Hi everyone, my app has been refused , May AOR, and file submitted on 25 may 2015, I dont know what to do now. It came as a big shock after a very long wait. what should I do now can anyone suggest me.
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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.
Citizenship and Immigration 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.
In your Express Entry profile you indicated that you had Canadian work experience. The Ministerial
Instructions Respecting the Express Entry System states that For the purpose of this section, Canadian
work experience is work experience that is acquired by the accompanying spouse or common-law partner
of the foreign national in Canada in one or more occupations listed in Skill Type 0 Management
Occupations or Skill Level A or B of the National Occupational Classification (NOC) matrix; consists of
full-time work experience, or the full-time equivalent for part-time work experience, with one or more
employers; and is acquired within the 10-year period preceding the day on which points are assigned to
the foreign national under subsection (1). Furthermore, in order for the foreign national to be assigned
points under subsection (1) for the Canadian work experience of their accompanying spouse or commonlaw partner, the foreign national must specify in their expression of interest the four-digit code in the
National Occupational Classification that corresponds to each of the occupations that the accompanying
spouse or common-law partner has engaged in while accumulating their Canadian work experience; and
the spouse or common-law partner must have performed the actions described in the lead statement for
the occupation as set out in the occupational descriptions of the National Occupational Classification, as
well as a substantial number of the main duties, including all essential duties, as set out in the National
Occupational Classification.
I am not satisfied that you meet all these requirements. You have declared Canadian work experience
with Nexera Wireless under NOC 6221, Technical sales specialist. Based on evidence you provided, I am
not satisfied that you sold wholesale a range of technical goods and services, such as telecommunications
services and computer services, to governments and to commercial and industrial establishments in
domestic and international localities. Furthermore, I am not satisfied that this employer is a wholesaler
that caters to governments and to commercial and industrial establishments in domestic and international
localities. I am therefore not satisfied that you the actions described in the lead statement for the
occupation as set out in the occupational descriptions of the National Occupational Classification nor that
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you acquired experience listed in Skill Type 0 Management Occupations or Skill Level A or B of the
NOC matrix for this period.
In accordance with section 11.2 of the Act and Subsection 82(1) of the Regulations, I am refusing your
application because I have found that you do not possess the qualification on the basis of which you were
ranked under an instruction given under paragraph 10.3(1)(h). This change in your qualifications resulted
in a loss of points that brought your rank below the lowest ranking person who was invited to apply in
your round, under the Express Entry Comprehensive Ranking System.
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 of the Right of Permanent Residence Fee that you have paid
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.
Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) 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.
Thank you for the interest you have shown in Canada.
