I have a total score of 457 points. Applied for expree entry PR visa (NOT APPLIED For Provincial Entry), I hold a degree of postgraduation in pharmacy and have total experience of 6 years 6 months in a MNC.. meeting all financial requirements. But now, after waiting for 8.5 months, I received the below letter-
Kindly suggest.. what can I do now? Plsssss help..
I have now completed the assessment of your application for a permanent resident visa
as a provincial nominee. If you are nominated under a province or territory’s Express
Entry stream, you must meet the requirements for provincial nomination, and you must
also meet the minimum criteria for Express Entry which includes meeting the
requirements of at least one of the immigration programs it covers: that is, Federal
Skilled Worker Program, Federal Skilled Trades Program, or Canadian Experience
Class.
At the time you were invited to apply, it was determined that you did not meet the
minimum entry criteria for either the Canadian Experience Class or the Federal Skilled
Trades Program. Upon further review of the information and documentation you
submitted as evidence of work experience, I have determined that you do not appear to
meet Federal Skilled Worker (FSW) program minimum requirements as per R75(2).
Subsection 75(2) of the Immigration and Refugee Protection Regulations (IRPR) states
that a foreign national is a skilled worker if:
a) within the ten years preceding the date of their application for a
permanent resident visa, they have accumulated at least one year of
continuous full-time (30 hours/week) work experience, as described in
subsection 73(1), or the equivalent in continuous part-time work, in the
occupation identified in their application as their primary occupation, other
than a restricted occupation, that is listed in Skill Type 0 Management
Occupations or Skill Levels A or B of the National Occupational
Classification matrix;
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;
d) they submitted the results of a designated English or French language
test, which is less than two years old on the date of application, indicating
that they have met or exceeded the applicable language proficiency
threshold set by the Minister for each of the four language skill areas; and
e) they submitted their completed Canadian educational credential or their
completed foreign educational credential and the equivalency assessment
from a designated organization or institution that is less than five years
old on the date of 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 Immigration Refugee Protection Act:
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 Immigration Refugee Protection 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.
Since you have paid refundable Right of Permanent Residence Fee, refund of the fee(s)
is being initiated and will be forwarded to you within 8 -12 weeks. It will be sent to you
at the same address as was used for this letter. In the interim, if your mailing address
changes, or if you wish the refund sent to a different address other than the one to
which this letter was sent, please immediately inform us in writing of that new address.
Sincerely,
Migration Officer
Kindly suggest.. what can I do now? Plsssss help..
I have now completed the assessment of your application for a permanent resident visa
as a provincial nominee. If you are nominated under a province or territory’s Express
Entry stream, you must meet the requirements for provincial nomination, and you must
also meet the minimum criteria for Express Entry which includes meeting the
requirements of at least one of the immigration programs it covers: that is, Federal
Skilled Worker Program, Federal Skilled Trades Program, or Canadian Experience
Class.
At the time you were invited to apply, it was determined that you did not meet the
minimum entry criteria for either the Canadian Experience Class or the Federal Skilled
Trades Program. Upon further review of the information and documentation you
submitted as evidence of work experience, I have determined that you do not appear to
meet Federal Skilled Worker (FSW) program minimum requirements as per R75(2).
Subsection 75(2) of the Immigration and Refugee Protection Regulations (IRPR) states
that a foreign national is a skilled worker if:
a) within the ten years preceding the date of their application for a
permanent resident visa, they have accumulated at least one year of
continuous full-time (30 hours/week) work experience, as described in
subsection 73(1), or the equivalent in continuous part-time work, in the
occupation identified in their application as their primary occupation, other
than a restricted occupation, that is listed in Skill Type 0 Management
Occupations or Skill Levels A or B of the National Occupational
Classification matrix;
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;
d) they submitted the results of a designated English or French language
test, which is less than two years old on the date of application, indicating
that they have met or exceeded the applicable language proficiency
threshold set by the Minister for each of the four language skill areas; and
e) they submitted their completed Canadian educational credential or their
completed foreign educational credential and the equivalency assessment
from a designated organization or institution that is less than five years
old on the date of 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 Immigration Refugee Protection Act:
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 Immigration Refugee Protection 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.
Since you have paid refundable Right of Permanent Residence Fee, refund of the fee(s)
is being initiated and will be forwarded to you within 8 -12 weeks. It will be sent to you
at the same address as was used for this letter. In the interim, if your mailing address
changes, or if you wish the refund sent to a different address other than the one to
which this letter was sent, please immediately inform us in writing of that new address.
Sincerely,
Migration Officer
