Application refused due to insufficient funds

[Asivad Anac]

But Asivad if he puts any amount less than the Min Requested fund then automatically the Profile will update to Not eligible for FSW and will say only eligible for CEC.

I assume he got ITA under FSW by mistake and he should have declined that and waited for ITA under CEC.

We don't know beyond what the OP has told us and based on that information, their best chance for a positive appeal lies in challenging the refusal on the grounds of proof of financial capability rather than on the grounds of wrong invitation.

 

[Quebec_EE_FSW]

Because funds aren't part of the MEC (minimum eligibility criteria) for FSW. Foreign work experience, language skills and ECA are.

I am trying to understand the process flow of CIC but couldn't come to a conclusion as it always varies from one applicant to the other.

After reading the posts from people who received their RPRF requests (which says that the candidate has cleared the eligibility requirements) , I thought that has cleared his ECA, work experience, PCC and POF except criminality and security checks. But, now as you mentioned that POF doesn't come under MEC, does that mean a candidate can be rejected on not meeting POF criteria even after a person has received RPRF request?

 

[Elitelove87]

I am in the same boat! I also put CAD2000 I don't understand why I got FSW too... Could you request a Substituted evaluation? Should I cancel my application and apply under cec?

 

[gorkhethito]

Because funds aren't part of the MEC (minimum eligibility criteria) for FSW. Foreign work experience, language skills and ECA are.

Asivad,so only the applicant who doesnt require funds as of tables are the one who has lmo/lmia job ongoing and has arranged employment..plz correct me if i am wrong?? I currently fall on this category and i have application going on..

 

[Asivad Anac]

I am trying to understand the process flow of CIC but couldn't come to a conclusion as it always varies from one applicant to the other.

After reading the posts from people who received their RPRF requests (which says that the candidate has cleared the eligibility requirements) , I thought that has cleared his ECA, work experience, PCC and POF except criminality and security checks. But, now as you mentioned that POF doesn't come under MEC, does that mean a candidate can be rejected on not meeting POF criteria even after a person has received RPRF request?

I know from personal experience that POF is the final hurdle for FSW applicants. Possibly even after criminality checks and, of course, everything else that comes before it.

 

[pmathew]

Hello all
after reading this thread i am also confused.
i am applying through CEC and also have my ECA done.
So confused whether i should show the ECA or just leave it. Experts please guide me!

 

[Asivad Anac]

Asivad,so only the applicant who doesnt require funds as of tables are the one who has lmo/lmia job ongoing and has arranged employment..plz correct me if i am wrong?? I currently fall on this category and i have application going on..

The only ones who are exempted from POF requirements are applicants with either an LMIA job offer or invited under CEC.

 

[dobes]

Because funds aren't part of the MEC (minimum eligibility criteria) for FSW. Foreign work experience, language skills and ECA are.

I totally agree. I believe this is one place where CIC's regulations have overstepped their bounds in deciding the criteria by which financial stability are to be assessed. The point of the law is that the applicant should show that s/he will not become a public burden in Canada, by having sufficient funds to establish him- or herself while finding a job. It makes no sense, then, that regulations say that a CEC applicant outside Canada, who will have to quit a job to return to Canada and find a new one does not have to show settlement funds, while an FSW applicant who has a current, permanent job in Canada does. Doesn't an ongoing salary prove one's ability to support oneself? I think it does - and therefore the regulation is too narrow in carrying out the intent of the law.

Regulations and law are not the same thing, and it would be great if someone had the funds to challenge this regulation as being ultra vires - without authority in the law.

Failing that, and in the OP's position, I would write a CSE stating two things: 1) that in addition to the bank account, the OP provided evidence of an ongoing Canadian salary in excess of the required funds as proof of his/her ability to support him- or herself, and 2) that the OP stated s/he had funds of $2000 on the EE application and was offered an FSW ITA instead of a CEC one, for which s/he was also eligible.

It's a long shot, though. The OP should also make a new profile, doing whatever has to be done to qualify for CEC only.

 

[pmathew]

@Asivad
I am also applying through CEC.. so as a safe bet i will not enter ECA details though i have the ECA done. Is it okay? as i have a LMIA

 

[Quebec_EE_FSW]

I know from personal experience that POF is the final hurdle for FSW applicants. Possibly even after criminality checks and, of course, everything else that comes before it.

Did you apply for your GCMS notes for your previous application? If applied, did it say that initially the POF requirement was met and later the VO took a decision against it? I am asking this because I have seen people reporting on the forum that GCMS notes says MET just after 6 weeks of application.

 

[dobes]

But Asivad if he puts any amount less than the Min Requested fund then automatically the Profile will update to Not eligible for FSW and will say only eligible for CEC.

I assume he got ITA under FSW by mistake and he should have declined that and waited for ITA under CEC.

1) He would never get a CEC ITA if the EE software said he was eligible for FSW as well, and 2) the software itself is problematic in that funds are not a qualification for FSW - but they have been made a factor of admissibility for FSW applicants. So the software rightly said he was qualified for FSW - but failed to note that his answer to funds made him inadmissible under that program. Horrible.

 

[martinsdaddy]

I know from personal experience that POF is the final hurdle for FSW applicants. Possibly even after criminality checks and, of course, everything else that comes before it.

RPRF indicates that you have met all eligibility requirements for the program, excluding criminality, security and medical checks. These are all mutually exclusive processes. Like all other requirements, POF is just another eligibility requirements.
I'm sorry for your rejection but i'll advise that you do no torture yourself again by sending a CSE, you WILL BE REJECTED, AGAIN. It is clearly stated in CICs standard operating procedures that those requiring a POF should meet the minimum financial threshold. There's nothing like "compassionate grounds" or whatever. Create another profile, make sure you qualify for CEC and pray. CEC candidates are having the applications approved in less than 2 months now, so you are better off using that channel.

 

[dobes]

I know from personal experience that POF is the final hurdle for FSW applicants. Possibly even after criminality checks and, of course, everything else that comes before it.

Yes. Along with medical and criminal checks, it's a factor of admissibility to Canada, not of qualification for a particular program. That's why it happens time and again that people who write in a small amount of money, or even zero funds, still find themselves accumulating the necessary 67 points for FSW. They are eligible for FSW, but under that program they are inadmissible to Canada without the money in the bank. It's a real mistake in the software CIC is using, and it may end up harming a lot of people.

 

[Asivad Anac]

Did you apply for your GCMS notes for your previous application? If applied, did it say that initially the POF requirement was met and later the VO took a decision against it? I am asking this because I have seen people reporting on the forum that GCMS notes says MET just after 6 weeks of application.

I didn't apply for GCMS but I did have multiple CSE-based conversations with the officer and was reassured that POF was the only glitch and, even therein, it was a technicality rather than a problem. Like all human processes, this is also arbitrary and depends on humans making decisions based on their interpretations and understanding. Which is probably why similar circumstances yield different results for different applicants. I've made my peace with it.

 

[gorkhethito]

As of oct 6 2015..update for selection creteria in FSW regarding fuds are as follows: In addition to the selection criteria set forth in subsection R76(1), the applicant must also have sufficient funds available to support their settlement in Canada, pursuant to subparagraph R76(1)(b)(i).

Pursuant to subparagraph R76(1)(b)(ii), applicants are not required to have settlement funds if the applicant is authorized to work in Canada and has been awarded points for a qualifying offer of arranged employment under Express Entry or for arranged employment in Canada, as defined in subsection R82(1), under paragraph R82(2)(a), (b) or (d).
The only main reason here for the rejection is qualifying offer of arranged employment,since he was on pgwp, where as qualifying job offer states that it needs lmia and permanent offer letter and the only time you dont need new lmia is when you are currently working under lmo/lmia and the same employer is offering you permanent job on inderminate basis...