Hello,
My friend just got a letter of refusal stating that he did not have enough evidence of duties during working in Canada. He was suppose to apply under CEC but because his time ran out, he got an invitation to apply as skilled worker. Here is the letter below:
________________________________________________________________________________
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.
Immigration Refugees and Citizenship 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.
Subsection 12(2) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the economic class on the basis of their ability to become economically established in Canada. Subsection 75(1) of the regulations prescribes the federal skilled worker class as a class of persons who are skilled workers and who may become permanent residents on the basis of their ability to become economically established in Canada.
Subsection 75(2) of the Immigration and Refugee Protection Regulations states that a foreign national is a skilled worker if:
a) within the 10 years before the date on which their application for a permanent resident visa is made, they have accumulated, over a continuous period, at least one year of full-time work experience, or the equivalent in part-time work, in the occupation identified by the foreign national in their application as their primary occupation, other than a restricted occupation, that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix;
b) during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification; and
c) during that period of employment they performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties.
I am not satisfied that you have accumulated at least one year of full-time work experience, or the equivalent in part-time work, in the occupation identified as your primary occupation, 3219 - Other medical technologists and technicians (except dental health). You have declared that you have been employed as Pharmacy Technician at XXXXXXXXX XXXXXX XXXXXXX from 2013 until 2016. You have provided record of employment, and no evidence of duties that you have been performing.
I am therefore not satisfied that you meet Section 11.2 of the Immigration and Refugee Protection Act or subsection 75(2) of the Immigration and Refugee Protection Regulations.
Subsection 75(3) states that if a foreign national fails to meet these requirements, the application shall be refused and no further assessment is required. I am not satisfied that you meet these requirements.
In accordance with section 11.2 of the Act of the Regulations, I am refusing your application because I am not satisfied that you meet the criteria set out in an instruction given under paragraph 10.3(1)(e).
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 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.
You will receive a refund if you have paid the Right of Permanent Residence Fee.
Thank you for the interest you have shown in Canada.
________________________________________________________________________________
Can they re-apply or is there any other steps that can be taken towards this?
Any help will be greatly appreciated!
My friend just got a letter of refusal stating that he did not have enough evidence of duties during working in Canada. He was suppose to apply under CEC but because his time ran out, he got an invitation to apply as skilled worker. Here is the letter below:
________________________________________________________________________________
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.
Immigration Refugees and Citizenship 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.
Subsection 12(2) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the economic class on the basis of their ability to become economically established in Canada. Subsection 75(1) of the regulations prescribes the federal skilled worker class as a class of persons who are skilled workers and who may become permanent residents on the basis of their ability to become economically established in Canada.
Subsection 75(2) of the Immigration and Refugee Protection Regulations states that a foreign national is a skilled worker if:
a) within the 10 years before the date on which their application for a permanent resident visa is made, they have accumulated, over a continuous period, at least one year of full-time work experience, or the equivalent in part-time work, in the occupation identified by the foreign national in their application as their primary occupation, other than a restricted occupation, that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix;
b) during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification; and
c) during that period of employment they performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties.
I am not satisfied that you have accumulated at least one year of full-time work experience, or the equivalent in part-time work, in the occupation identified as your primary occupation, 3219 - Other medical technologists and technicians (except dental health). You have declared that you have been employed as Pharmacy Technician at XXXXXXXXX XXXXXX XXXXXXX from 2013 until 2016. You have provided record of employment, and no evidence of duties that you have been performing.
I am therefore not satisfied that you meet Section 11.2 of the Immigration and Refugee Protection Act or subsection 75(2) of the Immigration and Refugee Protection Regulations.
Subsection 75(3) states that if a foreign national fails to meet these requirements, the application shall be refused and no further assessment is required. I am not satisfied that you meet these requirements.
In accordance with section 11.2 of the Act of the Regulations, I am refusing your application because I am not satisfied that you meet the criteria set out in an instruction given under paragraph 10.3(1)(e).
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 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.
You will receive a refund if you have paid the Right of Permanent Residence Fee.
Thank you for the interest you have shown in Canada.
________________________________________________________________________________
Can they re-apply or is there any other steps that can be taken towards this?
Any help will be greatly appreciated!
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