Confused about the refusal letter

[nematodehero]

The EE invitation was under Canadian Experienced class.
I claimed 50 point because i had a Canadian offer.
my offer was issued Jun 2022. I applied for ee on August 2022, got invited on October 2022.

I am not sure what was wrong about the offer. It is a three year offer..


Got the refusal letter today. Sounds like something is wrong with my Canadian offer, but I am legally working in Canada with this offer... Can someone enlighten me? Thanks. Below is the refusal reason provided in the letter. Unfortunately, I could not reapply under EE whatsoever because there is another PR application under PNP.

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: 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 the Act 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. Immigration, Refugees and Citizenship Canada (IRCC) invited you to apply for permanent resident status based on the qualifications you claimed in your Express Entry profile. In your Express Entry profile you indicated: 50 points for a qualifying offer of arranged employment.

Upon review of your application and submissions, I am not satisfied on the balance of probabilities, that you are in possession of a valid offer of arranged employment. More specifically, I am not satisfied that you hold an employer specific work permit or a positive LMIA for XXX Institute. This change in your qualifications resulted in a loss of points that brought your rank below the lowest ranking person who was invited to apply in your round of invitation, under the Express Entry Comprehensive Ranking System. As I have found that you no longer possess the qualification on the basis of which you were ranked under an instruction given under paragraph 10.3(1)(h), you no longer meet the requirements of Section 11.2 of Act. 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

 

[Naturgrl]

The EE invitation was under Canadian Experienced class.
I claimed 50 point because i had a Canadian offer.
my offer was issued Jun 2022. I applied for ee on August 2022, got invited on October 2022.

I am not sure what was wrong about the offer. It is a three year offer..


Got the refusal letter today. Sounds like something is wrong with my Canadian offer, but I am legally working in Canada with this offer... Can someone enlighten me? Thanks. Below is the refusal reason provided in the letter. Unfortunately, I could not reapply under EE whatsoever because there is another PR application under PNP.

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: 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 the Act 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. Immigration, Refugees and Citizenship Canada (IRCC) invited you to apply for permanent resident status based on the qualifications you claimed in your Express Entry profile. In your Express Entry profile you indicated: 50 points for a qualifying offer of arranged employment.

Upon review of your application and submissions, I am not satisfied on the balance of probabilities, that you are in possession of a valid offer of arranged employment. More specifically, I am not satisfied that you hold an employer specific work permit or a positive LMIA for XXX Institute. This change in your qualifications resulted in a loss of points that brought your rank below the lowest ranking person who was invited to apply in your round of invitation, under the Express Entry Comprehensive Ranking System. As I have found that you no longer possess the qualification on the basis of which you were ranked under an instruction given under paragraph 10.3(1)(h), you no longer meet the requirements of Section 11.2 of Act. 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

So you have a LMIA for the job offer?

 

[anil2799]

If you don't have LMIA number, are you eligible and selected "No, Exempt LMIA option" while submitting EE profile...

 

[scylla]

The EE invitation was under Canadian Experienced class.
I claimed 50 point because i had a Canadian offer.
my offer was issued Jun 2022. I applied for ee on August 2022, got invited on October 2022.

I am not sure what was wrong about the offer. It is a three year offer..


Got the refusal letter today. Sounds like something is wrong with my Canadian offer, but I am legally working in Canada with this offer... Can someone enlighten me? Thanks. Below is the refusal reason provided in the letter. Unfortunately, I could not reapply under EE whatsoever because there is another PR application under PNP.

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: 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 the Act 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. Immigration, Refugees and Citizenship Canada (IRCC) invited you to apply for permanent resident status based on the qualifications you claimed in your Express Entry profile. In your Express Entry profile you indicated: 50 points for a qualifying offer of arranged employment.

Upon review of your application and submissions, I am not satisfied on the balance of probabilities, that you are in possession of a valid offer of arranged employment. More specifically, I am not satisfied that you hold an employer specific work permit or a positive LMIA for XXX Institute. This change in your qualifications resulted in a loss of points that brought your rank below the lowest ranking person who was invited to apply in your round of invitation, under the Express Entry Comprehensive Ranking System. As I have found that you no longer possess the qualification on the basis of which you were ranked under an instruction given under paragraph 10.3(1)(h), you no longer meet the requirements of Section 11.2 of Act. 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

Based on your other thread, you were correctly refused. You held an open work permit and did not have an approved LMIA. So you were not entitled to the 50 job offer points.

 

[athi_prakash]

LMIA exempt is a separate category, Open work permit does not mean LMIA exempt.
Not exactly sure, but there is a process employer has to generate LMIA exempt number or something similar, which should be added to the offer letter.

 

[scylla]

LMIA exempt is a separate category, Open work permit does not mean LMIA exempt.
Not exactly sure, but there is a process employer has to generate LMIA exempt number or something similar, which should be added to the offer letter.

That's not the problem.

OP was on an open work permit and claimed job offer points. You can only claim job offer points on an open work permit with an approved LMIA. OP did not have an approved LMIA.

LMIA exempt number is only possible on a closed LMIA-exempt work permit. OP was not on a closed work permit so the LMIA exempt number was never possible.

 

[MrTambo]

The EE invitation was under Canadian Experienced class.
I claimed 50 point because i had a Canadian offer.
my offer was issued Jun 2022. I applied for ee on August 2022, got invited on October 2022.

I am not sure what was wrong about the offer. It is a three year offer..


Got the refusal letter today. Sounds like something is wrong with my Canadian offer, but I am legally working in Canada with this offer... Can someone enlighten me? Thanks. Below is the refusal reason provided in the letter. Unfortunately, I could not reapply under EE whatsoever because there is another PR application under PNP.

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: 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 the Act 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. Immigration, Refugees and Citizenship Canada (IRCC) invited you to apply for permanent resident status based on the qualifications you claimed in your Express Entry profile. In your Express Entry profile you indicated: 50 points for a qualifying offer of arranged employment.

Upon review of your application and submissions, I am not satisfied on the balance of probabilities, that you are in possession of a valid offer of arranged employment. More specifically, I am not satisfied that you hold an employer specific work permit or a positive LMIA for XXX Institute. This change in your qualifications resulted in a loss of points that brought your rank below the lowest ranking person who was invited to apply in your round of invitation, under the Express Entry Comprehensive Ranking System. As I have found that you no longer possess the qualification on the basis of which you were ranked under an instruction given under paragraph 10.3(1)(h), you no longer meet the requirements of Section 11.2 of Act. 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

Would you mind sharing at what stage on your application you got refused? how was your tracker looking at that point?

 

[kinnudreamz]

Urgent suggestion needed. We are applying with my wife as primary applicant. She worked as clinical fellow from 2021 in the same hospital but initially on SOWP. Now she got her closed work permit with LMIA exemption which was applied by the hospital. However, they did not mention LMIA exempt number in job offer letter although she has a closed work permit now till 2024 with lmia exempt number and hospital name. I was wondering if we can just write an explanation letter mentioning the LMIA exemption number anf attaching the closed work permit as additional document along with job offer letter. Any suggestion will be really helpful as we have to submit PR application by March 13th.