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PR APPLICATION REFUSED

jes_ON

VIP Member
Jun 22, 2009
12,092
1,420
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
But how can we know that the private post-secondary institution operates under the same rules and regulations as public institutions ???
This was already answered by Scylla and Lapta. Check the designated learning institutions list and see if the institution or program is PGWP-eligible.

You have to do your homework and be careful about selecting a school, esp. private schools.
 

Hassan89

Star Member
Sep 9, 2015
119
29
But I checked Greystone College ( The institution that the applicant attended and got rejected) and it it has DLI and PGWP eligible ?! Any thoughts ?
 

jes_ON

VIP Member
Jun 22, 2009
12,092
1,420
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
But I checked Greystone College ( The institution that the applicant attended and got rejected) and it it has DLI and PGWP eligible ?! Any thoughts ?
You did not read correctly. It is NOT PGWP eligible.
 

pewein

Newbie
Dec 12, 2019
2
0
If They refuse your application to come to Canada, you can apply again at any time, unless your decision letter says you can’t. You should only apply again if you can include information that you didn’t include before.If you had legal status and lost it (for example, if your work permit expired and you did not renew it in time), you have a small amount of time to re-apply. See your decision letter for details.
 

jhez2007

Star Member
Aug 9, 2019
120
41

flowryngl878

Member
Jan 6, 2017
12
0
Yes that’s the easy way, if it’s not qualified for PGWP then not qualified for PR, also you can ask your school if it’s operate under the same rule as public school, I also had 2 years college in Vancouver, I won’t be able to get point from it as it’s not qualified for PGWP, is this some sort of new rules maybe?
 

Ully Anne

Full Member
Jan 23, 2019
48
15
Hey Ully, you might want to take a look at this:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system.html?fbclid=IwAR03XjfgDCUlolhGO3v1Jgi-qoDFNBowmaKmj_xpHemYAPOyEjKvlN7RHOM


Level of education
11 (1) The points that are to be assigned for the level of education factor referred to in subparagraph 8(1)(a)(ii) are the following:


  • (a) for a foreign national who has no accompanying spouse or common-law partner
(i) 0 points, if the foreign national has less than a secondary school credential,
(ii) 30 points, if the foreign national has a secondary school credential,
(iii) 90 points, if the foreign national has a one-year post-secondary program credential,
(iv) 98 points, if the foreign national has a two-year post-secondary program credential,
(v) 120 points, if the foreign national has a post-secondary program credential of three years or more,
(vi) 128 points, if the foreign national has two or more post-secondary program credentials and at least one of them was issued at the completion of a post-secondary program of three years or more,
(vii) 135 points, if the foreign national has a university-level credential at the master’s level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill level A for which licensing by a provincial regulatory body is required, and
(viii) 150 points, if the foreign national has a university-level credential at the doctoral level; and
(b) for a foreign national who has an accompanying spouse or common-law partner(i) 0 points, if the foreign national has less than a secondary school credential,
(ii) 28 points, if the foreign national has a secondary school credential,
(iii) 84 points, if the foreign national has a one-year post-secondary program credential,
(iv) 91 points, if the foreign national has a two-year post-secondary program credential,
(v) 112 points, if the foreign national has a post-secondary program credential of three years or more,
(vi) 119 points, if the foreign national has two or more post-secondary program credentials and at least one of them was issued at the completion of a post-secondary program of three years or more,
(vii) 126 points, if the foreign national has a university-level credential at the master’s level or an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill level A for which licensing by a provincial regulatory body is require , and
(viii) 140 points, if the foreign national has a university-level credential at the doctoral level.

Highest level of education
(2) Points are to be assigned under subsection (1) for the highest level of education obtained.

Educational credentials
(3) In order for a foreign national to be assigned points under subsection (1),

(a) their educational credentials must be Canadian educational credentials; or
(b) they must have an educational credential equivalency assessment in respect of their foreign educational credentials issued by an organization or institution designated under subsection 75(4) of the Regulations.



This part is alright, but when you go down, it says:


Points for Canadian educational credential
30 (1) The points that may be assigned for Canadian educational credential factors are the following:

  • (a) 0 points, if the foreign national has a secondary school educational credential;
  • (b) 15 points, if the foreign national has an eligible credential from a one-year or two-year post-secondary program; and
  • c) 30 points, if the foreign national has
    • (i) an eligible credential from a post-secondary program of three years or more,
    • (ii) an eligible credential from a university-level program at the master’s level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill Level A for which licensing by a provincial regulatory body is required, or
    • (iii) an eligible credential from a university-level program at the doctoral level.
Highest level of education
(2) Points are to be assigned under subsection (1) only for the eligible credential corresponding to the highest level of education for which the foreign national meets the requirements of subsection (3).

Requirements
(3) Points are only assigned under subsection (1) if, for the purpose of obtaining the credential, the foreign national

  • (a) studied in Canada at a Canadian educational institution;
  • (b) was enrolled in full-time study or training for at least eight months; and
  • (c) was physically present in Canada for at least eight months.
Eligible credentials
(4) For the purpose of this section, an eligible credential is one of the following:

  • (a) a degree, diploma, certificate or trade or apprenticeship credential from a Canadian public post-secondary institution or from a Canadian private post-secondary institution that operated under the same rules and regulations as a Canadian public post-secondary institution;
  • (b) a diplôme d’études professionnelles (DEP) or an attestation de spécialisation professionnelle (ASP) earned through a program of study of at least 900 hours from a private secondary or post-secondary institution in Quebec; or
  • (c) a Bachelor’s, Master’s or doctoral degree from a Canadian private post-secondary institution, if a provincial statute authorizes that institution to confer that credential.
Exceptions
(5) For the purpose of this section, the following are not eligible credentials:

  • (a) credentials obtained in a study or training program in which the study of English or French as a second language amounted to more than half of the program;
  • (b) credentials obtained in a study or training program in which distance learning amounted to more than half of the program; or
  • (c) credentials obtained in a study or training program while receiving a scholarship or fellowship that stipulated that the recipient return to their home country to apply the knowledge and skills gained.



So from that, I could gather that IF when filling up your profile you answered "Yes"when asked if your diploma is:


- a private post-secondary institution that operates under the same rules and regulations as public institutions, or
- a private secondary or post-secondary institution (in Quebec) offering qualifying programs of 900 hours or longer leading to a diplôme d’études professionnelles (DEP) or an attestation de spécialisation professionnelle (ASP), or
- a Canadian private institution authorized by provincial statute to confer degrees but only if you are enrolled in one of the programs of study leading to a degree as authorized by the province and not in all programs of study offered by the private institution.



Then, because your education is not from a school that follows the same rules as a public college, the officer was right in removing 15 Points from the Canadian education criteria.

The word "Eligible" is key here.

However, that same word is missing when talking about the normal education points, so my interpretation is that the officer's assessment is partially incorrect, and you should have gone down to 450 instead of 419. This is only my interpretation though, and it might differ from the officers...

If the cutoff was 450 I would tell you to fight for it, but as it was 459 I'm afraid there's not much that can be done :/
Hi gabriel, thanks for this thorough explanation, I really appreciate it. I didn't receive notifications on my email of all these amazing replies I got on this thread. Just to update y'all with my situation, I went to a new lawyer that said that the college wasn't eligible indeed, so we moved on with an LMIA process that has gotten approved and I was finally able to apply for PR again with no concerns that it might get refused. Now I'm waiting for a decision on my PR once again. Thanks everyone for the help! :)
 
  • Like
Reactions: shaizeik

Anyw

Star Member
Jul 5, 2019
134
39
Hey Ully, you might want to take a look at this:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system.html?fbclid=IwAR03XjfgDCUlolhGO3v1Jgi-qoDFNBowmaKmj_xpHemYAPOyEjKvlN7RHOM


Level of education
11 (1) The points that are to be assigned for the level of education factor referred to in subparagraph 8(1)(a)(ii) are the following:


  • (a) for a foreign national who has no accompanying spouse or common-law partner
(i) 0 points, if the foreign national has less than a secondary school credential,
(ii) 30 points, if the foreign national has a secondary school credential,
(iii) 90 points, if the foreign national has a one-year post-secondary program credential,
(iv) 98 points, if the foreign national has a two-year post-secondary program credential,
(v) 120 points, if the foreign national has a post-secondary program credential of three years or more,
(vi) 128 points, if the foreign national has two or more post-secondary program credentials and at least one of them was issued at the completion of a post-secondary program of three years or more,
(vii) 135 points, if the foreign national has a university-level credential at the master’s level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill level A for which licensing by a provincial regulatory body is required, and
(viii) 150 points, if the foreign national has a university-level credential at the doctoral level; and
(b) for a foreign national who has an accompanying spouse or common-law partner(i) 0 points, if the foreign national has less than a secondary school credential,
(ii) 28 points, if the foreign national has a secondary school credential,
(iii) 84 points, if the foreign national has a one-year post-secondary program credential,
(iv) 91 points, if the foreign national has a two-year post-secondary program credential,
(v) 112 points, if the foreign national has a post-secondary program credential of three years or more,
(vi) 119 points, if the foreign national has two or more post-secondary program credentials and at least one of them was issued at the completion of a post-secondary program of three years or more,
(vii) 126 points, if the foreign national has a university-level credential at the master’s level or an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill level A for which licensing by a provincial regulatory body is require , and
(viii) 140 points, if the foreign national has a university-level credential at the doctoral level.

Highest level of education
(2) Points are to be assigned under subsection (1) for the highest level of education obtained.

Educational credentials
(3) In order for a foreign national to be assigned points under subsection (1),

(a) their educational credentials must be Canadian educational credentials; or
(b) they must have an educational credential equivalency assessment in respect of their foreign educational credentials issued by an organization or institution designated under subsection 75(4) of the Regulations.



This part is alright, but when you go down, it says:


Points for Canadian educational credential
30 (1) The points that may be assigned for Canadian educational credential factors are the following:

  • (a) 0 points, if the foreign national has a secondary school educational credential;
  • (b) 15 points, if the foreign national has an eligible credential from a one-year or two-year post-secondary program; and
  • c) 30 points, if the foreign national has
    • (i) an eligible credential from a post-secondary program of three years or more,
    • (ii) an eligible credential from a university-level program at the master’s level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill Level A for which licensing by a provincial regulatory body is required, or
    • (iii) an eligible credential from a university-level program at the doctoral level.
Highest level of education
(2) Points are to be assigned under subsection (1) only for the eligible credential corresponding to the highest level of education for which the foreign national meets the requirements of subsection (3).

Requirements
(3) Points are only assigned under subsection (1) if, for the purpose of obtaining the credential, the foreign national

  • (a) studied in Canada at a Canadian educational institution;
  • (b) was enrolled in full-time study or training for at least eight months; and
  • (c) was physically present in Canada for at least eight months.
Eligible credentials
(4) For the purpose of this section, an eligible credential is one of the following:

  • (a) a degree, diploma, certificate or trade or apprenticeship credential from a Canadian public post-secondary institution or from a Canadian private post-secondary institution that operated under the same rules and regulations as a Canadian public post-secondary institution;
  • (b) a diplôme d’études professionnelles (DEP) or an attestation de spécialisation professionnelle (ASP) earned through a program of study of at least 900 hours from a private secondary or post-secondary institution in Quebec; or
  • (c) a Bachelor’s, Master’s or doctoral degree from a Canadian private post-secondary institution, if a provincial statute authorizes that institution to confer that credential.
Exceptions
(5) For the purpose of this section, the following are not eligible credentials:

  • (a) credentials obtained in a study or training program in which the study of English or French as a second language amounted to more than half of the program;
  • (b) credentials obtained in a study or training program in which distance learning amounted to more than half of the program; or
  • (c) credentials obtained in a study or training program while receiving a scholarship or fellowship that stipulated that the recipient return to their home country to apply the knowledge and skills gained.



So from that, I could gather that IF when filling up your profile you answered "Yes"when asked if your diploma is:


- a private post-secondary institution that operates under the same rules and regulations as public institutions, or
- a private secondary or post-secondary institution (in Quebec) offering qualifying programs of 900 hours or longer leading to a diplôme d’études professionnelles (DEP) or an attestation de spécialisation professionnelle (ASP), or
- a Canadian private institution authorized by provincial statute to confer degrees but only if you are enrolled in one of the programs of study leading to a degree as authorized by the province and not in all programs of study offered by the private institution.



Then, because your education is not from a school that follows the same rules as a public college, the officer was right in removing 15 Points from the Canadian education criteria.

The word "Eligible" is key here.

However, that same word is missing when talking about the normal education points, so my interpretation is that the officer's assessment is partially incorrect, and you should have gone down to 450 instead of 419. This is only my interpretation though, and it might differ from the officers...

If the cutoff was 450 I would tell you to fight for it, but as it was 459 I'm afraid there's not much that can be done :/
Thank you for this information. Very helpful