Hi everyone.
Got my visa refusal today :-( :-( and here is my timeline:
ITA 12th Aug 2019
Application submission 2nd Sep 2019
Acknowledgement receipt 3rd Sep 2019
Medicals passed 20th Sep 2019
Refusal 8th Jan 2020
The major reason IRCC provided is that because I didn't provide the job responsibility letter directly from my employer. Whereas, the fact is I tried really hard to get the same from my employer on their letterhead but they simply refused to provide, so I submitted that HR refusal email with the notarized affidavits from my senior colleagues detailing my job duties, role, no of working hours, permanent job type, etc etc..basically all the info what an actual reference letter shall have..along with lots of supporting documents, for eg. my work permit documents (of same NOC code), my deputation agreement from home country to Canada, paystubs, T4, yearly appraisal letter and many more . But in the refusal letter, IRCC officer clearly mentioned that he only needs an employer letter :-(
There are few more points which they mentioned, below are the contents of the refusal letter. Please could anybody advise what shall be my next course of action, I am really stressed.
I have now completed the assessment of your application for a permanent resident visa as a member of the Canadian Experience Class and have determined that you do not meet the requirements for immigration to Canada.
According to the Immigration and Refugee Protection Regulations, applicants in the Canadian Experience Class are assessed on the basis of the pass/fail requirements set out in subsection R87.1(2). The assessment of these criteria determines whether a worker with Canadian experience will be able to become economically established in Canada. The criteria are:
temporary resident status during the qualifying period of work experience in Canada,
meeting the minimum language proficiency threshold in either English or French, and
qualifying Canadian skilled work experience.
Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada:
2018-06 to 2019-09 - Functional Consultant (NOC: 2171) - at XYZ Corporation
I am not satisfied that you meet the skilled work experience requirement because NO letter of employment was provided by you from XYZ Corporation that includes any details regarding the duties associated with your position as, Functional Consultant (NOC: 2171). You did submit refusal emails from XYZ Corporation dated 08/01/2019 “We are not providing the letter.” You did submit Notarized affidavits; however these type of documents are no accepted; only letters of employment from the employers.
As per instructions for applications for permanent residence programs subject to the Express Entry completeness check, it states:
“The following documents are mandatory for each work experience declared:
•a reference or experience letter from the employer, which ◦should be an official document printed on company letterhead (must include the applicant’s name, the company’s contact information [address, telephone number and email address], and the name, title and signature of the immediate supervisor or personnel officer at the company),
•should indicate all positions held while employed at the company and must include the following details: job title, duties and responsibilities, job status (if current job), dates worked for the company, number of work hours per week and annual salary plus benefits; and”
I am not satisfied that you have performed the actions described in the lead statement for the occupation(s) as set out in the occupational description of the NOC [R87.1(2)(b)]. As well, I am not satisfied that you have performed a substantial number of the main duties, including all the essential duties, of the occupation(s) as set out in the occupational description of the NOC [R87.1(2)(c)].
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 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.
In addition, according to the Immigration and Refugee Protection Act:
11.2 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 Act 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.
You will receive a refund of the Right of Permanent Residence Fee that you have paid.
The decision communicated in this letter constitutes the definitive and final decision on your present application. Your application will be retained, under current Government of Canada file retention guidelines, for a period of two years. Your application forms and supporting documents will not be returned to you. If you should submit a new application it would require new fees and documentation and would need to meet all the requirements in effect at the time the application is submitted.
You must remove your Job Seeker profile from the Job Bank website as you are no longer an Express Entry candidate. You must also remove any references that you are a candidate for Express Entry from any private job board websites, if you used any.
If you still want to come to Canada as a skilled immigrant, you may take steps to improve your competitiveness and register for Express Entry at a later date. For example, you may try to improve your language score or gain a higher level of education. However, you must meet the minimum requirements to enter the Express Entry pool and there is no guarantee that you will be issued another invitation to apply for permanent residence under one of the immigration programs subject to Express Entry.
Another point to mention here is that I already requested for GCMS notes more than a month ago, still waiting to receive. So shall I again request for the notes after the refusal, or shall I wait?
Looking for an immediate advise.
Thank you !
and nervous