fromLVO
Dear Mr. Badil,
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.
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 gainful employment in Canada by which they can support themselves and their dependants and that they already have the abilities, education, and work experience which will enable them to procure and maintain such employment in Canada.
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 speaking, listening, and writing were 5.5 and therefore also those of an IELTS modest user. Your score for reading was 4.0, which 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. Your language test scores indicate that your level of English language proficiency may be described as moderate in speaking, listening, and writing, and basic in reading.
Critical in determining your ability to economically establish is a comparison of your information with the requirements of the occupation indicated in your nomination. The occupation in which you have been nominated by Manitoba is technical sales specialist - wholesale trade. The occupation which you indicate you would intend to pursue in Canada is technical sales officer or related jobs. The occupations in which you indicate having experience are technical sales officer, and research officer.
I am not satisfied you have the language skills to be able to perform the duties required of a technical sales specialist in Canada. Technical sales specialists need to be able to identify and solicit potential clients and assess their needs, as well as to prepare and administer sales contracts, resolve clients' problems and provide ongoing support. It appears reasonable to expect that to carry out duties which require close contact with clients and a thorough understanding of their needs would require a greater than basic or moderate level of English language proficiency. As already indicated, your language test results demonstrate your English language proficiency to be at only a moderate level in speaking, listening, and writing and only a basic level 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, and in which you also indicate having experience. Notwithstanding the province of Manitoba's nomination as an indicator 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.
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.
Sincerely,
Officer
cc. province of Manitoba
what we can understand from this mail from LVO. as i have sent my improved IELTS ^ band overall result,test on 21st of june to LVO.
Am i right ?please any one?
