They sent you a letter in May 2011 ?? But you said they sent letter in Feb ?? I would say just send then an email and let them know that you didn't receive any letter as per ecas. You should have done that before itself, else it will delay your processing time. Probably they might need additional documents on your PR case.
READ THIS AND ADVISE ME ALLMEMBERS
This regards your application for a permanent resident visa as a member of the Federal Skilled
Worker class. The assessment of your application is now complete and based on the information
submitted, you do not meet the requirements for immigration to Canada in this class.
Subsection 12(2) of the Immigration and Refugee Protection Act (IRPA) states that a foreign
national may be selected as a member of the economic class on the basis of their ability to become
economically established in Canada. Subsection 75(1) of the IRPA Regulations prescribes the Federal
Skilled Worker class as a class of persons who are skilled workers and who may become permanent
residents on the basis of their ability to become economically established in Canada.
Pursuant to the Immigrant and Refugee Protection Regulations, 2002, skilled worker applicants
are assessed on the basis of the requirements set out in subsection 75(2) and the criteria set out in
subsection 76(1). The assessment of these requirements determines whether a skilled worker will be able
to become economically established in Canada. The criteria are age, education, knowledge of Canada's
official languages, experience, arranged employment and adaptability.
Your application was assessed based on the occupations in which you requested assessment:
1122-Professional occupations in business management consulting and 0631-Restaurant and Food
Service Managers. The table below sets out the points assessed for each of the selection criteria:
POINTS
ASSESSED
MAXIMUM
POSSIBLE
AGE 10 10
EDUCATION 20 25
FIRST OFFICIAL LANGUAGE PROFICIENCY 6 16
SECOND OFFICIAL LANGUAGE PROFICIENCY 0 8
EXPERIENCE 21 21
ARRANGED EMPLOYMENT 0 10
ADAPTABILITY 9 10
TOTAL 66 100
Please note that you were awarded the highest possible units of assessment under the IRPA
Regulations, based on the information that you have submitted. Had you met the current passmark, the
information you have provided would have been subject to further verification. You have not obtained
sufficient points to demonstrate, pursuant to Subsection 75(1) of the IRPA Regulations, your ability to
become economically established in Canada, the minimum requirement currently being 67 points.
Subsection 76(3) of the IRPA Regulations permits an officer to substitute their evaluation of the
likelihood to become economically established in Canada if the number of points awarded are not a
sufficient indicator of whether the skilled worker may become economically established in Canada.
Subsection 76(4) states that such an evaluation requires the concurrence of a second officer. Your case
was considered under this section. Your application however did not contain satisfactory evidence to
support the use of substitution of evaluation. As a result, your application was not forwarded to the
program manager for consideration.
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 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.
Following an examination of your application, you do not meet the requirements of the Act and
the Regulations for the reasons explained above. Your application has therefore been refused.
There are many ways to immigrate to Canada. Although you have not satisfied the requirements
to apply under the Federal Skilled Worker class, you may qualify under another category. To learn more
about your options, visit
www.cic.gc.ca/english/immigrate/index.asp.
Yours sincerely,
_______________________
Designated Immigration Officer
Immigration Forum
