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Permanent residency rejected.

Saazbi123

Newbie
Sep 5, 2024
1
0
I got notified yesterday that her PR application (under CEC) was refused. the details are below.

I have now completed the assessment of your application for a permanent resident visa as a member of the Canadian Experience Class and have determined that you do not meet the requirements for immigration to 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 inadmissible and meets the requirements of this Act.
In addition, according to the Immigration and Refugee Protection Act:
11.2 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.
Section 11.2 of the Act requires that information provided in your Express Entry Profile concerning your eligibility to be invited to apply (10.3(1)(e)) as well as the qualifications on the basis of which you were ranked (10.3(1)(h)) be valid both at the time the invitation was issued and at the time the application for permanent residence is received.
Immigration, Refugees and Citizenship Canada (IRCC) invited you to apply for permanent resident status
based on the qualifications you claimed in your Express Entry profile. I n your Express Entry profile you
claimed points for the following foreign work experience:
2018/01 to 2019/02
Assistant Manager (NOC: 62023) at Oyo Hotels and Homes
Upon review of your application and submissions, I am not satisfied
on a balance of probabilities that you
have acquired the declared qualifying foreign work experience in a TEER Category 0, 1, 2 or 3 for that
period of employment. More specifically, I find that there is insufficient evidence on file to satisfy me on
a balance of probabilities that you have been remunerated by the payment of wages or a commission for
your declared foreign work experience at Oyo Hotels and Homes and as a result, it has not been included
in the calculation of your period of foreign work experience. This change in your qualifications resulted
in a loss of points that brought your rank below the lowest-ranking person who was invited to apply in
your round of invitations, under the Express Entry Comprehensive Ranking System.
This change in your qualifications resulted in a loss of points that brought your rank below the lowest-ranking person invited to apply in your round of invitations, under the Express Entry Comprehensive Ranking System.

My question is what should my next step be?
My work permit is expired and in restoration with IRCC for OBWP (NO UPDATES).

Please help.
 

scylla

VIP Member
Jun 8, 2010
94,946
21,572
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I got notified yesterday that her PR application (under CEC) was refused. the details are below.

I have now completed the assessment of your application for a permanent resident visa as a member of the Canadian Experience Class and have determined that you do not meet the requirements for immigration to 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 inadmissible and meets the requirements of this Act.
In addition, according to the Immigration and Refugee Protection Act:
11.2 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.
Section 11.2 of the Act requires that information provided in your Express Entry Profile concerning your eligibility to be invited to apply (10.3(1)(e)) as well as the qualifications on the basis of which you were ranked (10.3(1)(h)) be valid both at the time the invitation was issued and at the time the application for permanent residence is received.
Immigration, Refugees and Citizenship Canada (IRCC) invited you to apply for permanent resident status
based on the qualifications you claimed in your Express Entry profile. I n your Express Entry profile you
claimed points for the following foreign work experience:
2018/01 to 2019/02
Assistant Manager (NOC: 62023) at Oyo Hotels and Homes
Upon review of your application and submissions, I am not satisfied
on a balance of probabilities that you
have acquired the declared qualifying foreign work experience in a TEER Category 0, 1, 2 or 3 for that
period of employment. More specifically, I find that there is insufficient evidence on file to satisfy me on
a balance of probabilities that you have been remunerated by the payment of wages or a commission for
your declared foreign work experience at Oyo Hotels and Homes and as a result, it has not been included
in the calculation of your period of foreign work experience. This change in your qualifications resulted
in a loss of points that brought your rank below the lowest-ranking person who was invited to apply in
your round of invitations, under the Express Entry Comprehensive Ranking System.
This change in your qualifications resulted in a loss of points that brought your rank below the lowest-ranking person invited to apply in your round of invitations, under the Express Entry Comprehensive Ranking System.

My question is what should my next step be?
My work permit is expired and in restoration with IRCC for OBWP (NO UPDATES).

Please help.
Post to the CEC section of the forum.

You can try requesting reconsideration if you have stronger evidence to prove your foreign work experience. You can also try appealing the decision with the help of a lawyer. None of us can tell you if you will be successful.