftwoyears. Yourapplicationformsandsupportingdocumentswillnotbereturned 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.
