Was refused for PR need clarification for the provided reason.

[Alexno]

Hello folks! After a long wait the decision arrived and unfortunately it was a negative one
The refusal was detailed as follows:

I have now completed the assessment of your application for permanent residence as a member of the
Federal Skilled Worker class, and have determined that you do not meet the requirements for immigration to Canada in this class.

Pursuant to section 76(1)(b)(i) and (ii) of the Immigration and Refugee Protection Regulations (IRPR),
applicants in the Federal Skilled Worker class must meet the following requirements in order to become
a member of the Federal Skilled Worker class:

76 (1) For the purpose of determining whether a skilled worker, as a member of the federal skilled worker class, will be able to become economically established in Canada, they must be assessed on the basis of the following criteria:

(…)
(b) the skilled worker must
(i) 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 worker and their family members, or
(ii) be awarded points under paragraph 82(2)(a), (b) or (d) for arranged employment, as defined in subsection 82(1), in Canada.
​

I am not satisfied that you meet the financial requirement. For your family size of 2 persons, the minimum funds requirement currently is 15 531 $ (see http://www.cic.gc.ca/english/immigrate/skilled/funds.asp).
You do not have presented evidence of sufficient funds available that meet the above requirements.​

Fine, this seems straightforward enough, I thought that by having a full-time employment would exempt me from having the sufficient funds in my bank - it can be easily fixed...

I am not satisfied that you have an arranged employment as defined in subsection 82(1) of the IRPR.​

Definition of arranged employment
82 (1) In this section, arranged employment means an offer of employment that is made by a single employer other than an embassy, high commission or consulate in Canada or an employer who is referred to in any of subparagraphs 200(3)(h)(i) to (iii), that is for continuous full-time work in Canada having a duration of at least one year after the date on which a permanent resident visa is issued, and that is in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix.

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 shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meetsthe requirements of this Act. Subsection 2(2) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.

Following an examination of your application, I am not satisfied that you meet the requirements of the Act and the regulations for the reasons explained above. I am therefore refusing your application.

Thank you for the interest you have shown in Canada.
Regards,​

This part I'm finding a bit hard to follow, I am currently on a PGWP that's valid until 2020 and I work full-time for a non-limited full-time position here in Canada since Oct 17 (got hired with a co-op WP that was due to expire on Jul 30th after finishing my MBA). However, the PGWP got approved on March 23 and my PR AOR was Feb 2018 so the new PGWP was not attached to the PR app.

Could it be the reason for the problem with my arranged employment? As the original visa was due to expire on Jul 30?

Plus, a bit unrelated, but when reapplying do I need to pull new police docs from my home country assuming I have lived in Canada since summer of 2016? and how long are my medical exams and IELTS scores good for?

 

[Vitesze]

You are only exempt for meeting the minimum funds requirement if you have a valid job offer (and are authorized to work in Canada; not applicable in this case). A PGWP (even if you already have employment) is not a valid job offer, unless you also have an LMIA for it. Looks to me like they expected you to have enough funds, but you didn't show proof of having a sufficient amount.

The only way your current employment would be acknowledged as a valid job offer is if (a) you obtain an LMIA (b) obtain a closed-work permit that is exempt from an LMIA.

 

[Alexno]

I am already employed since OCT 2017 do I need to still have LMIA for it even if my employment was a requirement of my studies?

Co-op students

• Where a work placement or internship is part of the field of study, the foreign student does not need to obtain a labor market opinion.

Here's the exemption code:

​

Regardless, I will provide the funding proof they require, I'm just not clear on the 2nd section of the explanation letter.

 

[Vitesze]

I am already employed since OCT 2017 do I need to still have LMIA for it even if my employment was a requirement of my studies?

Co-op students

• Where a work placement or internship is part of the field of study, the foreign student does not need to obtain a labor market opinion.

As far as immigration under the Express Entry program is concerned, yes. It's very clear:

(a) A job offer is only valid if it is accompanied by an LMIA
(b) the only exception to this is if you have been working for your employer for at least 1 year in the same NOC-position, and are currently on a closed-work permit that is exempt from an LMIA. The job offer must also be for the same NOC-position.

a PGWP is an open-work permit, so it does not qualify. Your options are:
(a) Gather sufficient funds
(b) Obtain an LMIA
(c) Obtain a closed-work permit exempt from an LMIA, such as IEC - Young Professionals.

 

[Mesh2003]

As far as immigration under the Express Entry program is concerned, yes. It's very clear:

(a) A valid job offer must be accompanied by an LMIA
(b) the only exception is if you have been working for your employer for at least 1 year in the same NOC-position, and are currently on a closed-work permit that is exempt from an LMIA. The job offer must also be for the same NOC-position.

a PGWP is an open-work permit, so it does not qualify.

Correct. Was about responding to him. He has an open WP.

 

[Mesh2003]

I am already employed since OCT 2017 do I need to still have LMIA for it even if my employment was a requirement of my studies?

Co-op students

• Where a work placement or internship is part of the field of study, the foreign student does not need to obtain a labor market opinion.

Here's the exemption code:

​

Regardless, I will provide the funding proof they require, I'm just not clear on the 2nd section of the explanation letter.

You have an option of waiting till October 2018 and then apply under CEC. You wont need to provide proof of funds.

 

[Mesh2003]

This is untrue. Even CEC applicants need to show Proof of Funds, unless they have a valid job offer.

Please do your research very well. CEC applicants do not need to show proof of funds for any reason. I am CEC inland

 

[Alexno]

You have an option of waiting till October 2018 and then apply under CEC. You wont need to provide proof of funds.

I am considering this option. I am less concerned about the proof of funds but about the LMIA application it seems a complex process in itself. How long does it usually take to receive the result after my employer had applied for the LMIA?

Do I need an LMIA for CEC?

Thanks for your help btw

 

[OriginalCraker]

This is untrue. Even CEC applicants need to show Proof of Funds, unless they have a valid job offer.

This is not true, as a matter of fact CEC applicants are exempt from POF, in any scenario

 

[Mesh2003]

I am considering this option. I am less concerned about the proof of funds but about the LMIA application it seems a complex process in itself. How long does it usually take to receive the result after my employer had applied for the LMIA?

Thanks for your help btw

You don't need LMIA if you have an open WP and complete one year work experience in NOC 0, A or B

 

[Elenyan]

Hi! I'm so sorry to hear that! Could you please tell me how long it took them to refuse your app?

 

[Vitesze]

Here's the exemption code:

​

Regardless, I will provide the funding proof they require, I'm just not clear on the 2nd section of the explanation letter.

I didn't see this link before, so I'll respond to it now:

The LMIA-exemption code here means that you don't need to obtain an LMIA to obtain this work permit and start working for an employer. However, not every LMIA-exempt work permit qualifies as a valid job offer for the Express Entry category. You can consult this page, which lists the only reason you can have a valid job offer without an LMIA. It's confusing, but here is the main part that applies to the PGWP:

For Express Entry, your employer doesn’t need an LMIA if you:

1. have been working full-time for the employer on your work permit for at least one year (or an equal amount of part-time work)

The PGWP is an open-work permit, hence your work permit does not list your employer. For that reason, only closed-work permits are eligible to meet this first criteria.

EDIT: While it doesn't affect the Proof of Funds requirement (which is not applicable for CEC applicants) an LMIA is still needed to receive additional points.

 

[Mesh2003]

Hello folks! After a long wait the decision arrived and unfortunately it was a negative one
The refusal was detailed as follows:

I have now completed the assessment of your application for permanent residence as a member of the
Federal Skilled Worker class, and have determined that you do not meet the requirements for immigration to Canada in this class.

Pursuant to section 76(1)(b)(i) and (ii) of the Immigration and Refugee Protection Regulations (IRPR),
applicants in the Federal Skilled Worker class must meet the following requirements in order to become
a member of the Federal Skilled Worker class:

76 (1) For the purpose of determining whether a skilled worker, as a member of the federal skilled worker class, will be able to become economically established in Canada, they must be assessed on the basis of the following criteria:

(…)
(b) the skilled worker must
(i) 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 worker and their family members, or
(ii) be awarded points under paragraph 82(2)(a), (b) or (d) for arranged employment, as defined in subsection 82(1), in Canada.
​

I am not satisfied that you meet the financial requirement. For your family size of 2 persons, the minimum funds requirement currently is 15 531 $ (see http://www.cic.gc.ca/english/immigrate/skilled/funds.asp).
You do not have presented evidence of sufficient funds available that meet the above requirements.​

Fine, this seems straightforward enough, I thought that by having a full-time employment would exempt me from having the sufficient funds in my bank - it can be easily fixed...

I am not satisfied that you have an arranged employment as defined in subsection 82(1) of the IRPR.​

Definition of arranged employment
82 (1) In this section, arranged employment means an offer of employment that is made by a single employer other than an embassy, high commission or consulate in Canada or an employer who is referred to in any of subparagraphs 200(3)(h)(i) to (iii), that is for continuous full-time work in Canada having a duration of at least one year after the date on which a permanent resident visa is issued, and that is in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix.

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 shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meetsthe requirements of this Act. Subsection 2(2) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.

Following an examination of your application, I am not satisfied that you meet the requirements of the Act and the regulations for the reasons explained above. I am therefore refusing your application.

Thank you for the interest you have shown in Canada.
Regards,​

This part I'm finding a bit hard to follow, I am currently on a PGWP that's valid until 2020 and I work full-time for a non-limited full-time position here in Canada since Oct 17 (got hired with a co-op WP that was due to expire on Jul 30th after finishing my MBA). However, the PGWP got approved on March 23 and my PR AOR was Feb 2018 so the new PGWP was not attached to the PR app.

Could it be the reason for the problem with my arranged employment? As the original visa was due to expire on Jul 30?

Plus, a bit unrelated, but when reapplying do I need to pull new police docs from my home country assuming I have lived in Canada since summer of 2016? and how long are my medical exams and IELTS scores good for?

Medicals is good for one year. IELTS is good for 2 years. Just wait till end of the year and apply. You will get it. You don't have an arranged employment cos you have PGWP.

 

[Vitesze]

Please do your research very well. CEC applicants do not need to show proof of funds for any reason. I am CEC inland

My mistake - you're correct. CEC applicants don't need Proof of Funds, my bad.

Still, a PGWP can't be used for a valid job offer for the sake of obtaining additional CRS points.

 

[Alexno]

One more question about the CEC as I am unfamiliar with it. How does it work for dependants? Does it require more than English proficiency & medicals from my wife for her to apply with me as a dependent?