SAMPLE REFUSAL LETTERS
Appendix A – Sample refusal letter – Negative final determination of eligibility for processing
INSERT LETTERHEAD Our Reference: INSERT ADDRESS
Dear XX:
This refers to your application for permanent residence in Canada under the Federal Skilled Worker Class. I have now completed the assessment of your application and have determined that you are not eligible for processing in this class for the following reason(s).
The Minister of Citizenship, Immigration and Multiculturalism issued instructions which were published in the Canada Gazette and came into force on May 4, 2013. Only applicants who meet the criteria specified in these Ministerial Instructions are eligible to be processed in the Federal Skilled Worker Class.
IF GLOBAL CAP OR NOC SUB-CAP IS REACHED:
A maximum of 5,000 complete Federal Skilled Worker (FSW) applications, without an offer or arranged employment, a maximum of 300 completed FSW applications per National Occupational Classification (NOC) code, or a maximum of 1,000 complete FSW-PhD applications will be considered for processing each year. Your application was received after this cap was reached.
IF APPLYING UNDER THE ARRANGED EMPLOYMENT STREAM:
Although you have indicated that you have an offer of arranged employment, [you have not provided proof of your arranged employment OR your offer of arranged employment is not valid OR other reasons].
IF APPLYING UNDER THE NOC OCCUPATION LIST STREAM:
We have assessed your declared primary occupation against the list of occupations identified by the Minister of Citizenship, Immigration and Multicultaralism and published in the Canada Gazette on May 4, 2013. Your declared primary occupation does not correspond to any of the eligible occupations.
OR
You have indicated that you have work experience in an occupation with the following NOC code: [specify NOC code and occupation title]. Althought the NOC code corresponds to an occupation identified by the Minister of Citizenship, Immigration and Multicultaralism and published in the Canada Gazette on May 4, 2013, you do not have at minimum of one year of continuous full-time, or equivalent part-time, paid work experience in the occupation in the last ten years.
IF APPLYING UNDER THE PhD STREAM:
Although you have indicated that you have a PhD or are currently in good standing, [you have not provided proof of this OR you do not meet minimum requirements OR other reasons].
FOR ALL:
Since you did not provide evidence that you [have an offer of arranged employment OR have work experience in the listed occupations], you do not meet the requirements of the Ministerial Instructions and your application is not eligible for processing.
Subsections 87.3(2)-(3) are the pertinent sections of the Immigration and Refugee Protection Act:
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The processing of applications and requests is to be conducted in a manner that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.
...the Minister may give instructions with respect to the processing of applications and requests, including instructions
establishing categories of applications or requests to which the instructions apply;
establishing conditions, by category or otherwise, that must be met before or during the processing of an application or request;
establishing an order, by category or otherwise, for the processing of applications or requests;
setting the number of applications or requests, by category or otherwise, to be processed in any year; and
providing for the disposition of applications and requests, including those made subsequent to the first application or request.
IF APPLICATION CONTAINS H & C REQUEST:
You had also requested that your application be considered on humanitarian and compassionate grounds. However, requests made on the basis of humanitarian and compassionate grounds accompanying a Federal Skilled Worker Class application cannot be processed unless the application is otherwise eligible for processing under the Ministerial Instructions.
Any original documents you submitted with your application are being returned to you.
IF ONLY PROCESSING FEE WAS SUBMITTED:
The processing fee that you have paid is refundable. You will receive a cheque within four to six weeks.
IF PROCESSING FEE AND RPRF WAS SUBMITTED:
The processing fee and the Right of Permanent Residence Fee that you paid are refundable. You will receive a cheque within four to six weeks.
There are many ways to immigrate to Canada. Although you have not satisfied the requirements to apply under the Federal Skilled Worker Class, you may qualify under another category. To learn more about your options, visit: www.cic.gc.ca/english/immigrate/index.asp.
Thank you for the interest you have shown in Canada. Yours sincerely, Officer
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Appendix B – Sample refusal letter – Minimum requirements
INSERT LETTERHEAD Our Reference: INSERT ADDRESS
Dear XX:
I have now completed the assessment of your application for a permanent resident visa as a skilled worker. I have determined that you do not meet the requirements for immigration to Canada.
Subsection 75(2) of the Immigration and Refugee Protection Regulations states that a foreign national is a skilled worker if:
within the 10 years preceding the date of their application for a permanent resident visa, they have at least one year of continuous full-time (30 hours/week) employment experience, as described in subsection 73(1), or the equivalent in continuous part-time employment in the occupation identified in their application as their primary occupation, other than a restricted occupation, that are listed in Skill Type 0 or Skill Level A or B of the National Occupational Classification matrix;
during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification;
during that period of employment they performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties;
they submitted the results of an English or French language test issued by a designated testing agency indicating that they met or exceeded the applicable language proficiency threshold set by the Minister for each of the four language skill areas; and
they submitted their completed Canadian educational credential or their completed foreign educational credential and the equivalency assessment from a designated organization or institution that is less than five years on the date of application.
I am not satisfied that you meet the (choose one or more from the above bullet list) part of these requirements because (provide reasons).
Subsection 75(3) states that if a foreign national fails to meet these requirements, the application shall be refused and no further assessment is required. I am not satisfied that you meet these requirements.
For all cases, add:
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. Subsection 2(2) specifies that unless otherwise indicated, references in the Act to “this Act” included regulations made under it.
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Following an examination of your application, I am not satisfied that you meet the requirements of the Act and the regulations for the reasons explained above. I am therefore refusing your application.
If the applicant has paid the RPRF to the visa office, add:
The Right of Permanent Residence Fee that you have paid is refundable. (Add as appropriate) You will receive a cheque from the (choose as appropriate) Embassy/High Commission/Consulate within a few weeks. (or) Please contact the Canadian (choose as appropriate) Embassy/High Commission/Consulate in ____________________ for information concerning the method of reimbursement and the date at which you can obtain the refund.
If the applicant paid RPRF to the CIO, add:
The Right of Permanent Residence Fee that you have paid at the Centralized Intake Office (CIO) in Sydney, Nova Scotia, is refundable. You will receive a cheque from the CIO within 8-12 weeks.
Thank you for the interest you have shown in Canada. Yours sincerely, Officer
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Appendix C – Sample refusal letter – Insufficent points
INSERT LETTERHEAD Our Reference: INSERT ADDRESS
Dear XX:
I have now completed the assessment of your application for a permanent resident visa as a skilled worker and have determined that you do not meet the requirements for immigration to Canada.
Subsection 12(2) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the economic class on the basis of their ability to become economically established in Canada. Subsection 75(1) of the Regulations prescribes the Federal Skilled Worker Class as a class of persons who are skilled workers and who may become permanent residents on the basis of their ability to become economically established in Canada.
Pursuant to the Immigration and Refugee Protection Regulations, skilled worker applicants are assessed on the basis of the requirements set out in subsection 75(2) and the criteria set out in subsection 76(1). The assessment of these requirements determines whether a skilled worker will be able to become economically established in Canada. The criteria are age, education, knowledge of Canada's official languages, experience, arranged employment and adaptability.
Your application was assessed based on the primary occupation in which you requested assessment (add title of the occupation and NOC 2011 code for the primary occupation the applicant identified in their application). The table below sets out the points assessed for each of the selection criteria:
You have obtained insufficient points to qualify for immigration to Canada, the minimum requirement being 67 points. (Add reasons why applicant was unable to obtain sufficient points). You have not obtained sufficient points to satisfy me that you will be able to become economically established in 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
Points assessed
Maximum possible
Age
12
Education
25
Official language proficiency
28
Experience
15
Arranged employment
10
Adaptability
10
Total
100
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inadmissible and meets the requirements of this Act. Subsection 2(2) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.
Following an examination of your application, I am not satisfied that you meet the requirements of the Act and the Regulations for the reasons explained above. I am therefore refusing your application.
If the applicant has paid the RPRF, add:
The Right of Permanent Residence Fee that you have paid is refundable. (Add as appropriate) You will receive a cheque from the (choose as appropriate) Embassy/High Commission/Consulate within a few weeks. (or) Please contact the Canadian (choose as appropriate) Embassy/High Commission/Consulate in ____________________ for information concerning the method of reimbursement and the date at which you can obtain the refund.
In the cases of transferred files from the CIO where RPRF was paid, add:
The Right of Permanent Residence Fee that you have paid at the Centralized Intake Office (CIO) in Sydney, Nova Scotia, is refundable. You will receive a cheque from the CIO within several weeks.
Thank you for the interest you have shown in Canada. Yours sincerely, Officer
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Appendix D – Sample refusal letter – Substituted evaluation
INSERT LETTERHEAD Our Reference: INSERT ADDRESS
Dear XX:
I have now completed the assessment of your application for a permanent resident visa as a skilled worker and have determined that you do not meet the requirements for immigration to Canada.
Subsection 12(2) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the economic class on the basis of their ability to become economically established in Canada. Subsection 75(1) of the Regulations prescribes the Federal Skilled Worker Class as a class of persons who are skilled workers and who may become permanent residents on the basis of their ability to become economically established in Canada.
Pursuant to the Immigration and Refugee Protection Regulations, skilled worker applicants are assessed on the basis of the definition set out in subsection 75(2) and the criteria set out in subsection 76(1). The assessment of these criteria determines whether a skilled worker will be able to become economically established in Canada. The criteria are age, education, knowledge of Canada's official languages, experience, arranged employment and adaptability.
Your application was assessed based on the primary occupation in which you requested assessment (add title of the occupation and NOC 2011 code for the primary occupation the applicant identified in their application). The table below sets out the points assessed for each of the selection criteria:
Subsection 76(3) of the Regulations permit an officer to substitute their evaluation of the likelihood to become economically established in Canada if the number of points awarded are not a sufficient indicator of whether the skilled worker may become economically established in Canada.
As I advised you, I am not satisfied that the points that you have been awarded are an accurate reflection of the likelihood of your ability to become economically established in Canada. I have made this evaluation because (provide reasons). You were given an opportunity to address these concerns. The information you have given me and your explanations have not satisfied me
Points assessed
Maximum possible
Age
12
Education
25
Official language proficiency
28
Experience
15
Arranged employment
10
Adaptability
10
Total
100
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that you will be able to become economically established in Canada. A senior officer concurred in this evaluation.
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. Subsection 2(2) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.
Following an examination of your application, I am not satisfied that you meet the requirements of the Act and the Regulations for the reasons explained above. I am therefore refusing your application.
If the applicant has paid the RPRF, add:
The Right of Permanent Residence Fee that you have paid is refundable. (Add as appropriate) You will receive a cheque from the (choose as appropriate) Embassy/High Commission/Consulate within a few weeks. (or) Please contact the Canadian (choose as appropriate) Embassy/High Commission/Consulate in ____________________ for information concerning the method of reimbursement and the date at which you can obtain the refund.
In the cases of transferred files from the CIO where RPRF was paid, add:
The Right of Permanent Residence Fee that you have paid at the Centralized Intake Office (CIO) in Sydney, Nova Scotia, is refundable. You will receive a cheque from the CIO within several weeks.
Thank you for the interest you have shown in Canada. Yours sincerely, Officer
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