PR Application rejection

[moghal]

Hello Guys,

This is the first time I am posting a new topic in this forum although I always referred here for my answers. Its a great forum . Guys please help me here. I have been awarded 473 point by the express entry system based on my entries (which are accurate) and was invited. I have applied for my PR with all the files submission on Jan 12th 2016. It was received by cic on Jan 13th. After a long wait on the 29th of June 2016 My agent got a mail with a pdf of decision in which the visa officer writes this :

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.

Paragraph 75(2)(e) of the Immigration and Refugee Protection Regulations states that a foreign national is

a skilled worker if they have submitted one of the following (i) their Canadian educational credential, or

(ii) their foreign diploma, certificate or credential and the equivalency assessment, which assessment must

be less than five years old on the date on which their application is made.

I am not satisfied that you have accumulated at least one year of full-time continuous work experience, or

the equivalent in part-time work, in the occupation identified as your primary occupation, NOC 2242.

You declared experience with COMPANY A(i have removed the name of company for privacy purposes of the organization) from July to October 2014. You have also

declared experience with COMPANY B from December 2014 to August 2015. The

reference letters that you have provided confirm the dates of your employment. Your total experience in

primary NOC 2242 as Electronic Technician is 13 month, however there is a 33 days break between your

two jobs, therefore your experience was not continuous. 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 must remove your Job Seeker profile from the Job Bank website as you are no longer an Express

Entry candidate. You must also remove any references that you are a candidate for Express Entry from

any private job board websites, if you used any.

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.


Now here my question is my friends, the officer is clearly mentioning my EXPERIENCE OF CANADA AS 13 MONTHS. And he is not considering my application under cec but rejecting it as per the fsw (with the refrences of clauses he provided). Is this a wrong decision made and if yes what can i do next??

Please help me guys. Thank you.
i am in Canada now and have a status till Oct 2017.

Thanks in advance.

 

[scylla]

Did you receive ITA under FSW or CEC?

 

[moghal]

I have received the invitation to apply as a skilled worker but people are mostly getting the invitation to apply as an fsw. One of my friend has no foreign experience, he was just having a year of Canadian experience but he got the invitation to apply as a skilled worker. He also got his PR now. And when my application was assessed in the starting it was showing that i met the criteria for both fsw and cec. But why dint the officer consider my application as a cec stream ?

this was the invitation

We are writing to you about your Express Entry profile submission.

Based on the information you provided us in your Express Entry profile, we are pleased to invite you to apply for

permanent residence under the .Federal Skilled Workers Class.

Below is the list of criteria upon which this invitation was based on:

 

[scylla]

In that case your application was assessed under FSW rules only (because you accepted the FSW ITA). You needed to meet the FSW requirements to be approved. CIC only assesses your application under the program you received ITA for. It doesn't matter that you meet the requirements for CEC.

If you don't meet the FSW requirements, then you were correctly refused.

 

[moghal]

Okay. Got it. Thank you for the reply. But I need help about what to do next. Just go for a new application and keep waiting till I get invitation to apply under cec?? If I get the invitation to apply under fsw should I deny it ? Please help . We dont even have the option while creating our profile, to mention that I need to apply under cec.

 

[johnjkjk]

Does continuous work quite literally mean not a single day of a break between two different jobs or is there a reasonable amount? Contract jobs in particular can start as specified dates.

moghal- if yours was contract work, was the second period of employment secured during or immediately following the first, but with a later start date, or did it take a month or so to find your next job? If your second job was confirmed but with a slight delay, perhaps this could help to convince them that the break between the two was unavoidable? I'm no expert in these matters.

 

[johnjkjk]

This dates back to 2010, I don't know how relelvant it is today and to your circumstances:

http://chaudharylaw.com/skilled-worker-immigration-to-canada-opening-the-door-a-little/

The Minister also confirmed that anticipated short breaks between jobs are acceptable:

For example, if an applicant is employed in one occupation for a 4 month contract and before the end of that contract, has secured other employment that will begin shortly after the end of the first contract, this break in continuity would be acceptable. For SW1 applicants the occupations must be one that is listed in the MI.

 

[moghal]

Can't we request the visa officer to consider our file under the cec stream, as the system is not allowing us to choose the stream?? Don't we have any advantage of working and living in Canada for so long and learning and adapting its culture??

 

[moghal]

Hi Johnjkjk.

Thanks for your help. Yes I have acquired the second job before I left the first one and yes it was going to start after a break obviously because I have moved all the way from one province yo another for my second job and there was a time span where i was briefed and trained for my second job. And that's the reason for the gap. But how could we explain this thing to the visa officer?? And what would be the chances of them reopening the file? I guess it will be a nightmare.

 

[johnjkjk]

Do you have a contract or any formal letter that specifies this training period?

Also see the following, the following may be helpful. Apparently FSW had been prioritised over CEC but they changed this in March 2016, admitting that CEC was easier to process and easier for clients. Perhaps you can argue that you were not aware that FSW is prioritised and that since your application was still pending when this change was made, it should have been retrospecticly applied, or at least the option given to those with outstanding PR applications under an FSW invite to consider withdrawing it and returning to the EE pool for consideration under CEC. Perhaps you need an immigration lawyer to guide you on this (interestingly this change was announced following a meeting between CIC and the Canadian Bar Association (CBA), the largest professional association for lawyers in Canada).

http://www.cicnews.com/2016/03/ircc-addresses-hierarchy-issue-express-entry-candidates-eligible-multiple-programs-037348.html

Since the introduction of the program hierarchy system last year, in order to balance application levels under the federal immigration programs submitted through Express Entry, the FSWC has been prioritized above the two other programs. In the event that a candidate was eligible under the FSWC and another program (i.e. either CEC or FST), his or her ITA would be issued under the FSWC. The only historical exception to this was a program-specific round of invitations that occurred in February, 2015, in which only candidates eligible under the CEC were issued an ITA.

In its summary of the meeting with IRCC representatives, the CBA Chair noted that CEC applications are ‘both easier for them to process and easier for our clients’, adding that ‘this is a positive outcome resulting from our previous consultations of May and November 2015.’

 

[moghal]

Thanks a lot for your reply and suggestion John.

So does that mean that, if I choose enter into the pool again with same credentials, and apply again with a fwill I be getting the invitation this time (if I get it) to apply as a Canadian experience class member over the FSW?? Just a clarification John.

Thanks

 

[rajibsam]

Thanks a lot for your reply and suggestion John.

So does that mean that, if I choose enter into the pool again with same credentials, and apply again with a fwill I be getting the invitation this time (if I get it) to apply as a Canadian experience class member over the FSW?? Just a clarification John.

Thanks

Yes if you qualify under CEC and FSW, then your file will be processed under CEC. If you want to qualify only under CEC, then set available funds as 0.

 

[Joejo]

Thanks a lot for your reply and suggestion John.

So does that mean that, if I choose enter into the pool again with same credentials, and apply again with a fwill I be getting the invitation this time (if I get it) to apply as a Canadian experience class member over the FSW?? Just a clarification John.

Thanks

If you are applying under CEC you are exempted from the minimum fund requirements. So if you change your available funds to '$0' in your express entry system, you will be eligible under CEC only and hence when u get your next invitation it will be under CEC.

 

[johnjkjk]

Thanks a lot for your reply and suggestion John.

So does that mean that, if I choose enter into the pool again with same credentials, and apply again with a fwill I be getting the invitation this time (if I get it) to apply as a Canadian experience class member over the FSW?? Just a clarification John.

Thanks

It's best to get advice from an expert. You need to be sure that you are eligible to make a new express entry profile and re-apply and how to explain the previous rejection.

 

[manidhatt]

Thanks a lot for your reply and suggestion John.

So does that mean that, if I choose enter into the pool again with same credentials, and apply again with a fwill I be getting the invitation this time (if I get it) to apply as a Canadian experience class member over the FSW?? Just a clarification John.

Thanks

Changes were made in March 2016. If you qualify under both FSW and CEC then you'll get invited under CEC.