Express entry Rejection : Basis of staying in quebec
- Thread starter hykukaan
- Start date
CEC requires you to plan to settle outside of Quebec. Are you currently living and working in Quebec?
What evidence did you provide in your application to prove this? You need strong evidence such as a firm job offer outside of Quebec or you need to show that you have already rented a place outside of Quebec and are in the process of moving. What did you provide?
I didnot provide an intention letter to move out of quebec expecting them to ask me in the process of evaluation. for that, I have arranged a lease and obtained a Ontario DL as well. But they havent asked me anything but simply rejected me. After discussing it with the IRCC, they gave me a solution to move out of quebec and apply again for which I'm ready.
My point is, if I apply again would there be another chance of rejection, provided all my documents are right?
I dont have enough work permit as well. So, seeing the current situation of COVID-19, I dont know when the ITA will be issued.
Would anyone suggest me an ideal step?
If you want to apply through CEC, then you should move out of Quebec first and then resubmit your profile.
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 subsection R87.1(1) which states “For the purposes of subsection 12(2) of the Act, the Canadian experience class is prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada, their experience in Canada, and their intention to reside in a province other than the Province of Quebec.”
Your application was assessed according to the information that you provided. After thorough review of all submissions, I am not satisfied that you meet Section 87.1(1) of the Regulations. For the purposes of subsection 12(2) of the Act, the Canadian experience class is prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada, their experience in Canada, and their intention to reside in a province other than the Province of Quebec. You have provided no documents to support your intention of leaving Quebec at the time of permanent residence.
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.
Thank you for the interest you have shown in Canada.
According to the Immigration and Refugee Protection Regulations, applicants in the Canadian Experience Class are assessed on the basis of subsection R87.1(1) which states “For the purposes of subsection 12(2) of the Act, the Canadian experience class is prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada, their experience in Canada, and their intention to reside in a province other than the Province of Quebec.”
Your application was assessed according to the information that you provided. After thorough review of all submissions, I am not satisfied that you meet Section 87.1(1) of the Regulations. For the purposes of subsection 12(2) of the Act, the Canadian experience class is prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada, their experience in Canada, and their intention to reside in a province other than the Province of Quebec. You have provided no documents to support your intention of leaving Quebec at the time of permanent residence.
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.
Thank you for the interest you have shown in Canada.
This is the reply which I got from the officer and Can anyone analyze the sections mentioned in it and let me know.
Also if it just because I'm residing in quebec, which R87.1(1) states, I'm ready to move.
My concern is if there would be anything for the rejection, other than the quebec.
Also if it just because I'm residing in quebec, which R87.1(1) states, I'm ready to move.
My concern is if there would be anything for the rejection, other than the quebec.
Hi, how long it took for you to get rejection after AOR? Ideally, you should have submitted the Ontario lease while submitting your application or after the submission through the webform. If your files are according to the requirement and if you move from Quebec, there should not be any problem. You have to move before the expiry date of the work permit and apply for a bridgework permit. That will keep your status legal in Canada. You can work for any employer once you get your bridgework permit.
It took 5 months for them to reject my profile. I expected a procedural fairness letter and for which I have made all the proofs. But instead I got this rejection.
1) Does anyone tell me what is the basic reason for which I got rejected? The law sections in the letter?
2) Are there any ones who got rejected on the basis of quebec? (R87.1(1))
3) Should I submit any extra documents while filing my second permanent residence application?
Regards
1) Does anyone tell me what is the basic reason for which I got rejected? The law sections in the letter?
2) Are there any ones who got rejected on the basis of quebec? (R87.1(1))
3) Should I submit any extra documents while filing my second permanent residence application?
Regards
It was a mistake to think that IRCC would just request more info or issue you a PFL.
1. As already indicated, the refusal was because you live in Quebec and provided zero proof that you were going to reside outside of Quebec upon approval.
2. Yes, many people have been refused for this.
3. You need to prove that you will be living outside of Quebec.
My application was rejected based on Québec residency. However I received a PFL before the rejection. You can ask for a reconsideration to the officer by submitting the proof you have now. You may have to explain why you did not submit it before. VO don’t have any obligation to grant you the request but worth trying. Some have succeeded.
You may also write a letter of explanation which explains the reason for previous rejection, if you plan to apply again. That is what IRCC agent advised me.
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@FoodGatherer @canuck_in_uk @scylla and any experts
1) Would they mention all the rejection criteria at once when they reject the application? I mean is this the only and final rejection criteria? (This is because, I'm worried that if I apply for the second time by myself, with all the supporting documents, and moving out of quebec, if they comeup with someother point for rejection, my time and effort would be in vain.
((however, when I called IRCC and asked why I got rejected, they were only saying that I got rejected on the basis of quebec residence and nothing much.))
2) How should I write a letter of explanation? What did you write? Can you brief it please? @FoodGatherer
1. Not necessarily. There could still be other reasons. However, if you meet the requirements and submit the proper documents this time, you should be fine.
1. I wouldn't bother including an LOE. The VO will be able to see why you were refused.
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