Dear AA MAN:
This refers to your application for permanent residence in Canada as a Federal Skilled Worker. I have now completed the assessment of your application and have determined that you are not eligible for processing in this category for the following reason(s):
The Minister of Citizenship and Immigration issued Instructions which were published in the Canada Gazette on June 26, 2010. Only applicants who meet the criteria specified in these Ministerial Instructions are eligible to be processed in the Federal Skilled Worker class.
You have indicated that you have work experience in an occupation with the following NOC (National Occupational Classification) code: 3131 - DENTIST. Although this NOC code corresponds to the occupations specified in the Instructions identified by the Minister, you have not provided sufficient evidence that you performed the actions described in the lead statement for the occupation or that you performed a substantial number of the main duties of the occupation as set out in the occupational description of the NOC- 3131; DENTIST, including all of the essential duties.
After taking into consideration the work experience supporting documentation on file, I am not satisfied that you have performed the actions described in the lead statement for the occupation or that you performed a substantial number of the main duties of a DENTIST. As such, I am not satisfied that you are really a DENTIST - 3131.
Since you did not provide evidence that you have an Arranged Employment Offer, you do not meet the requirements of the Ministerial Instructions and your application is not eligible for processing.
Subsections 87.3(2)-(3) are the pertinent sections of the Immigration and Refugee Protection Act:
The processing of applications and requests is to be conducted in a manner that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.
...the Minister may give instructions with respect to the processing of applications and requests, including instructions
(a) establishing categories of applications or requests to which the instructions apply;
(b) establishing an order, by category or otherwise, for the processing of applications or requests;
(c) setting the number of applications or requests, by category or otherwise, to be processed in any year; and
(d) providing for the disposition of applications and requests, including those made subsequent to the first application or request.
The processing fee and, if applicable, the Right of Permanent Residence Fee that you paid are refundable. You will receive a cheque within eight to twelve weeks OR if you paid by credit card you will receive a credit on the credit card provided within eight to twelve weeks.
The refund cheque will be sent to the address provided in your application.
Note:
Any requests made on the basis of humanitarian and compassionate grounds accompanying a Federal Skilled Worker application cannot be processed unless the application is otherwise eligible for processing under the Ministerial Instructions.
Any requests for positive substituted evaluation accompanying a Federal Skilled Worker application cannot be processed unless the application has met the minimum requirements outlined under Regulation 75(2).
There are many ways to immigrate to Canada. Although you have not satisfied the requirements to apply under the Federal Skilled Worker class, you may qualify under another category. To learn more about your options,
Thank you for your interest in Canada.
MD
Service Delivery Agent
Immigration Section
Case Processing Centre
Sydney, Nova Scotia
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