Hello,
Recently, I got an refusal letter from CIC on FSW application via Express Entry.
The reason that I understood is that I have not declared experience in this NOC in your application. However, I declared my experience with career certificates, reference letters from my previous bosses, resume and Tax and Income document. To me, all the document I supplied is enough to declare my experience and matches well because that is what it is.
Below is the refusal letter.
What can I do now? Expiration date is coming in 2 months. Please share your thoughts and experience on this case.
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.
Section 11.2 of the Immigration and Refugee Protection Act directs that 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.
Citizenship and Immigration Canada invited you to apply for permanent resident status based on the qualifications you claimed in your Express Entry profile. Those qualification claims and the accompanying Comprehensive Ranking System (CRS) points awarded were summarized in your invitation letter dated January 31, 2015.
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.
Paragraph 75(2)(a) of the Immigration and Refugee Protection Regulations states that a foreign national is a skilled worker if within the 10 years before the date on which their application for a permanent resident visa is made, they have accumulated, over a continuous period, at least one year of full-time work experience, or the equivalent in part-time work, in the occupation identified by the foreign national in their application as their primary occupation, other than a restricted occupation, that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix;
I am not satisfied that you have the minimum required experience in the occupation you identified in your application as your primary occupation. You have declared that your primary National Occupational Classification (NOC) is 2134 Chemical engineer. You have not declared experience in this NOC in your application.
PR-EC-SW-refusal letter-minimum requirements not met
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.
In accordance with section 11.2 of the Act of the Regulations, I am refusing your application because I have found that you do not meet the criteria set out in an instruction given under paragraph 10.3(1)(e).
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 shall 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.
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.
You will receive a refund of the Right of Permanent Residence Fee that you have paid.
Thank you for the interest you have shown in Canada.
Recently, I got an refusal letter from CIC on FSW application via Express Entry.
The reason that I understood is that I have not declared experience in this NOC in your application. However, I declared my experience with career certificates, reference letters from my previous bosses, resume and Tax and Income document. To me, all the document I supplied is enough to declare my experience and matches well because that is what it is.
Below is the refusal letter.
What can I do now? Expiration date is coming in 2 months. Please share your thoughts and experience on this case.
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.
Section 11.2 of the Immigration and Refugee Protection Act directs that 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.
Citizenship and Immigration Canada invited you to apply for permanent resident status based on the qualifications you claimed in your Express Entry profile. Those qualification claims and the accompanying Comprehensive Ranking System (CRS) points awarded were summarized in your invitation letter dated January 31, 2015.
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.
Paragraph 75(2)(a) of the Immigration and Refugee Protection Regulations states that a foreign national is a skilled worker if within the 10 years before the date on which their application for a permanent resident visa is made, they have accumulated, over a continuous period, at least one year of full-time work experience, or the equivalent in part-time work, in the occupation identified by the foreign national in their application as their primary occupation, other than a restricted occupation, that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix;
I am not satisfied that you have the minimum required experience in the occupation you identified in your application as your primary occupation. You have declared that your primary National Occupational Classification (NOC) is 2134 Chemical engineer. You have not declared experience in this NOC in your application.
PR-EC-SW-refusal letter-minimum requirements not met
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.
In accordance with section 11.2 of the Act of the Regulations, I am refusing your application because I have found that you do not meet the criteria set out in an instruction given under paragraph 10.3(1)(e).
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 shall 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.
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.
You will receive a refund of the Right of Permanent Residence Fee that you have paid.
Thank you for the interest you have shown in Canada.
