Dear all,
I got this message from CIC that my application is rejected and now don't know how to proceed.
Any help will really be appreciated.
I have now completed the assessment of your application for a permanent resident visa as a provincial nominee. 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 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).
Subsection 75(2) of the Immigration and Refugee Protection Regulations (IRPR) states that a foreign national is a skilled worker if:
a) within the ten years preceding the date of their application for a permanent resident visa, they have accumulated at least one year of continuous full-time (30 hours/week) work experience, as described in subsection 73(1), or the equivalent in continuous part-time work, in the occupation identified in their application as their primary occupation, other than a restricted occupation, that is listed in Skill Type 0 Management Occupations or Skill Levels A or B of the National Occupational Classification matrix;
b) during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification;
c) during that period of employment they performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties;
d) they submitted the results of a designated English or French language test, which is less than two years old on the date of application, indicating that they have met or exceeded the applicable language proficiency threshold set by the Minister for each of the four language skill areas; and
e) they submitted their completed Canadian educational credential or their completed foreign
educational credential and the equivalency assessment from a designated organization or
institution that is less than five years old on the date of application.
I am not satisfied that you meet the requirement under paragraph a) because you have not
submitted sufficient evidence to satisfy me that you have at least one year of continuous fulltime
paid work experience, or the equivalent in continuous paid part-time work experience, in
the primary occupation identified in your application. Subsection 75(3) of the IRPR states that if
a foreign national fails to meet these requirements, the application shall be refused and no
further assessment is required. I am not satisfied that you meet these requirements.
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 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. Subsection 2(2) specifies that unless otherwise indicated, references in the Act to “this
Act” include regulations made under it.
In addition, according to section 11.2 of the IRPA:
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 IRPA 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.
As I have found that you no longer meet the minimum criteria to be eligible to be invited to apply
set out in an instruction given under 10.3(1)(e), you no longer meet the requirements of Section
11.2 of the Act. I am therefore refusing your application.
I got this message from CIC that my application is rejected and now don't know how to proceed.
Any help will really be appreciated.
I have now completed the assessment of your application for a permanent resident visa as a provincial nominee. 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 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).
Subsection 75(2) of the Immigration and Refugee Protection Regulations (IRPR) states that a foreign national is a skilled worker if:
a) within the ten years preceding the date of their application for a permanent resident visa, they have accumulated at least one year of continuous full-time (30 hours/week) work experience, as described in subsection 73(1), or the equivalent in continuous part-time work, in the occupation identified in their application as their primary occupation, other than a restricted occupation, that is listed in Skill Type 0 Management Occupations or Skill Levels A or B of the National Occupational Classification matrix;
b) during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification;
c) during that period of employment they performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties;
d) they submitted the results of a designated English or French language test, which is less than two years old on the date of application, indicating that they have met or exceeded the applicable language proficiency threshold set by the Minister for each of the four language skill areas; and
e) they submitted their completed Canadian educational credential or their completed foreign
educational credential and the equivalency assessment from a designated organization or
institution that is less than five years old on the date of application.
I am not satisfied that you meet the requirement under paragraph a) because you have not
submitted sufficient evidence to satisfy me that you have at least one year of continuous fulltime
paid work experience, or the equivalent in continuous paid part-time work experience, in
the primary occupation identified in your application. Subsection 75(3) of the IRPR states that if
a foreign national fails to meet these requirements, the application shall be refused and no
further assessment is required. I am not satisfied that you meet these requirements.
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 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. Subsection 2(2) specifies that unless otherwise indicated, references in the Act to “this
Act” include regulations made under it.
In addition, according to section 11.2 of the IRPA:
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 IRPA 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.
As I have found that you no longer meet the minimum criteria to be eligible to be invited to apply
set out in an instruction given under 10.3(1)(e), you no longer meet the requirements of Section
11.2 of the Act. I am therefore refusing your application.
