Dear SAMIR xxxxxx
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 period of work experience in Canada and any period of full time study or training,
meeting the minimum language proficiency threshold in either English or French, and
qualifying Canadian skilled work experience.
I have reviewed your application in its entirety, all supporting documents, and analysis. Your application was assessed based on the occupation which you identified as part of your skilled work experience in Canada: NOC 7292/NOC 7264 Glazier & Iron Worker from 2012-10-17 to 2014-02-06 with employer xxxxxxxx
I am not satisfied that you meet the skilled work experience requirement because I am not satisfied you acquired at least one year of authorized full-time work experience.
According to R87.1(2)(a) of the Immigration and Refugee Protection Regulations IRPR, applicants must have acquired in Canada, within the three years before the date on which their application for permanent residence is made, at least one year of full-time work experience, or the equivalent in part-time work experience, in one or more occupations that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix, exclusive of restricted occupations to be a member of the Canadian Experience Class.
Pursuant to IRPR R87.1(3)(b) any period of self-employment or unauthorized work shall not be included in calculating a period of work experience.
I note that you held a valid open Work Permit xxxxxxxx from 2012-09-19 to 2013-09-18.
I note that you declared to have begun work with employer xxxxxxxxx Ltd on 2012-10-17.
I note that on 2013-09-14 you acquired a valid Work Permit xxxxxxxx that authorized you to work for xxxxxxxxxxxx Ltd in NOC 7611 Skill Level D as an Installation Helper.
You were not authorized to work in any occupation other than stated for that particular Work Permit.
I note that on 2014-01-30 you received a valid Work Permit xxxxx for NOC 7441 Skill Level C valid to 2014-09-13 for Residential and commercial installers and servicers with employer xxxxxxx
You were not authorized to work in any occupation other than stated for that particular Work Permit.
I note you have declared to have performed work in NOC 7292/NOC 7264 Skill Level B from 2012-10-17 to 2014-02-06.
This work would have only been authorized from 2012-10-17 to 2013-09-13, the day before you acquired your Work Permit for NOC 7611 as an Installation Helper.
This totals approximately 47 weeks of work experience therefore, I am not satisfied you acquired at least one year of authorized full-time work experience, in one or more occupations that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix pursuant to R87.1(2)(a) of the Immigration and Refugee Protection Regulations IRPR.
Pursuant to IRPR R87.1(3)(b) any period of self-employment or unauthorized work shall not be included in calculating a period of work experience.
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 shall 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(1) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.
Following an examination of your application, I am not satisfied that you meet the requirements of the Act and Regulations for the reasons explained above. I am therefore refusing your application.
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.
Thank you for the interest you have shown in Canada.
Yours sincerely,
Case Officer TS6985
Case Processing Centre – Ottawa (CPC-O)|Centre de traitement des demandes – Ottawa (CTD-O)
Any advise is very welcome
