Received PFL: FSW

[drepey220]

Received PFL. VO didn't mention misrep. Lawyer suggested to withdraw application after we have recalculated minimum eligibility criteria. Turns out I selected yes for valid job offer but it's not LMIA. Also one of the foreign work experience NOC code should be different.

My main concern is misrepresentation and I want to avoid risking or VO misunderstanding my case

I am now completing the assessment of your application for a permanent resident visa. It appears that you may not meet the requirements for immigration to Canada.

If you are nominated under a province or territory’s Express Entry stream, you must meet the requirements for provincial nomination, and you must also meet the minimum criteria for Express Entry which includes meeting the requirements of at least one of the immigration programs it covers: that is, Federal Skilled Worker Program, Federal Skilled Trades Program, or Canadian Experience Class.

At the time you were invited to apply, it was determined that you did not meet the minimum entry criteria for either the Canadian Experience Class or the Federal Skilled Trades Program. Upon further review of the information and documentation you submitted as evidence of work experience, I have determined that you do not appear to meet Federal Skilled Worker (FSW) program minimum requirements as per R75(2).

For a family of 4, an applicant must show that he/she has in liquid funds at least $24,733 CAD. Funds must be readily available to you, and must be available both when you apply and when (if) we issue you a permanent resident visa. For proof, you must submit official letters from any banks or financial institutions where you are keeping money.

Letter(s) must:
• be printed on the financial institution’s letterhead
• include their contact information (address, telephone number and email address)
• include your name
• list outstanding debts such as credit card debts and loans
• include, for each current bank and investment account:
• account numbers
• the date each account was opened
• the current balance of each account
• the average balance for the past six mont

I have reviewed the bank statements and other documents you submitted for the following accounts:

XXXXX account ending …XXX $XXXX CAD
XXXXX account ending …XXX $XXXX CAD

After reviewing the above statements and documents I have determined that you do not appear to meet the minimum requirements of the Federal Skilled Worker Program, specifically the requirement for available funds according to R76(1)(b). I am not satisfied that you have at your disposal, with sufficient liquidity, and with the ability to transfer those assets, the necessary threshold of funds to support your establishment in Canada on arrival.

Before I make a final decision, you may submit additional information relating to this issue. You have 30 days from the date of this letter to submit additional information to me via your MyCIC account. You are responsible for any fees charged by your financial institution or other professionals you consult as a result of this opportunity to submit new information. As stated above, you must provide any additional information within 30 days from the date of this letter. If you choose not to respond with additional information I will make my decision based on the information before me, which may result in the refusal of your application. I look forward to receiving your additional information.

Sincerely,
Immigration, Refugees and Citizenship Canada

 

[scylla]

Received PFL. VO didn't mention misrep. Lawyer suggested to withdraw application after we have recalculated minimum eligibility criteria. Turns out I selected yes for valid job offer but it's not LMIA. Also one of the foreign work experience NOC code should be different.

My main concern is misrepresentation and I want to avoid risking or VO misunderstanding my case

Normally IRCC will not let you withdraw after sending a PFL. You can certainly try to withdraw but I would make sure you submit a response to the PFL as well.

 

[drepey220]

@scylla thanks for the response. I have drafted a clear response explaining why I have misunderstood NOC description and what counts as a valid job offer. Then respectfully requested to withdraw the application given the findings after legal consultation. My main concern is that, do you think there is any risk of misinterpretation? I mean just by looking at the PFL:

I am now completing the assessment of your application for a permanent resident visa. It appears that you may not meet the requirements for immigration to Canada.

If you are nominated under a province or territory’s Express Entry stream, you must meet the requirements for provincial nomination, and you must also meet the minimum criteria for Express Entry which includes meeting the requirements of at least one of the immigration programs it covers: that is, Federal Skilled Worker Program, Federal Skilled Trades Program, or Canadian Experience Class.

At the time you were invited to apply, it was determined that you did not meet the minimum entry criteria for either the Canadian Experience Class or the Federal Skilled Trades Program. Upon further review of the information and documentation you submitted as evidence of work experience, I have determined that you do not appear to meet Federal Skilled Worker (FSW) program minimum requirements as per R75(2).

For a family of 4, an applicant must show that he/she has in liquid funds at least $24,733 CAD. Funds must be readily available to you, and must be available both when you apply and when (if) we issue you a permanent resident visa. For proof, you must submit official letters from any banks or financial institutions where you are keeping money.

Letter(s) must:
• be printed on the financial institution’s letterhead
• include their contact information (address, telephone number and email address)
• include your name
• list outstanding debts such as credit card debts and loans
• include, for each current bank and investment account:
• account numbers
• the date each account was opened
• the current balance of each account
• the average balance for the past six mont

I have reviewed the bank statements and other documents you submitted for the following accounts:

XXXXX account ending …XXX $XXXX CAD
XXXXX account ending …XXX $XXXX CAD

After reviewing the above statements and documents I have determined that you do not appear to meet the minimum requirements of the Federal Skilled Worker Program, specifically the requirement for available funds according to R76(1)(b). I am not satisfied that you have at your disposal, with sufficient liquidity, and with the ability to transfer those assets, the necessary threshold of funds to support your establishment in Canada on arrival.

Before I make a final decision, you may submit additional information relating to this issue. You have 30 days from the date of this letter to submit additional information to me via your MyCIC account. You are responsible for any fees charged by your financial institution or other professionals you consult as a result of this opportunity to submit new information. As stated above, you must provide any additional information within 30 days from the date of this letter. If you choose not to respond with additional information I will make my decision based on the information before me, which may result in the refusal of your application. I look forward to receiving your additional information.

Sincerely,
Immigration, Refugees and Citizenship Canada
[\quote]



thanks again

 

[scylla]

@scylla thanks for the response. I have drafted a clear response explaining why I have misunderstood NOC description and what counts as a valid job offer. Then respectfully requested to withdraw the application given the findings after legal consultation. My main concern is that, do you think there is any risk of misinterpretation? I mean just by looking at the PFL

thanks again

It sounds like you're doing the right thing.

I cannot comment if there's any risk of misrepresentation.

 

[drepey220]

@scylla I have edited my previous post with the letter. As you can see there is no mention of misrepresentation compared to other PFLs I have seen here. With regards to proof of funds, I presented documents which were below the minimum amount required. The reason is that I thought I didnt need POF due to having a permanent full time work, which turns out to be incorrect since the work shoud fal under LMIA or LMIA exempt.

thank you very much

 

[Alalac]

@scylla I have edited my previous post with the letter. As you can see there is no mention of misrepresentation compared to other PFLs I have seen here. With regards to proof of funds, I presented documents which were below the minimum amount required. The reason is that I thought I didnt need POF due to having a permanent full time work, which turns out to be incorrect since the work shoud fal under LMIA or LMIA exempt.

thank you very much

In any moment they mention on what grounds the refusal will be, and it might be under misrepresentation as you selected wrong immigration process and provided wrong documents. Anyways, you should send them the letter and that will be registered as a red flag in your records and profile in case you decide to reapply in any given moment

 

[izza.sikander]

@scylla thanks for the response. I have drafted a clear response explaining why I have misunderstood NOC description and what counts as a valid job offer. Then respectfully requested to withdraw the application given the findings after legal consultation. My main concern is that, do you think there is any risk of misinterpretation? I mean just by looking at the PFL:

hey any update?

 

[drepey220]

hey any update?

@izza.sikander

Yes.

I did what the lawyer said but provided references (IRCC website links/webpages) to explain what led me to the misinterpretation. It seems like I might have been correct after all.

For some reason, the VO replied and said we had met the minimum eligibility.

Received ECPOR APRIL 30 and PR cards last month (June 2024).

LESSON: Be truthful and admit mistakes.

Thanks to @scylla

Good luck!