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Help! With FSW refusal in express entry

Arsh g

Star Member
Jan 11, 2019
73
2
Hi everyone my pr application has been refused today I received an email stating that
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 76(1) of the Immigration and Refugee Protection Regulations (IRPR) states that a foreign national is a skilled worker if:
(a) the skilled worker must be awarded not less than the minimum number of required points referred to in subsection (2) on the basis of the following factors, namely,
(i) education, in accordance with section 78,
(ii) proficiency in the official languages of Canada, in accordance with section 79, (iii) experience, in accordance with section 80,
(iv) age, in accordance with section 81,
(v) arranged employment, in accordance with section 82, and
(vi) adaptability, in accordance with section 83; and
(b) the skilled worker must
(i) have in the form of transferable and available funds, unencumbered by debts or other obligations, an amount equal to one half of the minimum necessary income applicable in respect of the group of persons consisting of the skilled worker and their family members, or
(ii) be awarded points under paragraph 82(2)(a), (b) or (d) for arranged employment, as defined in subsection 82(1), in Canada.
Based on the documents provided in your application, I am not satisfied on a balance of probabilities that you meet the settlement funds requirement pursuant to R76(1)(b)(i). Specifically, I am not satisfied on a balance of probabilities that you have transferable and available funds, unencumbered by debts or other obligations as per R76(1)(b)(i).
As a result, I am not satisfied that you meet the requirement under paragraph 76(1)(b)(i) as you have not submitted sufficient evidence to satisfy me that you have the required settlement funds ($12,669 Canadian dollars) unencumbered by debts or other obligations at the time you had submitted your application for permanent residence.
1.My concerns are that I had around 13480 cad at the time i applied for my application.
2. I sold my car and recieved a gift check from my father , and the total i amount i had was around 13480 cad .
3 i am single applicant from india
I applied on 2nd of may and till date i kept withdrawing some money and depositing some money but may bank balance never came down from 12669 cad
Kindly help me what should i do now?
 

seadrag0n

Champion Member
Mar 6, 2018
2,785
2,491
Do you have loans or pending credit card bills that you disclosed in your POF letter? Were your funds more than six months old?
 

Mike@2019

Hero Member
Oct 13, 2019
815
250
Hi everyone my pr application has been refused today I received an email stating that
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 76(1) of the Immigration and Refugee Protection Regulations (IRPR) states that a foreign national is a skilled worker if:
(a) the skilled worker must be awarded not less than the minimum number of required points referred to in subsection (2) on the basis of the following factors, namely,
(i) education, in accordance with section 78,
(ii) proficiency in the official languages of Canada, in accordance with section 79, (iii) experience, in accordance with section 80,
(iv) age, in accordance with section 81,
(v) arranged employment, in accordance with section 82, and
(vi) adaptability, in accordance with section 83; and
(b) the skilled worker must
(i) have in the form of transferable and available funds, unencumbered by debts or other obligations, an amount equal to one half of the minimum necessary income applicable in respect of the group of persons consisting of the skilled worker and their family members, or
(ii) be awarded points under paragraph 82(2)(a), (b) or (d) for arranged employment, as defined in subsection 82(1), in Canada.
Based on the documents provided in your application, I am not satisfied on a balance of probabilities that you meet the settlement funds requirement pursuant to R76(1)(b)(i). Specifically, I am not satisfied on a balance of probabilities that you have transferable and available funds, unencumbered by debts or other obligations as per R76(1)(b)(i).
As a result, I am not satisfied that you meet the requirement under paragraph 76(1)(b)(i) as you have not submitted sufficient evidence to satisfy me that you have the required settlement funds ($12,669 Canadian dollars) unencumbered by debts or other obligations at the time you had submitted your application for permanent residence.
1.My concerns are that I had around 13480 cad at the time i applied for my application.
2. I sold my car and recieved a gift check from my father , and the total i amount i had was around 13480 cad .
3 i am single applicant from india
I applied on 2nd of may and till date i kept withdrawing some money and depositing some money but may bank balance never came down from 12669 cad
Kindly help me what should i do now?
You said you received a gift check from your father, but did you also include a gift deed signed by you and your father, a copy of the check, and bank statement with your bank certificate/letter as POF?
 

Arsh g

Star Member
Jan 11, 2019
73
2
yes i attached gift deed signed by my father. And also submitted cheque through which the payment was transferred to my account
 

Arsh g

Star Member
Jan 11, 2019
73
2
Do you have loans or pending credit card bills that you disclosed in your POF letter? Were your funds more than six months old?
Yes i have credit card bills but i have had more money . If the credit card bills money gets deducted from my funds even then i have i had more money than 12669$
 

Arsh g

Star Member
Jan 11, 2019
73
2
You said you received a gift check from your father, but did you also include a gift deed signed by you and your father, a copy of the check, and bank statement with your bank certificate/letter as POF?
yes i attached gift deed signed by my father. And also submitted cheque through which the payment was transferred to my account
 

Arsh g

Star Member
Jan 11, 2019
73
2
I used to withdraw and deposit money in my account . My question is that after applying can we not withdraw and deposit money from and into our account?
 

cansha

VIP Member
Aug 1, 2018
6,676
5,855
I used to withdraw and deposit money in my account . My question is that after applying can we not withdraw and deposit money from and into our account?
There is no way that IRCC would know your transaction history after your application submission. So the refusal is not because of that.
 

cansha

VIP Member
Aug 1, 2018
6,676
5,855
Please help me out from this .
For that you need to mention what exactly did you provide for POF and did you provide all details that IRCC needs. If you think you provided everything you can provide updated bank statement and raise a cse and request them to reconsider saying that you had provided all the details earlier and you still have minimum funds needed.
 

Arsh g

Star Member
Jan 11, 2019
73
2
For that you need to mention what exactly did you provide for POF and did you provide all details that IRCC needs. If you think you provided everything you can provide updated bank statement and raise a cse and request them to reconsider saying that you had provided all the details earlier and you still have minimum funds needed.
I provided bank statments . I sold my car and recieved a cheque for the payment that was also uploaded with my application . Apart from that i recieved some money from my father as gift , to prove that i scanned and uploaded gift deed with a cheque of the payement . I submitted credit card statements too. After submission i used to withdraw and deposit my from and into my account . For 3/4 days i also lent some money to my friend but got it back within 3/4 days . So If my credit card bills are deducted even then i have more than 12669 cad in my account .
 

cansha

VIP Member
Aug 1, 2018
6,676
5,855
Ok this is my last reply. As I said if you want help you need to provide detailed information else no one can help you.

I provided bank statments .
How many months? What was your average balance?

I sold my car and recieved a cheque for the payment that was also uploaded with my application
How much is this amount in %age terms of total POF requirement?

Apart from that i recieved some money from my father as gift ,
What does some money mean? 1K, 2K what? How much is this in terms of %age of total POF?

I submitted credit card statements too.
This was needless

After submission i used to withdraw and deposit my from and into my account . For 3/4 days i also lent some money to my friend but got it back within 3/4 days .
Irrelevant

So If my credit card bills are deducted even then i have more than 12669 cad in my account .
That's good.

Based on the information you have provided my guess is the amount of car sale is a substantial amount and makes large part of your POF. As proof you just provided check of the amount you received but provided no further proof that this money was received as a result of a car sale and you actually owned that car. Just providing the check was not sufficient as anyone can give you check. Hence the officer was not satisfied with the proofs you provided.

If what I state is true, then hard luck as your documentation is insufficient. You can still try and upload proof that car belonged to you and you infact sold the car and the check in question is from that sale. Provide this proof by CSE and request them to reconsider. There is minuscule chance that they will do so. If they don't you need to start from scratch.
 

Mike@2019

Hero Member
Oct 13, 2019
815
250
Ok this is my last reply. As I said if you want help you need to provide detailed information else no one can help you.


How many months? What was your average balance?


How much is this amount in %age terms of total POF requirement?


What does some money mean? 1K, 2K what? How much is this in terms of %age of total POF?


This was needless


Irrelevant


That's good.

Based on the information you have provided my guess is the amount of car sale is a substantial amount and makes large part of your POF. As proof you just provided check of the amount you received but provided no further proof that this money was received as a result of a car sale and you actually owned that car. Just providing the check was not sufficient as anyone can give you check. Hence the officer was not satisfied with the proofs you provided.

If what I state is true, then hard luck as your documentation is insufficient. You can still try and upload proof that car belonged to you and you infact sold the car and the check in question is from that sale. Provide this proof by CSE and request them to reconsider. There is minuscule chance that they will do so. If they don't you need to start from scratch.
If I may ask (I know you said this was your last reply), is a 100% gift deed acceptable with all the evidence to show, receipt, 6 month bank statement, and bank certificate/letter.
You seem knowledgeable on the issue. I'll appreciate your answer.
 

nns14

Champion Member
Feb 10, 2018
1,433
886
Category........
FSW
Visa Office......
Nairobi, Kenya
NOC Code......
2147
App. Filed.......
26-09-2019
AOR Received.
26-09-2019
File Transfer...
24-10-2019
Passport Req..
18-Jul-2022
VISA ISSUED...
05-Aug-2022
LANDED..........
11-Jan-2023
If I may ask (I know you said this was your last reply), is a 100% gift deed acceptable with all the evidence to show, receipt, 6 month bank statement, and bank certificate/letter.
You seem knowledgeable on the issue. I'll appreciate your answer.
100% Gift deed is acceptable. The important thing is the money should be above the limit and must prove it is yours and readily available. Car sale is also acceptable as long as you show the proper documentation showing how you suddenly received this much
 
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cansha

VIP Member
Aug 1, 2018
6,676
5,855
If I may ask (I know you said this was your last reply), is a 100% gift deed acceptable with all the evidence to show, receipt, 6 month bank statement, and bank certificate/letter.
You seem knowledgeable on the issue. I'll appreciate your answer.
I said last reply because OP in question was looking for answers but unwilling to clearly provide his details. Difficult to help in that situation. As @nns14 says above gift deed is acceptable. You should be able to prove source of funds with appropriate documentation.
 
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