Hello, I need an urgent advice please: common-law partner and I (myself as a principal applicant, plasterer with 1.5 years experience in Canada and about 5 abroad) have applied for Express Entry and were invited to apply on May 22 round scoring more than 1000 points. The system have chosen Federal Skilled Trades stream and we have applied there.
Our application has started June 8 and during that time we have received two requests for additional documentation (English test proof and family connections) and had 6 lines in ecas.
On October 13 we have received a refusal with 1.5 pages explanation saying that my job offer didn’t mention that it is for one year subject to me obtaining permanent residence status in Canada??
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 May 22nd 2015. Paragraph 87.2(3)(d)(ii) of the Immigration and Refugee Protection Regulations states that a foreign national is a member of the federal skilled trades class if: (ii) they are in Canada and hold a work permit that is valid on the date on which their application is made and, on the date on which the visa is issued, hold a valid work permit or are authorized to work in Canada under section 186, and (A) the work permit was issued based on a positive determination by an officer under subsection 203(1) with respect to their employment in a skilled trade occupation, (B) they are working for any employer specified on the work permit, and (C) they have an offer of employment — for continuous full-time work for a total of at least one year in the skilled trade occupation that is specified in the application and is in the same minor group set out in the National Occupational Classification as the occupation specified on their work permit — that is made by up to two employers, other than an embassy, high commission or consulate in Canada or an employer whose name appears on the list referred to in subsection 209.91(3) if a period of two years has not elapsed since the day on which the determination referred to in subsection 203(5) or 209.91(1) or (2) was made, who are specified on the work permit, subject to the visa being issued to the foreign national I am not satisfied that you meet these requirements. You have not provided a job offer — for continuous full-time work for a total of at least one year in the skilled trade occupation that is specified in the application subject to the visa being issued to you. You submitted a letter dated June 23rd 2014 and this letter does not mention that it is for one year subject to you obtaining permanent residence status in Canada. You will receive a refund of the Right of Permanent Residence Fee that you have paid 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. Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) 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. Thank you for the interest you have shown in Canada
Our application has started June 8 and during that time we have received two requests for additional documentation (English test proof and family connections) and had 6 lines in ecas.
On October 13 we have received a refusal with 1.5 pages explanation saying that my job offer didn’t mention that it is for one year subject to me obtaining permanent residence status in Canada??
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 May 22nd 2015. Paragraph 87.2(3)(d)(ii) of the Immigration and Refugee Protection Regulations states that a foreign national is a member of the federal skilled trades class if: (ii) they are in Canada and hold a work permit that is valid on the date on which their application is made and, on the date on which the visa is issued, hold a valid work permit or are authorized to work in Canada under section 186, and (A) the work permit was issued based on a positive determination by an officer under subsection 203(1) with respect to their employment in a skilled trade occupation, (B) they are working for any employer specified on the work permit, and (C) they have an offer of employment — for continuous full-time work for a total of at least one year in the skilled trade occupation that is specified in the application and is in the same minor group set out in the National Occupational Classification as the occupation specified on their work permit — that is made by up to two employers, other than an embassy, high commission or consulate in Canada or an employer whose name appears on the list referred to in subsection 209.91(3) if a period of two years has not elapsed since the day on which the determination referred to in subsection 203(5) or 209.91(1) or (2) was made, who are specified on the work permit, subject to the visa being issued to the foreign national I am not satisfied that you meet these requirements. You have not provided a job offer — for continuous full-time work for a total of at least one year in the skilled trade occupation that is specified in the application subject to the visa being issued to you. You submitted a letter dated June 23rd 2014 and this letter does not mention that it is for one year subject to you obtaining permanent residence status in Canada. You will receive a refund of the Right of Permanent Residence Fee that you have paid 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. Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) 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. Thank you for the interest you have shown in Canada
