Dear X:
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.
Based on the documents provided, I am not satisfied that during the period of your employment at
Company A as Job Title from September 8, 2014 to the
date your application was received that you have met the qualifying Canadian skilled work experience as
set out in the occupational descriptions of the National Occupational Classification- 1123.
Your letter of reference dated August 27, 2014 demonstrated that you do not have the minimum
requirement of full-time work experience within the last three years accumulated in Canada prior to the
received date of your application of July 3, 2015. Furthermore, there are no duties listed in the letter(s) of
reference which appear to be consistent with the actions in the lead statement under the NOC code 1123.
The letter(s) of reference doesn’t appear to be consistent with a substantial number of the main duties
under the NOC code 1123.
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)(b)(c). Therefore, you do not
qualify as a provincial nominee and selection under the provincial nominee program.
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 for the interest you have shown in Canada.
Yours sincerely,
Citizenship and Immigration Canada | Citoyenneté et Immigration Canada
Government of Canada | Gouvernement du Canada
