Refusal letter for FST PR application. Please help, I did not understood reasons

[crazyroad]

Greeting.
I just received a refusal letter from CIC for my PR application.
I applied for FST class at the end of 2014.
The reasons for refusal are:
You have not provided a certification of qualification from a province in Canada, and have indicated in your application form Schedule 11 that you are not possession of those.
You do not hold a valid work permit issued based on a Labour Market Impact Assessment (LMIA) or are you authorized to work in Canada under section 186th
You do not a work permit referred to in paragraph 204 (a) or (c) of the Regulations.
You have not provided a job offer from a prospective employer in Canada and a LMIA based on an opinion provided to the officer by the Department of Employment and Social Development.
As such, I am not satisfied that you meet the requirements for skilled trade Pursuant to paragraph 87.2 (3) (d) (ii) of the Regulations.

When I applied for FST Nowhere have not found the information that I have for the FST have LMIA / LMO.
I had a work permit through the Alberta pilot project - nowhere written that my work permit is invalid for PR application.
Of course I have previously received file number in which was written the following:

This refers to your application for permanent residence in Canada in the Federal Skilled Trades Class.
The Minister of Citizenship, Immigration and Multiculturalism issued instructions which were published in the Canada Gazette on 01 May 2014. These instructions specify that only applicants who:
Demonstrate they meet or exceed the English or French language proficiency threshold set by the Minister in all four language abilities;
Provide evidence of at least two years of full-time work experience (or the equivalent in part-time work experience) in a skilled trade occupation within the five years preceding the date of application, after becoming qualified to independently practice that occupation;
Satisfy the requirements for employment that skilled trade occupation as described in the National Occupational Classification (NOC); and
hold an offer of continuous full-time employment in Canada for a total period of at least one year or hold a valid certificate of qualification in that skilled trade from a Canadian provincial or territorial authority are eligible to be processed in the Federal Skilled Trades Class.

Based on a review of the information you have provided, your application has received a positive determination of eligibility to be processed on the basis your having met the above mentioned Ministerial Instructions. However a final decision on your eligibility to be selected under the Federal Skilled Trades Class will be made by a visa office.

The question is : whether I misunderstood what conditions I must meet for the application, or the officer may have made a mistake ..

 

[scylla]

You need to meet one of the requirements below in order to qualify to apply:

1) hold an offer of continuous full-time employment in Canada for a total period of at least one year (this means you have an approved LMIA)

OR

2) hold a valid certificate of qualification in that skilled trade from a Canadian provincial or territorial authority are eligible to be processed in the Federal Skilled Trades Class

Based on your refusal letter, it sounds like you meet neither of these (again, you need to meet one) and for this reason were correctly refused.

 

[crazyroad]

But I did not have a work permit that required LMIA (LMO).
So, no one who did not have LMO / LMIA (or certificate) could not apply for FST?
That's what had me confused. I did not know that.
I knew without LMIA you can not apply via Express Entry.
Before Express entry - if you have LMO / LMIA you can apply. Or you had have a certificate.
My Alberta pilot project LMO exception of a work permit is not worth anything without a certificate , for the PR application.
I did not know that , neither.
To my great regret, is nevertheless my fault.
Thanks.

 

[crazyroad]

Applications to the Federal Skilled Trade Program can be made from both outside of Canada or inside Canada for applicants who already have a Canadian work permit as a temporary foreign worker. For workers already in Canada, only individuals on a valid work permit qualify for the FST. The job offer must be from your current employer who is named on your work permit, and the offer must be for at least one year of full time employment. The work permit must have a positive LMO or have been LMO exempt. For workers applying from outside of Canada, the offer of employment must also include a positive LMO.


204. A work permit may be issued under section 200 to a foreign national who intends to perform work pursuant to
(a) an international agreement between Canada and one or more countries, other than an agreement concerning seasonal agricultural workers;
(b) an agreement entered into by one or more countries and by or on behalf of one or more provinces; or
(c) an agreement entered into by the Minister with a province or group of provinces under subsection 8(1) of the Act.

l

Definition “skilled trade occupation”
87.2 (1) In this section, “skilled trade occupation” means an occupation, unless the occupation has been designated a restricted occupation by the Minister, in the following categories listed in Skill Level B of the National Occupational Classification matrix:
(a) Major Group 72, industrial, electrical and construction trades;
(b) Major Group 73, maintenance and equipment operation trades;
(c) Major Group 82, supervisors and technical occupations in natural resources, agriculture and related production;
(d) Major Group 92, processing, manufacturing and utilities supervisors and central control operators;
(e) Minor Group 632, chefs and cooks; and
(f) Minor Group 633, butchers and bakers.
Marginal note:Class

(2) For the purposes of subsection 12(2) of the Act, the federal skilled trades class is prescribed as a class of persons who are skilled trades workers and who may become permanent residents on the basis of their ability to become economically established in Canada in a skilled trade occupation and their intention to reside in a province other than the Province of Quebec.
Marginal note:Member of class

(3) A foreign national is a member of the federal skilled trades class if
(a) following an evaluation by an organization or institution designated under subsection 74(3), they meet the threshold fixed by the Minister under subsection 74(1) for proficiency in either English or French for each of the four language skill areas;
(b) they have, during the five years before the date on which their permanent resident visa application is made, acquired at least two years of full-time work experience, or the equivalent in part-time work, in the skilled trade occupation specified in the application after becoming qualified to independently practice the occupation, and during that period of employment has performed
(i) the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification, and
(ii) a substantial number of the main duties listed in the description of the occupation set out in the National Occupational Classification, including all of the essential duties;
(c) they have met the relevant employment requirements of the skilled trade occupation specified in the application as set out in the National Occupational Classification, except for the requirement to obtain a certificate of qualification issued by a competent provincial authority; and
(d) they meet at least one of the following requirements:
(i) they hold a certificate of qualification issued by a competent provincial authority in the skilled trade occupation specified in the application,
(ii) they are in Canada and hold a work permit that is valid on the date on which their application is made and, on the date on which the visa is issued, hold a valid work permit or are authorized to work in Canada under section 186, and
(A) the work permit was issued based on a positive determination by an officer under subsection 203(1) with respect to their employment in a skilled trade occupation,
(B) they are working for any employer specified on the work permit, and
(C) they have an offer of employment — for continuous full-time work for a total of at least one year in the skilled trade occupation that is specified in the application and is in the same minor group set out in the National Occupational Classification as the occupation specified on their work permit — that is made by up to two employers, other than an embassy, high commission or consulate in Canada or an employer whose name appears on the list referred to in subsection 209.91(3) if a period of two years has not elapsed since the day on which the determination referred to in subsection 203(5) or 209.91(1) or (2) was made, who are specified on the work permit, subject to the visa being issued to the foreign national,
(iii) they are in Canada and hold a work permit referred to in paragraph 204(a) or (c) — that is valid on the date on which their application is received — and, on the date on which the visa is issued, hold a valid work permit or are authorized to work in Canada under section 186, and the circumstances referred to in clauses (ii)(B) and (C) apply,
(iv) they do not hold a valid work permit or are not authorized to work in Canada under section 186 on the date on which their application is made and
(A) up to two employers, other than an embassy, high commission or consulate in Canada or an employer whose name appears on the list referred to in subsection 209.91(3) if a period of two years has not elapsed since the day on which the determination referred to in subsection 203(5) or 209.91(1) or (2) was made, have made them an offer of employment in the skilled trade occupation specified in the application for continuous full-time work for a total of at least one year subject to the visa being issued to them, and
(B) an officer has approved the offer for full-time work — based on an opinion provided to the officer by the Department of Employment and Social Development, on the same basis as an opinion provided for the issuance of a work permit, at the request of up to two employers or an officer — that the requirements set out in subsection 203(1) with respect to the offer have been met, and
(v) they either hold a valid work permit or are authorized to work in Canada under section 186 on the date on which their application for a permanent resident visa is made and on the date on which it is issued, and
(A) the circumstances referred to in clauses (ii)(B) and (C) and subparagraph (iii) do not apply, and
(B) the circumstances referred to in clauses (iv)(A) and (B) apply.
Marginal note:Substitution of officer’s evaluation

(4) If the requirements referred to in subsection (3), whether or not they are met, are not sufficient indicators of whether the foreign national will become economically established in Canada, an officer may substitute their evaluation for the requirements. This decision requires the concurrence of another officer.
Marginal note:Requirement for funds

(5) With the exception of the foreign nationals referred to in subparagraphs (3)(d)(ii), (iii) and (v), the foreign national must have, in the form of transferable and available funds, unencumbered by debts or other obligations, an amount equal to one half of the minimum necessary income applicable in respect of the group of persons consisting of the skilled trades worker and their family members.
SOR/2012-274, s. 14; 2013, c. 40, s. 237; SOR/2013-245, s. 2.

 

[crazyroad]

International Mobility Program: Alberta pilot for occupation-specific work permits (EXPIRED)
This section contains policy, procedures and guidance used by CIC staff. It is posted on the CIC website as a courtesy to stakeholders.
Note: This pilot program expired on July 31, 2014; applications in regard to initial applications to enter the pilot will no longer be accepted. However, participants who entered the pilot program prior to August 1st, 2014, as uncertified trades people, who have successfully challenged the Alberta Apprenticeship and Industry Training (AAIT) Qualification Certification Program (QCP) exam and obtained trade certification in Alberta, may – until further notice – still apply in Canada for the two-year open work permit before their initial one-year employer-specific work permit has expired.

This TFW Annex pilot project, launched June 1, 2011, in the Province of Alberta, allows foreign nationals to come to Canada to work temporarily in a specific occupation and to be issued a WP that allows them to move freely between employers, without requiring an LMO from Service Canada, if specific requirements are met.

This pilot project was established under the TFW Annex to the Agreement for Canada-Alberta Cooperation on Immigration which contains the following commitment:

“7.2.1 The Canada-Alberta Working Group on TFWs, defined in section 9.2, will work toward developing occupation-specific (but non-employer specific) WPs for TFWs working in Alberta in the engineering, construction and procurement industries to permit limited mobility of certain high-skilled TFWs within a particular industrial sector.”

Approved Pilot Occupations
Steamfitter/pipefitter (National Occupational Classification [NOC] 7252);
Welder (NOC 7265); and also
Welder-wire process operator (NOC 7265);
Heavy-duty equipment mechanic (NOC 7312); and also
Heavy Equipment Technician – Heavy Duty Equipment Mechanic (Off Road) (NOC 7312);
Heavy Equipment Technician – Transport Trailer Mechanic (NOC 7321);
Heavy Equipment Technician – Truck and Transport Mechanic (NOC 7321);
Ironworker (NOC 7264); and also
Ironworker – structural/ornamental (NOC 7264);
Ironworker – reinforcing (NOC 7264);
Ironworker – metal building systems erector (NOC 7264);
Millwright and industrial mechanic (NOC 7311) (see note 1);
Carpenter (NOC 7271) (see note 1); and
Estimator (NOC 2234) (see note 2).
Note

Employers who do not require a journeyperson level carpenter and/or millwright are not required to participate in the pilot but may instead hire TFWs under the LMO process.
Qualified estimators are not required to apply to the Alberta QCP as they are certified by the Canadian Institute of Quantity Surveyors (CIQS), therefore will not have an approval letter from AIT.
Pilot Project Parameters
To ensure the protection of the Canadian labour market, foreign nationals requesting to work in Canada under this Pilot are required to have an initial job offer from an Alberta employer or an employer acting on behalf of a recognized GoE under the Citizenship and Immigration Canada (CIC)–Employment and Social Development Canada (ESDC) GoE pilot.

The job offer from the employer must indicate that the wages offered are consistent with the prevailing wage rate paid to Canadians in the same occupation in the region and that the working conditions for the occupation meet current provincial labour market standards.

Under this pilot, TFW applicants who have a job offer in one of the pilot occupations, for a position located in Alberta, are eligible for one of the following:

a one-year WP that is both occupation-specific and employer-specific (i.e. for foreign nationals who are not certified, but are in possession of a valid AIT Approval letter and a valid job offer), or
a two-year occupation-specific OPEN WP for the province of Alberta (i.e. for foreign nationals certified or recognized as certified by Alberta, who have a valid job offer), or
a short-term employer-specific WP issued for the duration authorized by AIT (i.e. this option is for foreign nationals in compulsory skilled trades only and generally does not exceed 90 days). Applicants must have an AIT Authorization letter (instead of the Approval letter).
Note: This deadline date is only applicable in regard to initial applications to enter the pilot. Once in the pilot, and an uncertified participant has successfully challenged the AIT QCP exam and obtained trade certification in Alberta, they may apply in Canada for the two-year OPEN work permit before their initial one-year employer-specific work permit has expired.
AIT Requirements (see also OB 434 for more information):

Establishment of training and certification standards for tradespersons working in Alberta is the responsibility of Alberta industry, represented by AIT. To maintain industry standards in Alberta and to promote workplace safety, AIT evaluates and tests out-of-country tradespersons destined to work in the province.

TFWs who want to work in a compulsory certification trade in Alberta must be a certified journeyperson – or approved by AIT into the certification program - holding one of the following:

a valid Alberta Qualification Certificate, or
a valid Canadian provincial/territorial trade certificate recognized by Alberta, or
a valid out of country trade certificate recognized as equivalent by Alberta (Recognized Certificates), or
a valid Alberta Equivalency Document, or
the Alberta QCP approval letter, which must be obtained prior to coming to Canada, or
an authorization letter from AIT permitting a requesting employer to hire TFWs in specified occupations for specialty work, generally for shorter periods of time. This authorization must be obtained prior to the TFW coming to Canada.
All TFWs with approved QCP applications are eligible to work in Alberta under the supervision of a certified journeyperson.

The QCP application approval letter remains valid for a period of one year from the date of issue. Once the TFW arrives in Canada, he or she will have up to 12 months to challenge the QCP exams. Upon meeting all industry trade requirements, including passing the required trade examinations, an Alberta Qualification Certificate is issued to the TFW.

Information on AIT certification requirements to work in a trade in Alberta can be found at Alberta Enterprise and Advanced Education Web site.

Work Permit Issuance Instructions
Applications/requests for WPs can be received up to and including July 31st, 2014 at a visa office or a Port of Entry (if eligible) or inland if already in Canada.

For information on how to apply, refer to:

Apply for a work permit
Extend your work permit–Temporary workers
Uncertified Applicants
Certified Applicants
Short-term (compulsory trades only)
Qualified Estimators (non-AIT certified)
Extensions
No work permit extensions will be issued under this pilot project.

System Instructions
LMO Exemption Code is T13 in conjunction with R204(c) of the Immigration and Refugee Protection Regulations: “… an agreement entered into by the Minister with a province or group of provinces under subsection 8(1) of the Act.” This code must be used on the initial one-year WP and the subsequent two-year open WP.

Both the initial employer-specific/occupation-specific WP and the subsequent open WP should indicate in the “Province” field and in the printed “Conditions” that it is only valid for work performed in the province of Alberta and in one of the approved occupations under this pilot project.

It should also be noted in “Remarks/Notes” that “this WP application is in relation to the Province of Alberta Occupation-Specific Pilot Project ” to assist in statistical research, evaluation and policy-development purposes.

Rationale
The pilot project will assess whether or not the issuance of an occupation-specific, but otherwise “open”, WP in a specific occupation allows for the successful mobility of a skilled TFW within a particular industrial sector.

A review and evaluation of this pilot project by the Province of Alberta will begin in 2013.

Contact
For more information about this pilot project, consult the Factsheet on the Alberta Enterprise and Advanced Education website.

Date Modified: 2014-12-11