Procedural Fairness Letter- JO is not Genuine

[Haert]

So I just need to get a new employer urgently & inform my employer (nephew). What is your application status now?

Correct. How many days was given to you by the IRCC in the PFL?

 

[Babe1602]

1 month. .

 

[Haert]

1 month. .

Geez! Better hurry up. Make sure to look for HCCP employer ONLY.

 

[Babe1602]

But I already complied with PFL, waiting for their final decision, what I will do? .I only have less than two weeks left.

 

[Haert]

But I already complied with PFL, waiting for their final decision, what I will do? .I only have less than two weeks left.

When you find a new employer, briefly explain to them your case. All they need to do is fill out the JO form, which you can download from google. Once done, just resubmit it via webform or thru your gckey. But from what I read to your post, you already responded to your case officer. That I am not sure how will they treat your case.

 

[Haert]

1 month. .

Also, take note ... If your nephew has a clinical/medical diagnosis which requires thorough assistance by a caregiver or if he is classified as with disability. It will fall under HSW and not HCCP. Don't make your papers more complicated. Just look for another employer, if you still can.

 

[Babe1602]

No, they do not have updated docs I asked what the proof just a brief explanation that during her younger years was diagnosed. My additional status is now not applicable.

 

[canuck78]

No, they do not have updated docs I asked what the proof just a brief explanation that during her younger years was diagnosed. My additional status is now not applicable.

You need concrete proof that someone of school age needs full-time care especially if they are old enough to be home alone. Things like doctors notes, letters from schools describing what help is needed, proof of care that has been provided before you arrived to proof continuity of care, etc. There are very limited circumstances when a teenager would need a full-time caregiver. The burden of proof is even higher when trying to hire a family member because many have tried or have exploited the caregiver program to sponsor family members when they didn’t actually need a full-time caregiver and often the caregiver didn’t actually end up working for the family and receive payment required (or got paid on paper but reimbursed the family).

 

[Babe1602]

Hello @Jayluv I saw your post before bout your employer who received a letter from the officer which needs an explanation similar to my PFL, what is your status now.

 

[Hummingbird89]

Please help me! please!. It was as if heaven and earth fell on me. I received PFL:

I have completed the assessment of your permanent resident application and have determined that you do not meet one or more of the requirements for immigration to Canada, specifically that you have not provided an offer of employment that is genuine.

A request letter was sent to your employer for additional information. They did not respond with all of the requested information, therefore I cannot be satisfied that the job offer is genuine.

You have the opportunity to make any submissions related to this matter. Should you wish to make submissions, you must do so in writing to this office within 30 days from the date of this letter. If you do not make a submission, a decision regarding your ability to comply with these requirements will be taken on the basis of the information on your file. This may result in your application being refused and no further consideration given to the request for permanent residence unless a new application, including fees, is submitted.


Below are the questions received from my employer before the PFL received:

[X] Explanation of why a caregiver is mandatory at this time and at your children’s age. This explanation should address the following points:
If you have not hired a caregiver in the past.
Provide a clear description of the exceptional circumstances behind the need for a caregiver when you did not require one in the past.
How frequently will you require a caregiver and what other options, other than hiring a caregiver, were explored to make this application?

If you have hired a caregiver in the past.
What was the length of time that you previously employed a caregiver and what is the reason that the caregiver is no longer working for you?

[X] Explanation of how care needs are currently being met, what are you currently doing for childcare?

[X] Long form birth certificate(s) of children requiring care to confirm their age and parents’ names, or a recently dated doctor’s note confirming pregnancy and due date.

[X] Please provide a written explanation of the activities and duties the caregiver will be required to perform, along with a daily schedule of the caregiver’s hours and duties expected to work for the child requiring care.

Is there supposed to be a question at the end of this post?

 

[Babe1602]

My application has been refused, received an email last night

 

[Sophia16]

My application has been refused, received an email last night

Oh so sorry about it.

Where you given an option to reapply?

If so, pls prepare to apply again by January. And hopefully it is faster now than our paper application.

Oh but all the payment again.

 

[Naturgrl]

My application has been refused, received an email last night

It is not surprising since the child is no longer a minor (18) and will be attending college.No need for her to have a full time caregiver. You were not eligible for the HCCP program anymore.

 

[Babe1602]

This letter refers to your application for permanent residence under the Home Child Care Provider Class.

I have completed the assessment of your permanent resident application and have determined that you do not meet one or more of the requirements for immigration to Canada, checked below.

The Home Child Care Provider Class is established as part of the economic class referred to in subsection 12(2) of the Act and consists of foreign nationals who intend to reside in a province other than the province of Quebec, and who, as of the date on which their application for a permanent resident visa as a member of that class is made, must meet the required criteria.

For applicants who have acquired less than 12 months of full-time work experience in Canada in an eligible occupation (NOC 4411, with the exception of foster parenting) during the 36 months preceding the date on which they made the application, the applicant must satisfy an officer that

[X] They have received an offer of employment for full-time work that meets the following
conditions:
(A) it is made by a single Canadian employer who has a Canada Revenue Agency business number and who is not an embassy, high commission or consulate or an employer referred to in any of subparagraphs 200(3)(h)(i) to (iii) of the Regulations,
(B) it is for a position in a province other than the province of Quebec,
(C) it is in respect of an eligible occupation,
(D) it describes the work and duties to be performed by the foreign national that must align with those described for the eligible occupation in the National Occupational Classification (NOC 4411, with the exception of foster parenting),
and
(E) it is genuine and likely to be valid when the applicant is issued their initial home child care provider work permit,

[] they are likely to accept the job offer, and
[] they are able to perform the work and duties described for the eligible occupation in the National Occupational Classification (NOC 4411, with the exception of foster parenting and;
[] within 36 months of the issuance of their initial home child care work permit, they demonstrate that they have acquired, in Canada, at least 24 months of full-time work experience in an eligible occupation within the 36 months preceding the date of the demonstration; and
[] the work experience must include the performance of the actions described in the lead statement for the eligible occupation in the National Occupational Classification (NOC 4411, with the exception of foster parenting), and the performance of a substantial number of the main duties of that occupation; must only involve work that was authorized under a work permit; must be acquired while the foreign national had temporary resident status; and must not include any period during which the foreign national was engaged in full-time study or was self-employed.

Based on the information that is available, I am not satisfied that you or your family members meet the requirements of the Act and are not inadmissible to Canada. Your application for permanent residence in Canada as a member of the Home Child Care Provider Class was considered on its substantive merits and has been refused, thereby fully concluding your application.

If you have submitted work or study permit applications for your family members, those are also being cancelled with their fees to be refunded.

Should you have different or additional information you would like assessed, it must be submitted with a new application and applicable fees.

You must continue to hold valid status in Canada for the duration of your stay. If your status has expired, you must leave Canada immediately. Failure to do so could result in enforcement action being taken against you.

Passports for yourself and your family members must be valid for the duration of your stay in Canada.

 

[scylla]

This letter refers to your application for permanent residence under the Home Child Care Provider Class.

I have completed the assessment of your permanent resident application and have determined that you do not meet one or more of the requirements for immigration to Canada, checked below.

The Home Child Care Provider Class is established as part of the economic class referred to in subsection 12(2) of the Act and consists of foreign nationals who intend to reside in a province other than the province of Quebec, and who, as of the date on which their application for a permanent resident visa as a member of that class is made, must meet the required criteria.

For applicants who have acquired less than 12 months of full-time work experience in Canada in an eligible occupation (NOC 4411, with the exception of foster parenting) during the 36 months preceding the date on which they made the application, the applicant must satisfy an officer that

[X] They have received an offer of employment for full-time work that meets the following
conditions:
(A) it is made by a single Canadian employer who has a Canada Revenue Agency business number and who is not an embassy, high commission or consulate or an employer referred to in any of subparagraphs 200(3)(h)(i) to (iii) of the Regulations,
(B) it is for a position in a province other than the province of Quebec,
(C) it is in respect of an eligible occupation,
(D) it describes the work and duties to be performed by the foreign national that must align with those described for the eligible occupation in the National Occupational Classification (NOC 4411, with the exception of foster parenting),
and
(E) it is genuine and likely to be valid when the applicant is issued their initial home child care provider work permit,

[] they are likely to accept the job offer, and
[] they are able to perform the work and duties described for the eligible occupation in the National Occupational Classification (NOC 4411, with the exception of foster parenting and;
[] within 36 months of the issuance of their initial home child care work permit, they demonstrate that they have acquired, in Canada, at least 24 months of full-time work experience in an eligible occupation within the 36 months preceding the date of the demonstration; and
[] the work experience must include the performance of the actions described in the lead statement for the eligible occupation in the National Occupational Classification (NOC 4411, with the exception of foster parenting), and the performance of a substantial number of the main duties of that occupation; must only involve work that was authorized under a work permit; must be acquired while the foreign national had temporary resident status; and must not include any period during which the foreign national was engaged in full-time study or was self-employed.

Based on the information that is available, I am not satisfied that you or your family members meet the requirements of the Act and are not inadmissible to Canada. Your application for permanent residence in Canada as a member of the Home Child Care Provider Class was considered on its substantive merits and has been refused, thereby fully concluding your application.

If you have submitted work or study permit applications for your family members, those are also being cancelled with their fees to be refunded.

Should you have different or additional information you would like assessed, it must be submitted with a new application and applicable fees.

You must continue to hold valid status in Canada for the duration of your stay. If your status has expired, you must leave Canada immediately. Failure to do so could result in enforcement action being taken against you.

Passports for yourself and your family members must be valid for the duration of your stay in Canada.

I'm sorry about the refusal. However as others have said, this refusal makes sense and was expected. If you want to submit a new application, you will need to start by finding a new employer and new job offer. You will need to then reapply from scratch. Good luck.