Discrepancy in GCMS (PoF Exemption) - FSWO with LMIA - Officers opinion differs on Proof of Fund Issue.
AFAIK LMIA (Out land) is fund exempt but some of information on CIC is vague or ambiguous. For example, http://www.cic.gc.ca/english/resources/tools/perm/express/refuse.asp
Settlement funds
Settlement funds are not included in the CRS. They do, however, relate to the program requirements of FSWC and FSTC and may, by extension, be included in the MEC for Express Entry.
Candidates applying under the FSWC or the FSTC are required to meet the settlement funds requirement, unless they are currently authorized to work in Canada and have a qualifying offer of arranged employment from an employer in Canada.
They used word AND - that means have to fulfill both conditions mentioned above. Because, as of now, we are not authorized to work in Canada based on positive LMIA (for FSW Out land) until we get our PR status. If it were OR - than it would be crystal clear that having arranged employment wont required PoF.
Actually my friend who is FSW (O) with LMIA has received GCMS with following notes.
PAGE 9
FUNDS
Number of Family Members: 2
Minimum Funds: Not Met
MST Funds Exempt: N
FSW Fund Exempt: N
LAST PAGE:
His R10 - OK, A11.2 - MET, 75(2) FSW Minimum Requirements - Appears Met, 76(1)(a) - Selection Criteria - FSW POINTS - Appears Met
NOTE: Failed Candidate - note that proof of funds appears not met (Job offer provided) - At CIO 15 July 2016 - updated by GM01154
{Whereas my GCMS has cleared R10, A11.2, 75(2) & 76(1)(a) - Passed Candidate and no notes about PoF.
Page 9 of my GCMS -
FUNDS
Number of Famlily Members: 2
Minimum Funds: Met
MST Funds Exempt: N
FSW Funds Exempt: N - Both Notes indicates FSW Funds Exempt: N - That is the reason I raised the query, however, my funds seems MET though I have not provided Proof of Fund. } {This is excerpt of my notes}
My friends notes updated on 19 July while transferring to NDVO -
PAGE 73:
APPLICATION:5
Field Name: Eligibility
Action: Updated
Old Value: Met
New Value: Not Started
Updated Date: 2016/07/19
Updated By: AW01174
Office: Centralized Intake Office
APPLICATION: 7
Field Name: Eligibility
Action: Updated
Old Valud: Review Required
New Value: Met
Updated Date: 2016/07/15
Updated By: GM01154
Office: Centralized Intake Office
So I can assume that his eligibility is cleared by same officer i.e. GM01154 and sent for review to NDVO.
What is your opinion whether he will face any problem due to Proof of Fund or It is not required as his eligibility is MET at CIO level.
Awaits your opinion.