This refers to your application for permanent residence in Canada as a member of the provincial nominee class.
I have reviewed your application and all of the information you have provided in support of it and it appears that you do not meet the requirements for immigration to Canada.
Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Immigration and Refugee Protection 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 the Act.
The provincial nominee class is an economic immigrant category. The economic classes of immigrants are described on Citizenship and Immigration's official website (www.cic.gc.ca) as “A category of immigrants selected for their skills and ability to contribute to Canada's economy." Provincial nominees are further described on Citizenship and Immigration's official website as people who “have the skills, education and work experience needed to make an immediate economic contribution to the province or territory that nominates them." Subsection 87 of Canada's Immigration and Refugee Protection Regulations (IRPR) describes the provincial nominee class as "a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada" and are “named in a nomination certificate issued by the government of a province under a provincial nomination agreement between that province and the Minister; and ... intend to reside in the province that has nominated them." In order for applicants to become economically established it is expected that they will be able to obtain employment in Canada and already have the abilities, education, and work experience which will enable them to procure employment. Nominations issued by provinces or territories are considered as initial evidence that nominees have the ability to become economically established in Canada and will be of economic benefit to the province or territory and have met the requirements of the province’s or territory’s Provincial Nominee Program. Canada is responsible for exercising the final selection authority and ensuring that applicants admitted under the program have met the requirements for membership in the economic class. Notwithstanding your nomination by a province or territory, I am not satisfied that the information provided with your permanent residence application indicates you have the ability to become economically established in Canada or that you otherwise meet the definition of a provincial nominee as per Subsection 87 of the IRPR.
Included with your application for permanent residence was definitive evidence of your English language proficiency in the form of an International English Language Testing System (IELTS) test result. The IELTS results you submitted showed that you had received an overall band score of 5.0, which is described by IELTS as "Modest user: has partial command of the language, coping with overall meaning in most situations, though is likely to make many mistakes. Should be able to handle basic communication in own field." Your individual band scores for writing (5.5) and for listening (5.0) were also in the modest user range. Your score for speaking was 6.0, which is described by IELTS as “Competent user: has generally effective command of the language despite some inaccuracies, inappropriacies and misunderstandings. Can use and understand fairly complex language, particularly in familiar situations.” Your individual score for reading (4.0) is described by IELTS as "Limited user: basic competence is limited to familiar situations. Has frequent problems in understanding and expression. Is not able to use complex language.”
The ability to communicate effectively in one of Canada's official languages is recognized as a vitally important factor in becoming economically established. Information on the Immigrate Manitoba website also confirms that nominees are expected to have the "demonstrated ability to get a job in their occupation and establish in the local labour market, thereby making an immediate economic contribution to the province" and that "job-ready English" is now required to apply to immigrate through the Manitoba Provincial Nominee Program.
The occupation in which you have been nominated by Manitoba is computer programmer and interactive media developer. The occupation which you indicate you intend to pursue in Canada is computer programmer and interactive media developer. The only occupation in which you indicate having employment experience is computer programmer. Employment and Social Development Canada (ESDC) through the Government of Canada’s Job Bank website identifies oral communication, reading, document use, and writing as among the essential skills to perform work as a computer programmer and interactive media developer, a programmer analyst, and a software developer. The complexity of tasks described by ESDC as being performed by the majority of workers in these occupations can range from the basic to the advanced, with advanced complexity being identified in reading and writing tasks in particular. It therefore appears reasonable to expect that to perform the range of tasks it would appear reasonable to expect to be required of work as a computer programmer and interactive media developer, a programmer analyst, and a software developer would require at least a high level of English language proficiency in reading and in writing, and moderate proficiency in oral communication. Your language test scores demonstrate your English language proficiency to be at only a moderate level in writing and in speaking, and only a basic level in listening and in reading.
With the level of English language ability you have demonstrated, I am not satisfied that you would be able to perform the tasks of the occupation for which you have been nominated, or in which you indicate having experience. Notwithstanding the province of Manitoba's assessment of your employability, I am therefore not satisfied you would be able to become employed in Canada or, if you did find employment, that it would be of a sufficient level for you to become economically established. I have also noted that your nomination indicates you may have support of friends in Manitoba, but support by and reliance upon other people would not be considered economic establishment and would not be sufficient to outweigh the concerns over your low level of English language ability and your apparent lack of experience in any other occupation.
A copy of this letter is also being sent to the nominating province to advise of the possible refusal of your application and the reasons for it. The province has 90 days to raise concerns or seek clarification from the visa office regarding the assessment of your application, after which the final decision will be made. If you have further information you wish to have considered, you must submit it within the same 90-day time period. Extensions to this 90-day time period will not be granted, but all information received before the final review of your application will be considered.
