What I understand is that they had a problem with my work experience in Canada and that it was not in accordance with the NOC code I applied under. However I used the same documents and NOC code when applying for PNP and it was approved.
Here is the letter they sent me:
Dear SHRADDHA,
Thank you for your interest in Canada.
I have completed the assessment of your application for a permanent resident visa as a member of the
provincial nominee class. I refused your application because I have determined that you do not meet the
requirements for immigration to Canada described in the Immigration and Refugee Protection Act and
the Immigration and Refugee Protection Regulations (“the Regulations”).
According to the Immigration and Refugee Protection Regulations, applicants in the Provincial Nominee
Program are assessed under the following programs for section 11.2: Canadian Experience Class, Federal
Skilled Trades Program and Federal Skilled Workers. Your application was assessed based on Canadian
Experience Class which you identified as part of your skilled work experience in Canada. You are
assessed on the basis of the pass/fail requirements set out in subsection R87.1(2). The assessment of these
criteria determines whether a worker with Canadian experience will be able to become economically
established in Canada. The criteria are:
temporary resident status during the qualifying period of work experience in Canada,
meeting the minimum language proficiency threshold in either English or French, and
qualifying Canadian skilled work experience.
After a careful review of your supporting documents, I am not satisfied that you meet the minimum
requirements under Canadian Experience Class as per regulations R87.1 (2). You have indicated
employment with company name. After review of the duties indicated, I note that the supporting
documents you submitted do not provide sufficient evidence to demonstrate a substantial amount of
duties performed under the selected NOC code – 6221
As a result, I am not satisfied that you meet the minimum requirements under Canadian Experience Class
regulations under skilled work experience set out in subsection R87.1(2). Therefore, you do not qualify as
a provincial nominee and selection under the provincial nominee program.
(***note given you are unable to provide documents from your overseas experience, that employment
cannot be screened for FSW)
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.
Following an examination of your application, I am not satisfied that you meet the requirements of the Act
and Regulations for the reasons explained above. 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
returned to you. If you should submit a new application it would require new fees and documentation and
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.
Thank you again for the interest you have shown in Canada.
