Hello everyone,
I'm on the forum looking for some answers on behalf of my brother . After months of waiting, he finally got an update on his application and unfortunately, it was denied. Below are the 2 reasons provided for the denial.
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.
I am not satisfied that you meet the requirements under paragraphs b) and c) because you have not submitted sufficient evidence to satisfy me that you have performed the actions described in the lead statement for the occupation identified in your application. Further, you have not submitted sufficient evidence to satisfy me that you have performed a substantial number of the main duties for the 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.
By my understanding, this is strictly because of his NOC code and the proof of employment/experience not quite matching up, is that correct? If so, at this stage, what exactly are his options? What should we do from this point on? Can we appeal it? Would it worth the time and effort? Or should he just start over and go back in the pool?
With that said, is there a certain amount of time that he'll have to wait before he can apply again? Because it says in the refusal letter that his file will be kept for 2 years.
Since I'm already in Canada, he's reaching out to me for answers but I've never had to deal with this so I'm not sure what to tell him. Any feedback would be greatly appreciated.
Please advise.
Thank you
I'm on the forum looking for some answers on behalf of my brother . After months of waiting, he finally got an update on his application and unfortunately, it was denied. Below are the 2 reasons provided for the denial.
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.
I am not satisfied that you meet the requirements under paragraphs b) and c) because you have not submitted sufficient evidence to satisfy me that you have performed the actions described in the lead statement for the occupation identified in your application. Further, you have not submitted sufficient evidence to satisfy me that you have performed a substantial number of the main duties for the 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.
By my understanding, this is strictly because of his NOC code and the proof of employment/experience not quite matching up, is that correct? If so, at this stage, what exactly are his options? What should we do from this point on? Can we appeal it? Would it worth the time and effort? Or should he just start over and go back in the pool?
With that said, is there a certain amount of time that he'll have to wait before he can apply again? Because it says in the refusal letter that his file will be kept for 2 years.
Since I'm already in Canada, he's reaching out to me for answers but I've never had to deal with this so I'm not sure what to tell him. Any feedback would be greatly appreciated.
Please advise.
Thank you
