Baffled at reasons for rejection
- Thread starter Andy547
- Start date
I have now completed the assessment of your application for a permanent resident visa as a member of the Canadian Experience Class and have determined that you do not meet the requirements for immigration to Canada.
Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the Regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.
In addition, according to the Immigration and Refugee Protection Act (IRPA).
11.2 An officer may not issue a visa or other document in respect of an application for permanent residence to a foreign national who was issued an invitation under Division 0.1 to make such an application if – at the time the invitation was issued or at the time the officer received their application – the foreign national did not meet the criteria set out in an instruction given under paragraph 10.3(1)(e) or does not have the qualifications on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h) and were consequently issued the invitation.
Section 11.2 of IRPA requires that information provided in your Express Entry Profile concerning your eligibility to be invited to apply (10.3(1)(e)) as well as the qualifications on the basis of which you were ranked (10.3(1)(h)) be valid both at the time the invitation was issued and at the time the application for permanent residence is received.
Citizenship and Immigration Canada invited you to apply for permanent resident status based on the qualification you claimed in your Express Entry profile.
For the reasons explained above, I am satisfied that you have been self-employed during your declared period of employment in Canada and as such, I am not satisfied that you meet the requirements of the program as set out under R87.1(3)(b). I am therefore refusing your application.
You will receive a refund of the Right of Permanent Residence Fee that you have paid.
The decision communicated in this letter constitutes the definitive and final decision on your present application. Your application will be retained, under current Government of Canada file retention guidelines, for a period of two years. Your application forms and supporting documents will not be returnedtoyou. Ifyoushouldsubmitanewapplicationitwouldrequirenewfeesanddocumentationand would need to meet all the requirements in effect at the time the application is submitted.

You must remove your Job Seeker profile from the Job Bank website as you are no longer an Express Entry candidate. You must also remove any references that you are a candidate for Express Entry from any private job board websites, if you used any.
If you still want to come to Canada as a skilled immigrant, you may take steps to improve your competitiveness and register for Express Entry at a later date. For example, you may try to improve your language score or gain a higher level of education. However, you must meet the minimum requirements to enter the Express Entry pool and there is no guarantee that you will be issued another invitation to apply for permanent residence under one of the immigration programs subject to Express Entry.
Yours sincerely,
Case Officer – CG5281
Immigration, Refugees and Citizenship Canada | Immigration, Réfugiés et Citoyenneté Canada Government of Canada | Gouvernement du Canada
www.cic.gc.ca
Subsection 11(1) of the Act states that a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the Regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.
In addition, according to the Immigration and Refugee Protection Act (IRPA).
11.2 An officer may not issue a visa or other document in respect of an application for permanent residence to a foreign national who was issued an invitation under Division 0.1 to make such an application if – at the time the invitation was issued or at the time the officer received their application – the foreign national did not meet the criteria set out in an instruction given under paragraph 10.3(1)(e) or does not have the qualifications on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h) and were consequently issued the invitation.
Section 11.2 of IRPA requires that information provided in your Express Entry Profile concerning your eligibility to be invited to apply (10.3(1)(e)) as well as the qualifications on the basis of which you were ranked (10.3(1)(h)) be valid both at the time the invitation was issued and at the time the application for permanent residence is received.
Citizenship and Immigration Canada invited you to apply for permanent resident status based on the qualification you claimed in your Express Entry profile.
For the reasons explained above, I am satisfied that you have been self-employed during your declared period of employment in Canada and as such, I am not satisfied that you meet the requirements of the program as set out under R87.1(3)(b). I am therefore refusing your application.
You will receive a refund of the Right of Permanent Residence Fee that you have paid.
The decision communicated in this letter constitutes the definitive and final decision on your present application. Your application will be retained, under current Government of Canada file retention guidelines, for a period of two years. Your application forms and supporting documents will not be returnedtoyou. Ifyoushouldsubmitanewapplicationitwouldrequirenewfeesanddocumentationand would need to meet all the requirements in effect at the time the application is submitted.

You must remove your Job Seeker profile from the Job Bank website as you are no longer an Express Entry candidate. You must also remove any references that you are a candidate for Express Entry from any private job board websites, if you used any.
If you still want to come to Canada as a skilled immigrant, you may take steps to improve your competitiveness and register for Express Entry at a later date. For example, you may try to improve your language score or gain a higher level of education. However, you must meet the minimum requirements to enter the Express Entry pool and there is no guarantee that you will be issued another invitation to apply for permanent residence under one of the immigration programs subject to Express Entry.
Yours sincerely,
Case Officer – CG5281
Immigration, Refugees and Citizenship Canada | Immigration, Réfugiés et Citoyenneté Canada Government of Canada | Gouvernement du Canada
www.cic.gc.ca
The qualifications they say she did not meet was the CEC qualifications, they don't accept self-employer. Did they do a LMIA to hire her?
Did you put funds on your profile? If not, she do not qualify for FSW and this was the reason she was invited under CEC.
Did you put funds on your profile? If not, she do not qualify for FSW and this was the reason she was invited under CEC.
Okay, so we now understand why your partner's colleague received a positive response whereas you received a negative one. It is because they were invited under FSW, but you were invited under CEC (which does not accept self-employed Canadian work experience).
You have a strange case though, because you say your partner had an LMO / LMIA, a job offer and obviously also a work permit. All these are normally only possible in a proper employment relationship as far as I know.
Yet your partner ended up starting a corporation, which legally means she was self-employed. I didn't even know that was possible on a temp visa, but obviously it worked.
It all comes down to how the relationship with your partner's clinic is considered legally. Is it a contractor / client relationship (self-employed) or is it an employee / employer relationship?
The fact that she has a corporation may not be sufficient to prove the former.
My advice to you is this:
a) Get advice from a lawyer. You will need advice in employment law and immigration law. There is a chance for an appeal if your partner's status is considered "fake" self employment (I'm not a lawyer but I know from other countries that sometimes self-employment is considered employment if certain criteria are met - don't know about the situation in Canada, but it is worth checking out).
b) In parallel, create a new EE profile. Read up on FSW criteria and make sure your partner only qualifies for FSW, not for CEC (this will likely mean not including the self-employed Canadian experience in the work history section).
You have a strange case though, because you say your partner had an LMO / LMIA, a job offer and obviously also a work permit. All these are normally only possible in a proper employment relationship as far as I know.
Yet your partner ended up starting a corporation, which legally means she was self-employed. I didn't even know that was possible on a temp visa, but obviously it worked.
It all comes down to how the relationship with your partner's clinic is considered legally. Is it a contractor / client relationship (self-employed) or is it an employee / employer relationship?
The fact that she has a corporation may not be sufficient to prove the former.
My advice to you is this:
a) Get advice from a lawyer. You will need advice in employment law and immigration law. There is a chance for an appeal if your partner's status is considered "fake" self employment (I'm not a lawyer but I know from other countries that sometimes self-employment is considered employment if certain criteria are met - don't know about the situation in Canada, but it is worth checking out).
b) In parallel, create a new EE profile. Read up on FSW criteria and make sure your partner only qualifies for FSW, not for CEC (this will likely mean not including the self-employed Canadian experience in the work history section).