Appendix D – Negative final determination of eligibility for processing - Ministerial Instructions – sample letter
INSERT LETTERHEAD Our Ref.: INSERT ADDRESS Dear :
This refers to your application for permanent residence in Canada as a Federal Skilled Worker. I have now completed the assessment of your application and have determined that you are not eligible for processing in this category for the following reason(s).
The Minister of Citizenship and Immigration issued instructions which were published in the Canada Gazette on [insert applicable date here – i.e. November 28, 2008, or June 26, 2010]. 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 20,000 complete Federal Skilled Worker (FSW) applications, without an offer of arranged employment, or a maximum of 1,000 complete FSW applications per National Occupation Classification (NOC) code will be considered for processing each year. Your application was received after this cap was reached.
IF APPLYING UNDER AEO:
Although you have indicated that you have an Arranged Employment Offer, CHOOSE you have not provided proof of your Arranged Employment Offer OR your Arranged Employment Offer is not valid OR OTHER REASONS.
IF APPLYING AS STUDENT OR TFW IN CANADA (BEFORE JUNE 26, 2010):
Although you have indicated that you are a student OR temporary foreign worker, CHOOSE you have not provided proof of your legal status in Canada OR you have not been legally residing in Canada at least one year OR you are no longer residing in Canada OR OTHER REASONS.
IF APPLYING UNDER OCCUPATION LIST:
We have assessed your declared occupations against the list of occupations identified by the Minister of Citizenship and Immigration and published in the Canada Gazette on [insert applicable date here – i.e. November 28, 2008, or June 26, 2010]. Your occupation(s) do(es) not correspond to any of the eligible occupations.
OR
You have indicated that you have work experience in (an) occupation(s) with the following NOC (National Occupational Classification) code(s): LIST NOC CODES AND OCCUPATION TITLES. Although the NOC code(s) correspond(s) to the occupations specified in the Instructions, you have not provided sufficient evidence that you performed the actions described in the lead statement for the occupation, as set out in the occupational descriptions of the NOC OR that you performed all of the essential duties and a substantial number of the main duties, as set out in the occupational descriptions of the NOC. As such, I am not satisfied that you are a OCCUPATION TITLE and NOC CODE.
OR You have indicated that you have work experience in (an) occupation(s) with the following NOC
code(s): LIST NOC CODES AND OCCUPATION TITLES. Although the NOC code(s) 2010-12-14
OP 6 Federal Skilled Workers
2010-12-14
correspond(s) to the occupations specified in the Instructions, you do not have a minimum of one year of continuous full-time, or equivalent part-time, paid work experience in the occupation(s) in the last ten years.
FOR ALL:
Since you did not provide evidence that you CHOOSE APPROPRIATE have an Arranged Employment Offer AND/OR are a Temporary Foreign Worker or an International Student AND/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:
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
(a) establishing categories of applications or requests to which the instructions apply;
(b) establishing an order, by category or otherwise, for the processing of applications or requests;
(c) setting the number of applications or requests, by category or otherwise, to be processed in any year; and
(d) 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 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 http://www.cic.gc.ca/english/immigrate/index.asp.
Thank you for your interest in Canada. Immigration Section cc: fee_____
