PR Refused, can I appeal in my situation?

[hopeng]

Hi Friends,

I hope you safe and sound in this COVID-19 situation. My PR got refused because some misunderstandings in the application form. Here is the detailed situation:

I have an open work permit. I get this open work permit through my common law partner who works in Canada with work permit, but he does not have a Canadian PR. I want to apply PR by myself.

When I submitted my documents, I selected yes for LMIA as I thought my open work permit is qualified for ‘LMIA except’. But it turned out that I am not eligible for this additional 50 LMIA points, and this misunderstanding brought my total score from 519 points to 469 points. My draw was on Oct 30th with 475 min scores, then I became un-qualified and got refused.

But now the situation is (1) the min scores for EE pool keeps going down, I am qualified using my 469 points for recent draws and (2) my current score goes up to 493 (without LMIA), as I gained additional work experience and it brought my ‘CRS-Skill Transferability – Foreign Work Experience ’ from 26 to 50.

In this case, is it possible to file an appeal for the immigration officer to review the case?

Many Thanks,
Hope

 

[scylla]

Hi Friends,

I hope you safe and sound in this COVID-19 situation. My PR got refused because some misunderstandings in the application form. Here is the detailed situation:

I have an open work permit. I get this open work permit through my common law partner who works in Canada with work permit, but he does not have a Canadian PR. I want to apply PR by myself.

When I submitted my documents, I selected yes for LMIA as I thought my open work permit is qualified for ‘LMIA except’. But it turned out that I am not eligible for this additional 50 LMIA points, and this misunderstanding brought my total score from 519 points to 469 points. My draw was on Oct 30th with 475 min scores, then I became un-qualified and got refused.

But now the situation is (1) the min scores for EE pool keeps going down, I am qualified using my 469 points for recent draws and (2) my current score goes up to 493 (without LMIA), as I gained additional work experience and it brought my ‘CRS-Skill Transferability – Foreign Work Experience ’ from 26 to 50.

In this case, is it possible to file an appeal for the immigration officer to review the case?

Many Thanks,
Hope

No - not possible to appeal. You were correctly refused. It doesn't matter that the score is lower now.

 

[canuck_in_uk]

Hi Friends,

I hope you safe and sound in this COVID-19 situation. My PR got refused because some misunderstandings in the application form. Here is the detailed situation:

I have an open work permit. I get this open work permit through my common law partner who works in Canada with work permit, but he does not have a Canadian PR. I want to apply PR by myself.

When I submitted my documents, I selected yes for LMIA as I thought my open work permit is qualified for ‘LMIA except’. But it turned out that I am not eligible for this additional 50 LMIA points, and this misunderstanding brought my total score from 519 points to 469 points. My draw was on Oct 30th with 475 min scores, then I became un-qualified and got refused.

But now the situation is (1) the min scores for EE pool keeps going down, I am qualified using my 469 points for recent draws and (2) my current score goes up to 493 (without LMIA), as I gained additional work experience and it brought my ‘CRS-Skill Transferability – Foreign Work Experience ’ from 26 to 50.

In this case, is it possible to file an appeal for the immigration officer to review the case?

Many Thanks,
Hope

Agree with above. You didn't meet the required score and were correctly refused. Current scores are irrelevant.

 

[Wolfpmd3]

Hi Friends,

I hope you safe and sound in this COVID-19 situation. My PR got refused because some misunderstandings in the application form. Here is the detailed situation:

I have an open work permit. I get this open work permit through my common law partner who works in Canada with work permit, but he does not have a Canadian PR. I want to apply PR by myself.

When I submitted my documents, I selected yes for LMIA as I thought my open work permit is qualified for ‘LMIA except’. But it turned out that I am not eligible for this additional 50 LMIA points, and this misunderstanding brought my total score from 519 points to 469 points. My draw was on Oct 30th with 475 min scores, then I became un-qualified and got refused.

But now the situation is (1) the min scores for EE pool keeps going down, I am qualified using my 469 points for recent draws and (2) my current score goes up to 493 (without LMIA), as I gained additional work experience and it brought my ‘CRS-Skill Transferability – Foreign Work Experience ’ from 26 to 50.

In this case, is it possible to file an appeal for the immigration officer to review the case?

Many Thanks,
Hope

You can't appeal, there is nothing to appeal. You didn't meet the minimum cut-off when you were invited. So having your application rejected was the only possible outcome and fair by the rules.

You can enter the pool again and wait to get a new invitation to start the process from scratch. You might be able to re-use your medical exam, English test and/or police certificates.

This is your only option, meaning you'll have to repay the fees, which BTW have increased as of April 30th.

 

[hopeng]

Ok, thank you everyone, I will just re-apply!

 

[Pgill2609]

Ok, thank you everyone, I will just re-apply!

Hi I have a question if you dont mind answering. You said you applied without your partner who was already in canada, did you do this because of the points? And did you declare your partner as no accompanying and wrote a letter to explain why spouse is not accompanying

 

[hopeng]

Hi I have a question if you dont mind answering. You said you applied without your partner who was already in canada, did you do this because of the points? And did you declare your partner as no accompanying and wrote a letter to explain why spouse is not accompanying

I applied without partner because my partner is planning to go to US in few years.
I decaled him as no accompanying.
I didn't write a letter for explanation, do we need to write such a letter?

 

[Pgill2609]

I applied without partner because my partner is planning to go to US in few years.
I decaled him as no accompanying.
I didn't write a letter for explanation, do we need to write such a letter?

Is he in canada with you? And what type of permit does he have. So your on a open work permit as a accompanying spouse ? I'm.not sure I have heard so many different things, I'm asking because I'm wanting to apply single too

 

[hopeng]

Is he in canada with you? And what type of permit does he have. So your on a open work permit as a accompanying spouse ? I'm.not sure I have heard so many different things, I'm asking because I'm wanting to apply single too

He is in Canada with me. We live together. He has LMIA work permit from his employer. I am on open work permit as a accompanying spouse.

Could you share some of the 'different things' you heard? I am honestly not confident of applying as a accompanying spouse on open work permit.

 

[scylla]

He is in Canada with me. We live together. He has LMIA work permit from his employer. I am on open work permit as a accompanying spouse.

Could you share some of the 'different things' you heard? I am honestly not confident of applying as a accompanying spouse on open work permit.

There are a number of historical threads that cover this topic on this forum. You'll need to dig around and find them if you want to benefit from this information. Here's one:

https://www.canadavisa.com/canada-immigration-discussion-board/threads/pfl-letter-on-spouse-status.655729/

 

[Pgill2609]

He is in Canada with me. We live together. He has LMIA work permit from his employer. I am on open work permit as a accompanying spouse.

Could you share some of the 'different things' you heard? I am honestly not confident of applying as a accompanying spouse on open work permit.

I thought that's how you applied on your own?

I heard that we can apply for ee on our own as long as we write a letter that we are doing this for points but then other says that we can't do this that they have to leave the country at the time we get the Ita. Most people have applied and been successful