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Note: Any documents received and added to the file prior to the date of the letter, regardless of whether
or not the 120 days have elapsed, must be considered. Visa offices cannot refuse to consider
submissions made after 120 days, if the letters in either Appendix D or E have not been sent. It is
therefore important to produce the BF reports, make the final determination of eligibility and send the
letters promptly.
I think this is enough, so please do not wait for 2nd AOR.
Format of Appendex D and E letters are:
Appendix D – Negative final determination of eligibility for processing -
Ministerial Instructions – sample letter
INSERT LETTERHEAD
Our Ref.:
INSERT ADDRESS
Dear :
This refers to your application for permanent residence in Canada as a Federal Skilled Worker. I
have now completed the assessment of your application and have determined that you are not
eligible for processing in this category for the following reason(s).
The Minister of Citizenship and Immigration issued instructions which were published in the
Canada Gazette on [insert applicable date here – i.e. November 28, 2008, or June 26, 2010].
Only applicants who meet the criteria specified in these Ministerial Instructions are eligible to be
processed in the Federal Skilled Worker class.
IF GLOBAL CAP OR NOC SUB-CAP IS REACHED:
A maximum of 20,000 complete Federal Skilled Worker (FSW) applications, without an offer of
arranged employment, or a maximum of 1,000 complete FSW applications per National
Occupation Classification (NOC) code will be considered for processing each year. Your
application was received after this cap was reached.
IF APPLYING UNDER AEO:
Although you have indicated that you have an Arranged Employment Offer, CHOOSE you have
not provided proof of your Arranged Employment Offer OR your Arranged Employment Offer is
not valid OR OTHER REASONS.
IF APPLYING AS STUDENT OR TFW IN CANADA (BEFORE JUNE 26, 2010):
Although you have indicated that you are a student OR temporary foreign worker, CHOOSE you
have not provided proof of your legal status in Canada OR you have not been legally residing in
Canada at least one year OR you are no longer residing in Canada OR OTHER REASONS.
IF APPLYING UNDER OCCUPATION LIST:
We have assessed your declared occupations against the list of occupations identified by the
Minister of Citizenship and Immigration and published in the Canada Gazette on [insert applicable
date here – i.e. November 28, 2008, or June 26, 2010]. Your occupation(s) do(es) not correspond
to any of the eligible occupations.
OR
You have indicated that you have work experience in (an) occupation(s) with the following NOC
(National Occupational Classification) code(s): LIST NOC CODES AND OCCUPATION TITLES.
Although the NOC code(s) correspond(s) to the occupations specified in the Instructions, you
have not provided sufficient evidence that you performed the actions described in the lead
statement for the occupation, as set out in the occupational descriptions of the NOC OR that you
performed all of the essential duties and a substantial number of the main duties, as set out in the
occupational descriptions of the NOC. As such, I am not satisfied that you are a OCCUPATION
TITLE and NOC CODE.
OR
You have indicated that you have work experience in (an) occupation(s) with the following NOC
code(s): LIST NOC CODES AND OCCUPATION TITLES. Although the NOC code(s)
correspond(s) to the occupations specified in the Instructions, you do not have a minimum of one
year of continuous full-time, or equivalent part-time, paid work experience in the occupation(s) in
the last ten years.
FOR ALL:
Since you did not provide evidence that you CHOOSE APPROPRIATE have an Arranged
Employment Offer AND/OR are a Temporary Foreign Worker or an International Student AND/OR
have work experience in the listed occupations, you do not meet the requirements of the
Ministerial Instructions and your application is not eligible for processing.
Subsections 87.3(2)-(3) are the pertinent sections of the Immigration and Refugee Protection Act:
The processing of applications and requests is to be conducted in a manner that, in the
opinion of the Minister, will best support the attainment of the immigration goals
established by the Government of Canada.
...the Minister may give instructions with respect to the processing of applications and
requests, including instructions
(a) establishing categories of applications or requests to which the instructions apply;
(b) establishing an order, by category or otherwise, for the processing of applications or
requests;
(c) setting the number of applications or requests, by category or otherwise, to be
processed in any year; and
(d) providing for the disposition of applications and requests, including those made
subsequent to the first application or request.
IF APPLICATION CONTAINS H & C REQUEST:
You had also requested that your application be considered on humanitarian and compassionate
grounds. However, requests made on the basis of humanitarian and compassionate grounds
accompanying a Federal Skilled Worker application cannot be processed unless the application is
otherwise eligible for processing under the Ministerial Instructions.
Any original documents you submitted with your application are being returned to you.
IF ONLY PROCESSING FEE WAS SUBMITTED:
The processing fee that you have paid is refundable. You will receive a cheque within four to six
weeks.
IF PROCESSING FEE AND RPRF WAS SUBMITTED:
The processing fee and the Right of Permanent Residence Fee that you paid are refundable. You
will receive a cheque within four to six weeks.
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
http://www.cic.gc.ca/english/immigrate/index.asp.
Thank you for your interest in Canada.
Immigration Section
cc: fee_____
Appendix E – Negative final determination of eligibility for processing -
incomplete application – Sample letter for applications received on or after
February 27, 2008, and before June 26, 2010
Centralized Intake Office file number:
Dear Madam/Sir,
This refers to your application for permanent residence in Canada in the Federal Skilled Worker
Class.
The Centralized Intake Office (CIO) in Sydney, Nova Scotia, informed you on DATE that you had
120 days from that date to submit a complete application, with all required forms and supporting
documents, to our office. You were also informed that if you did not do so within the 120-day
deadline, we would complete the eligibility determination on the basis of the information on file.
To date, you have not provided a complete application with all required forms and supporting
documents. I have determined your eligibility on the basis of the information on file. I am not
satisfied there is sufficient evidence you are eligible according to the Ministerial Instructions, to
have your application placed into processing. This negative determination of eligibility for
processing is final and your file has been closed.
The application fee you paid is refundable. The CIO has been notified and you will receive a
cheque from Canada within 8 - 12 weeks.
If you are interested in immigrating to Canada in the federal skilled worker class in the future, a
new application for permanent residence should be sent to the CIO along with a new application
fee. Your application will be assessed against the requirements in effect at that time.
Thank you for your interest in Canada.
Immigration Section
Visa Office
[Include complete address of office, including fax number]
email
website
Immigration Forum
