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volkan00

Member
Jul 24, 2017
10
0
Hello,


I'm trying to assist my friend with some of her immigration documentation and better understand her current situation—specifically whether there’s still hope to move forward or if the case is now closed.


She completed her studies in Toronto and then moved to Nova Scotia, where she worked for over two years. Since she didn’t have enough points for permanent residency (PR), she applied through the Provincial Nominee Program (PNP). Unfortunately, the response took a long time, and by the time she received it, her work permit had already expired.


At that point, she assumed the best course of action was to return to her home country, as she was no longer authorized to work and couldn’t afford to remain in Canada without income.


The rejection letter seems to indicate that her application was refused due to missing documentation related to her current status. She believed that since she had already left Canada and no longer had legal status, there were no documents she could submit.


Is this understanding correct?


She still holds a valid visitor visa until 2030. I was wondering if it’s possible for her to clarify that she is now in her home country and state that she holds visitor status, rather than being seen as someone unlawfully present in Canada.


It also appears the letter assumes she is still in Canada. Would it be advisable for her to formally clarify that she is currently residing abroad?

Copy of letter:

The Immigration & Population Growth Branch (IPG) of the Department of Labour, Skills and Immigration is evaluating your application and notes that you have not provided documentation to prove your legal status in Canada, or the documentation you have provided does not prove you have legal status in Canada. If a foreign national in Canada has not maintained their status, they may be inadmissible under Canadian immigration law pursuant to the Immigration and Refugee Protection Act (IRPA) s. 41, 21(1), and/or 22(1), which affects eligibility for provincial nomination.


As legal status in your country of residence (Canada) is a requirement to maintain admissibility to Canada and eligibility under the NSNP, we are offering you the opportunity to provide additional documentation confirming that you currently hold valid legal status in Canada, in order to continue processing your application.


Unfortunately, if satisfactory proof of legal status is not received within 10 calendar days of your receipt of this letter, your application will be determined to not meet minimum eligibility criteria of the NSNP stream, and IPG will proceed to close this application without further notice.


If you are not able to demonstrate valid legal status, you must first take steps to restore your status in Canada before being eligible to apply to any immigration program. This may include applying for a visitor record or restoring their status as a worker.


If your situation changes and you choose to reapply to the NSNP, we welcome the opportunity to assess your new application against the program’s eligibility criteria in effect at that time.
 
Looks like "Skilled Worker"

" I am writing in reference to your application under the Nova Scotia Nominee Program (NSNP), Skilled Workers stream File #####."

I wonder why she chose that when I did we did express entry program.
 
Looks like "Skilled Worker"

" I am writing in reference to your application under the Nova Scotia Nominee Program (NSNP), Skilled Workers stream File #####."

I wonder why she chose that when I did we did express entry program.
So that is a job offer stream so does she still have a job offer? What does her employer say? You have to ask why she filed for that stream. Maybe not eligible for EE with NOC.
 
Hello,


I'm trying to assist my friend with some of her immigration documentation and better understand her current situation—specifically whether there’s still hope to move forward or if the case is now closed.


She completed her studies in Toronto and then moved to Nova Scotia, where she worked for over two years. Since she didn’t have enough points for permanent residency (PR), she applied through the Provincial Nominee Program (PNP). Unfortunately, the response took a long time, and by the time she received it, her work permit had already expired.


At that point, she assumed the best course of action was to return to her home country, as she was no longer authorized to work and couldn’t afford to remain in Canada without income.


The rejection letter seems to indicate that her application was refused due to missing documentation related to her current status. She believed that since she had already left Canada and no longer had legal status, there were no documents she could submit.


Is this understanding correct?


She still holds a valid visitor visa until 2030. I was wondering if it’s possible for her to clarify that she is now in her home country and state that she holds visitor status, rather than being seen as someone unlawfully present in Canada.


It also appears the letter assumes she is still in Canada. Would it be advisable for her to formally clarify that she is currently residing abroad?

Copy of letter:

The Immigration & Population Growth Branch (IPG) of the Department of Labour, Skills and Immigration is evaluating your application and notes that you have not provided documentation to prove your legal status in Canada, or the documentation you have provided does not prove you have legal status in Canada. If a foreign national in Canada has not maintained their status, they may be inadmissible under Canadian immigration law pursuant to the Immigration and Refugee Protection Act (IRPA) s. 41, 21(1), and/or 22(1), which affects eligibility for provincial nomination.


As legal status in your country of residence (Canada) is a requirement to maintain admissibility to Canada and eligibility under the NSNP, we are offering you the opportunity to provide additional documentation confirming that you currently hold valid legal status in Canada, in order to continue processing your application.


Unfortunately, if satisfactory proof of legal status is not received within 10 calendar days of your receipt of this letter, your application will be determined to not meet minimum eligibility criteria of the NSNP stream, and IPG will proceed to close this application without further notice.


If you are not able to demonstrate valid legal status, you must first take steps to restore your status in Canada before being eligible to apply to any immigration program. This may include applying for a visitor record or restoring their status as a worker.


If your situation changes and you choose to reapply to the NSNP, we welcome the opportunity to assess your new application against the program’s eligibility criteria in effect at that time.

Did she update her address when she left?
 
So she just left. What did her employer think of that...just leaving Canada.
She gave her two weeks' notice when her work permit was about to expire, informing them that she would no longer be eligible to work. I don't believe they were interested in sponsoring her. The employer was already aware that her permit was expiring soon. I'm pretty sure she asked them a few times about sponsorship.

My understanding is that the Skilled Worker stream requires a letter from the employer confirming their intent to sponsor. Is it possible that she assumed she was eligible simply because she was already working there and applied under that stream? Or am I missing something? If that's the case, is there any chance she can switch to a different stream?
 
She gave her two weeks' notice when her work permit was about to expire, informing them that she would no longer be eligible to work. I don't believe they were interested in sponsoring her. The employer was already aware that her permit was expiring soon. I'm pretty sure she asked them a few times about sponsorship.

My understanding is that the Skilled Worker stream requires a letter from the employer confirming their intent to sponsor. Is it possible that she assumed she was eligible simply because she was already working there and applied under that stream? Or am I missing something? If that's the case, is there any chance she can switch to a different stream?
The stream is a job offers stream so the employer must fill out the form with a permanent full time job offer. if employer was never doing that then she applied for a stream she is not even eligible for. She can start over with another stream but what stream is she even eligible for as she is not in Canada and doesn't have a job offers.
 
I was hoping for Express Entry.
https://liveinnovascotia.com/nova-scotia-nominee-program#tab-9

As this doesn't require being employed or a valid permit. Maybe they missed something on the website.

If you think there are no options left, it's okay. I just wanted to ask someone who understands this stuff better before she completely moves on. Thanks for your help, we can close the thread.
So she enters the pool and starts over. She cannot just change streams. She was invited in one stream and it was refused. PNP quota are very low so her CRS score in her EE profile and NOC have to be selected. Tell her to read the application guide as don't know her full profile.
 
So she enters the pool and starts over. She cannot just change streams. She was invited in one stream and it was refused. PNP quota are very low so her CRS score in her EE profile and NOC have to be selected. Tell her to read the application guide as don't know her full profile.
Okay, thanks again for your help!