I received this letter from IRCC, please assist me further course of action, shall i contact to any lawyer....
This refers to your application for permanent residence in Canada as a member of the provincial
nominee class.
I have reviewed your application and all of the information you have provided in support of it and
it appears that you do not meet the requirements for immigration to Canada.
Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign
national must, before entering Canada, apply to an officer for a visa or any other document
required by the Immigration and Refugee Protection Regulations. The visa or document shall be
issued if, following an examination, the officer is satisfied that the foreign national is not
inadmissible and meets the requirements of the Act.
The provincial nominee class is an economic immigrant category. The economic classes of
immigrants are described on Immigration, Refugees and Citizenship Canada’s official website
(www.cic.gc.ca) as “A category of immigrants selected for their skills and ability to contribute to
Canada's economy." Provincial nominees are further described on Immigration, Refugees and
Citizenship Canada’s official website as immigrants who “must have the skills, education and
work experience to contribute to the economy of that province or territory, and must want to live
there."
Subsection 87 of Canada's Immigration and Refugee Protection Regulations (IRPR) describes
the provincial nominee class as "a class of persons who may become permanent residents on
the basis of their ability to become economically established in Canada" and are “named in a
nomination certificate issued by the government of a province under a provincial nomination
agreement between that province and the Minister; and ... intend to reside in the province that
has nominated them." In order for applicants to become economically established it is expected
that they will be able to obtain gainful employment in Canada by which they can support
themselves and their dependants and that they already have the abilities, education, and work
experience which will enable them to procure and maintain such employment in Canada.
Nominations issued by provinces or territories are considered as initial evidence that nominees
have the ability to become economically established in Canada and will be of economic benefit
to the province or territory and have met the requirements of the province’s or territory’s
Provincial Nominee Program. Canada is responsible for exercising the final selection authority
and ensuring that applicants admitted under the program have met the requirements for
membership in the economic class.
Notwithstanding your nomination by a province or territory, I am not satisfied that the information
provided with your permanent residence application indicates you have the ability to become
economically established in Canada or that you otherwise meet the definition of a provincial
nominee as per Subsection 87 of the IRPR.
On 19 November 2015, you were asked to provide information in support of your application,
including payment of the Right of Permanent Residence Fees. This payment is required in order
to finalise your application. As you have not provided all of the information I requested, I intend
to refuse your application.
A copy of this letter is also being sent to the nominating province to advise of the possible
refusal of your application and the reasons for it. The province has 90 days to raise concerns or
seek clarification from the visa office regarding the assessment of your application, after which
the final decision will be made. If you have further information you wish to have considered, you
must submit it within the same 90-day time period. Extensions to this 90-day time period will not
be granted, but all information received before the final review of your application will be
considered.