Baffled at reasons for rejection

[Andy547]

She has a professional corporation yes. But she does work for a medical clinic. She was offered that job before we came to Canada. She practiced medicine in England before we came.

Its strange because one of her colleagues who works at the same clinic, arrived at the same time from England with identical qualifications, experience and time in Canada was accepted yesterday.

 

[scylla]

She has a professional corporation yes. But she does work for a medical clinic. She was offered that job before we came to Canada. She practiced medicine in England before we came.

Its strange because one of her colleagues who works at the same clinic, arrived at the same time from England with identical qualifications, experience and time in Canada was accepted yesterday.

Does her friend get paid the same way she does? Any chance her friend was a direct employee of the clinic while your wife was paid through her corporation?

 

[Andy547]

The circumstance are identical along with many other of our friends

 

[Dexmoody]

What matters is:

- did you list and prove any of the experience in England in the profile?
- what program was your ITA issued for? Was it CEC?

I would venture a guess and say that her colleagues applied under FSW.

 

[andy108]

Thats what i wonder, how can a person looking after 400+ patients be self-employed, thats an interesting case and I would strongly suggest talking to a registered immigration consultant.

There's a time frame for you to appeal on your case. If you believe the rejection is unfair and you can prove it then I do believe that there's still a chance.

But get a good RCIC

 

[Andy547]

Sorry I don't know what ITA means,

All qualifications have been verified and valid. CPSA would not have issued a license to practice if they weren't.

She signed a contract for 40 hours a week to the clinic named on the work permit. We were advised to start a professional corporation for tax purposes, but her employer is also one of the directors of the corporation.

 

[andy108]

Sorry I don't know what ITA means,

All qualifications have been verified and valid. CPSA would not have issued a license to practice if they weren't.

She signed a contract for 40 hours a week to the clinic named on the work permit. We were advised to start a professional corporation for tax purposes, but her employer is also one of the directors of the corporation.

This is a self-employment.

ITA - Invitation to Apply.

 

[Dexmoody]

Sorry I don't know what ITA means,

All qualifications have been verified and valid. CPSA would not have issued a license to practice if they weren't.

She signed a contract for 40 hours a week to the clinic named on the work permit. We were advised to start a professional corporation for tax purposes, but her employer is also one of the directors of the corporation.

They are not questioning her qualifications - the refusal has nothing to do with that. They think that she was self-employed, and that work experience is not counted under CEC. Because it is not counted, she did not qualify for CEC and hence the application was rejected.

ITA means Invitation to Apply. After you submitted your EE profile, you were invited to apply for Permanent Residence. That Invitation was issued for a specific immigration program. It's in your myCIC account and is a PDF file. Look at it - what does it say?

Invitation under Canadian Experience Class (CEC)? Or Federal Skilled Worker (FSW)?

The sentence is right at the top of the letter and reads:

"We are writing to you about your Express Entry profile submission.

Based on the information you provided us in your Express Entry profile, we are pleased to invite you to apply for
permanent residence under the XXXXXXXXXXX program."

 

[Andy547]

Ok found it.

We were invited to apply under CEC.

 

[Andy547]

Her colleagues applied with CEC too. Both have now been issued Permanent residency.

 

[Dexmoody]

Ok found it.

We were invited to apply under CEC.

That's what I suspected.

Check with her colleague who received the approval. Was he/she also invited under CEC, or was it FSW?

If it was CEC, you have a case for appeal because it means that CIC treated the same work situation differently.

If they were invited under FSW, it means they received the PR based on their foreign experience, not based on the Canadian experience. Then you have to start again and apply under FSW (provided you qualify for it).

EDIT: Just saw your response. Are you 100% certain? Because if you qualify for both, people used to be invited under FSW by default. What matters is what it says in the ITA.

 

[Andy547]

Actually he just came back to use and said it was FSWP.

The ITA offered us CEC.

Based on the information you provided us in your Express Entry profile, we are pleased to invite you to apply for permanent residence under the . Below is the list of criteria upon which this invitation was based on:

human capital age - 80
human capital first official language proffieciency -128
CRS – Human Capital – Canadian Work Experience -35
CRS – Spouse – First Official Language Proficiency -20
CRS – Spouse – Canadian Work Experience -5
CRS – Skill Transferability – Foreign Work Experience - 50
CRS – Arranged Employment - 600

Total 918

 

[Patica]

When did you send your application (when is your AOR)?

 

[Andy547]

November it was submitted.

I don't know what AOR is sorry!

 

[Patica]

It is the pdf you receive confirming you have submitted your application

So she was invited under CEC and her colleagues under FSW? Am I correct?