have now completed the assessment of your application for a permanent resident visa as a member of the Canadian Experience Class and have determined that you do not meet the requirements for immigration to Canada.
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 may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.
In addition, according to the Immigration and Refugee Protection Act:
11.2 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.
Section 11.2 of the Act requires that information provided in your Express Entry Profile concerning your eligibility to be invited to apply (10.3(1)(e)) as well as the qualifications on the basis of which you were ranked (10.3(1)(h)) be valid both at the time the invitation was issued and at the time the application for permanent residence is received.
Immigration, Refugees and Citizenship Canada (IRCC) invited you to apply for permanent resident status based on the qualifications you claimed in your Express Entry profile. In your Express Entry profile you indicated that you have a qualifying offer of arranged employment for which you were awarded 50 points.
Requirements to be awarded points for arranged employment are enumerated under the Ministerial Instructions Respecting the Express Entry System, Item 29(2). Upon review, you do not have a qualifying job offer according to these requirements.
While I note you have a Labour Market Impact Assessment (LMIA), you are not in possession of a valid work permit that was issued based on that LMIA, nor do you have a work permit that was issued under the regulations (sections 204 and 205) which do not require an LMIA.
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 of invitation, under the Express Entry Comprehensive Ranking System.
As I have found that you no longer possess the qualification on the basis of which you were ranked under an instruction given under paragraph 10.3(1)(h), you no longer meet the requirements of Section 11.2 of Act.
Following an examination of your application, I am not satisfied that you meet the requirements of the Act and 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.
The decision communicated in this letter constitutes the definitive and final decision on your present application. Your application will be retained, under current Government of Canada file retention guidelines, for a period of two years. Your application forms and supporting documents will not be returned to you. If you should submit a new application it would require new fees and documentation and would need to meet all the requirements in effect at the time the application is submitted.
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.
If you still want to come to Canada as a skilled immigrant, you may take steps to improve your competitiveness and register for Express Entry at a later date. For example, you may try to improve your language score or gain a higher level of education. However, you must meet the minimum requirements to enter the Express Entry pool and there is no guarantee that you will be issued another invitation to apply for permanent residence under one of the immigration programs subject to Express Entry.
i have job offer with lmia i don't know why I got refusal
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 may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.
In addition, according to the Immigration and Refugee Protection Act:
11.2 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.
Section 11.2 of the Act requires that information provided in your Express Entry Profile concerning your eligibility to be invited to apply (10.3(1)(e)) as well as the qualifications on the basis of which you were ranked (10.3(1)(h)) be valid both at the time the invitation was issued and at the time the application for permanent residence is received.
Immigration, Refugees and Citizenship Canada (IRCC) invited you to apply for permanent resident status based on the qualifications you claimed in your Express Entry profile. In your Express Entry profile you indicated that you have a qualifying offer of arranged employment for which you were awarded 50 points.
Requirements to be awarded points for arranged employment are enumerated under the Ministerial Instructions Respecting the Express Entry System, Item 29(2). Upon review, you do not have a qualifying job offer according to these requirements.
While I note you have a Labour Market Impact Assessment (LMIA), you are not in possession of a valid work permit that was issued based on that LMIA, nor do you have a work permit that was issued under the regulations (sections 204 and 205) which do not require an LMIA.
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 of invitation, under the Express Entry Comprehensive Ranking System.
As I have found that you no longer possess the qualification on the basis of which you were ranked under an instruction given under paragraph 10.3(1)(h), you no longer meet the requirements of Section 11.2 of Act.
Following an examination of your application, I am not satisfied that you meet the requirements of the Act and 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.
The decision communicated in this letter constitutes the definitive and final decision on your present application. Your application will be retained, under current Government of Canada file retention guidelines, for a period of two years. Your application forms and supporting documents will not be returned to you. If you should submit a new application it would require new fees and documentation and would need to meet all the requirements in effect at the time the application is submitted.
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.
If you still want to come to Canada as a skilled immigrant, you may take steps to improve your competitiveness and register for Express Entry at a later date. For example, you may try to improve your language score or gain a higher level of education. However, you must meet the minimum requirements to enter the Express Entry pool and there is no guarantee that you will be issued another invitation to apply for permanent residence under one of the immigration programs subject to Express Entry.
i have job offer with lmia i don't know why I got refusal
