I got ITA under PNP(OINP) however Got PFL for not meeting CEC

[chiragd_ee]

Hi Everyone ,

Need your help .
I received NOI for OINP through EE and got Nomination certificate (Human Capital Stream). Earned 600 points and got ITA under

• NOI - 6th March 2024
• PNP certificate + 600 points - 27th Sept 2024
• Got ITA - PNP draw (7th October 2024 ).
• PR application submitted - 16th October
• Medical passed 28th November 2024
• BIL - 10th December 2024
• ADR(employment records) - 10th March 2024
• Got PFL -18th March 2024
  
  PFL :
  You have not met the following condition: Minimum required Canadian Skilled Work Experience
• Section 87.1(2) of the Immigration and Refugee Protection Regulations states that a foreign national is a member of the Canadian Experience Class if:
• (a) they have acquired in Canada, within the three years before the date on which their application for permanent residence is made, at least one year of full-time work experience, or the equivalent in part-time work experience, in one or more occupations, other than a restricted occupation, that are listed in TEER Category 0, 1, 2 or 3 of the National Occupational Classification;
• (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 have had their proficiency in the English or French language evaluated by an organization or institution that is designated under subsection 74(3) using a language test that is approved under that subsection, the results of which must indicate that the foreign national has met the applicable threshold that is fixed by the Minister under subsection 74(1) for each of the four language skill areas.
  
  Based on the documentation you have provided, I am not satisfied you meet the minimum one year of full-time work experience pursuant to section 87.1(2)(a).
  
  
  Brief background:
  While getting ITA I was eligible for CEC, PNP and FSW .
• I have 1 year of experience of which 8 month full time permanent falls under NOC TEER- 1 category and remaining 4 months self-employment experience same NOC. In addition to this I also have 4 years of experience same NOC in India.
  I received PFL, as now officer is not convinced that I have 1 year full time experience in Canada due to my 4 month of self-employment working history. How should I respond to PFL now?
  
  My Thoughts
• As per 87.1 if applicant not meeting the eligibility for one should be consider for other eligible stream, rather than denial officer should Substitute the criteria.
  Immigration and Refugee Protection Regulations
• Can I request Immigration officer to process my application as OINP-Human Capital Requirement Stream (Federal Skilled Worker Program) in which self employment experience is counted and I would complete my 1-year experience requirement. (Reference link: Ontario’s Express Entry Human Capital Priorities stream | ontario.ca)
• I am meeting all the requirements for PNP, but PFL is about CEC which can be exclude as my application is under PNP. Removing points for CEC I am still above the cut off score on the draw date.
  
  Would like to understand why my application is processed under CEC and not PNP based on the PNP ITA draw ?
  Can I request officer to consider me for PNP as I am not meeting the CEC criteria?

Has anyone received the PFL in the past for similar case or anyone can help how to respond the PFL?

 

[scylla]

Hi Everyone ,

Need your help .
I received NOI for OINP through EE and got Nomination certificate (Human Capital Stream). Earned 600 points and got ITA under

• NOI - 6th March 2024
• PNP certificate + 600 points - 27th Sept 2024
• Got ITA - PNP draw (7th October 2024 ).
• PR application submitted - 16th October
• Medical passed 28th November 2024
• BIL - 10th December 2024
• ADR(employment records) - 10th March 2024
• Got PFL -18th March 2024
  
  PFL :
  You have not met the following condition: Minimum required Canadian Skilled Work Experience
• Section 87.1(2) of the Immigration and Refugee Protection Regulations states that a foreign national is a member of the Canadian Experience Class if:
• (a) they have acquired in Canada, within the three years before the date on which their application for permanent residence is made, at least one year of full-time work experience, or the equivalent in part-time work experience, in one or more occupations, other than a restricted occupation, that are listed in TEER Category 0, 1, 2 or 3 of the National Occupational Classification;
• (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 have had their proficiency in the English or French language evaluated by an organization or institution that is designated under subsection 74(3) using a language test that is approved under that subsection, the results of which must indicate that the foreign national has met the applicable threshold that is fixed by the Minister under subsection 74(1) for each of the four language skill areas.
  
  Based on the documentation you have provided, I am not satisfied you meet the minimum one year of full-time work experience pursuant to section 87.1(2)(a).
  
  
  Brief background:
  While getting ITA I was eligible for CEC, PNP and FSW .
• I have 1 year of experience of which 8 month full time permanent falls under NOC TEER- 1 category and remaining 4 months self-employment experience same NOC. In addition to this I also have 4 years of experience same NOC in India.
  I received PFL, as now officer is not convinced that I have 1 year full time experience in Canada due to my 4 month of self-employment working history. How should I respond to PFL now?
  
  My Thoughts
• As per 87.1 if applicant not meeting the eligibility for one should be consider for other eligible stream, rather than denial officer should Substitute the criteria.
  Immigration and Refugee Protection Regulations
• Can I request Immigration officer to process my application as OINP-Human Capital Requirement Stream (Federal Skilled Worker Program) in which self employment experience is counted and I would complete my 1-year experience requirement. (Reference link: Ontario’s Express Entry Human Capital Priorities stream | ontario.ca)
• I am meeting all the requirements for PNP, but PFL is about CEC which can be exclude as my application is under PNP. Removing points for CEC I am still above the cut off score on the draw date.
  
  Would like to understand why my application is processed under CEC and not PNP based on the PNP ITA draw ?
  Can I request officer to consider me for PNP as I am not meeting the CEC criteria?

Has anyone received the PFL in the past for similar case or anyone can help how to respond the PFL?

Self employment cannot be counted as work experience towards CEC. It makes sense you received the PFL.

When you receive ITA you must be eligible under either CEC or FSW and are invited under a specific stream. It sounds like you were invited under CEC.

I don't know if it's possible for IRCC to switch the application to FSW. To the best of my knowledge it is not.

Did you indicate POF in your EE profile and meet the minimum requirements? Did you submit proof of POF when you submitted your complete application after ITA?

I'm not sure I understand what you mean by considering your application under PNP. This is an EE PNP stream so it is mandatory that you meet either CEC or FSW requirements, as well as PNP.

 

[CNP]

Hi Everyone ,

Need your help .
I received NOI for OINP through EE and got Nomination certificate (Human Capital Stream). Earned 600 points and got ITA under

• NOI - 6th March 2024
• PNP certificate + 600 points - 27th Sept 2024
• Got ITA - PNP draw (7th October 2024 ).
• PR application submitted - 16th October
• Medical passed 28th November 2024
• BIL - 10th December 2024
• ADR(employment records) - 10th March 2024
• Got PFL -18th March 2024
  
  PFL :
  You have not met the following condition: Minimum required Canadian Skilled Work Experience
• Section 87.1(2) of the Immigration and Refugee Protection Regulations states that a foreign national is a member of the Canadian Experience Class if:
• (a) they have acquired in Canada, within the three years before the date on which their application for permanent residence is made, at least one year of full-time work experience, or the equivalent in part-time work experience, in one or more occupations, other than a restricted occupation, that are listed in TEER Category 0, 1, 2 or 3 of the National Occupational Classification;
• (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 have had their proficiency in the English or French language evaluated by an organization or institution that is designated under subsection 74(3) using a language test that is approved under that subsection, the results of which must indicate that the foreign national has met the applicable threshold that is fixed by the Minister under subsection 74(1) for each of the four language skill areas.
  
  Based on the documentation you have provided, I am not satisfied you meet the minimum one year of full-time work experience pursuant to section 87.1(2)(a).
  
  
  Brief background:
  While getting ITA I was eligible for CEC, PNP and FSW .
• I have 1 year of experience of which 8 month full time permanent falls under NOC TEER- 1 category and remaining 4 months self-employment experience same NOC. In addition to this I also have 4 years of experience same NOC in India.
  I received PFL, as now officer is not convinced that I have 1 year full time experience in Canada due to my 4 month of self-employment working history. How should I respond to PFL now?
  
  My Thoughts
• As per 87.1 if applicant not meeting the eligibility for one should be consider for other eligible stream, rather than denial officer should Substitute the criteria.
  Immigration and Refugee Protection Regulations
• Can I request Immigration officer to process my application as OINP-Human Capital Requirement Stream (Federal Skilled Worker Program) in which self employment experience is counted and I would complete my 1-year experience requirement. (Reference link: Ontario’s Express Entry Human Capital Priorities stream | ontario.ca)
• I am meeting all the requirements for PNP, but PFL is about CEC which can be exclude as my application is under PNP. Removing points for CEC I am still above the cut off score on the draw date.
  
  Would like to understand why my application is processed under CEC and not PNP based on the PNP ITA draw ?
  Can I request officer to consider me for PNP as I am not meeting the CEC criteria?

Has anyone received the PFL in the past for similar case or anyone can help how to respond the PFL?

I am meeting all the requirements for PNP, but PFL is about CEC which can be exclude as my application is under PNP - As @scylla mentioned, even if you received PNP, you should demonstrate that you qualify for EE either through CEC or FSW or FST . Those are foundational programs of EE. There is no escaping here.

Also CEC takes precedence as mentioned here - https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=1294&top=29

 

[chiragd_ee]

Self employment cannot be counted as work experience towards CEC. It makes sense you received the PFL.

When you receive ITA you must be eligible under either CEC or FSW and are invited under a specific stream. It sounds like you were invited under CEC.

I don't know if it's possible for IRCC to switch the application to FSW. To the best of my knowledge it is not.

Did you indicate POF in your EE profile and meet the minimum requirements? Did you submit proof of POF when you submitted your complete application after ITA?

I'm not sure I understand what you mean by considering your application under PNP. This is an EE PNP stream so it is mandatory that you meet either CEC or FSW requirements, as well as PNP.

I am eligible for FSW and I understand self employment is not considered under CEC but my application should be processed/assessed under FSW if I am not meeting CEC.

Can I be eligible for more than one program under Express Entry?

There should be ADR for FSW i.e (past employment records , POF ). not the PFL .

 

[chiragd_ee]

I am meeting all the requirements for PNP, but PFL is about CEC which can be exclude as my application is under PNP - As @scylla mentioned, even if you received PNP, you should demonstrate that you qualify for EE either through CEC or FSW or FST . Those are foundational programs of EE. There is no escaping here.

Also CEC takes precedence as mentioned here - https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=1294&top=29

Thanks . Appreciate your help to clear the air.

Will be responding PFL with all necessary details to assess under FSW with all proofs.

 

[scylla]

I am eligible for FSW and I understand self employment is not considered under CEC but my application should be processed/assessed under FSW if I am not meeting CEC.

Can I be eligible for more than one program under Express Entry?

There should be ADR for FSW i.e (past employment records , POF ). not the PFL .

The link you provided above isn't at all relevant. This is related to receiving ITA. You are post ITA. You were specifically invited under CEC. I don't know if it's possible to switch to FSW (I don't believe it is) but you can certainly try asking. You correctly recieved a PFL. There was no error on IRCC's part there.

Can you confirm that you submitted evidence of proof of funds when you submitted your application post ITA and that POF met minimum requirements? This is not required for CEC but is mandatory for FSW.