+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

PR application rejected after ITA

Discussion in 'Express Entry / Expression of Interest' started by PawanKapoor89, Dec 7, 2017.

  1. Hi

    After waiting for 3 months, today I got the notification that my application was rejected.

    Here are the details:

    I have now completed the assessment of your application for a permanent resident visa as a skilled worker.
    I have determined that you do not meet the requirements for immigration to Canada.
    Subsection 76(1)(b) of the Immigration and Refugee Protection Regulations (IRPR) states that for the
    purpose of determining whether a skilled worker, as a member of the federal skilled worker class, will be
    able to become economically established in Canada, the skilled worker must:
    (i) have in the form of transferable and available funds, unencumbered by debts or other
    obligations, an amount equal to one half of the minimum necessary income applicable in
    respect of the group of persons consisting of the skilled worker and their family members.
    I am not satisfied that you meet the requirement under paragraph i) because you have not submitted
    sufficient evidence to satisfy me that you have at least $12,300 in the form of transferable and available
    funds, unencumbered by debts or other obligations.

    The amount of funds is assessed according to the applicant’s family size, using 50% of the current Low-
    Income Cut-off (LICO) from Statistics Canada for urban areas with populations of 500,000 or more. In

    your application you have declared an available amount of $12,400 in settlement funds. I have reviewed
    all information available and I am not satisfied that you have at your disposal, with sufficient liquidity, and
    with the ability to transfer those assets, the necessary threshold of funds to support your establishment in
    Canada on arrival. You have submitted evidence for funds in the amount of $11,672, assessed as per IRPR
    subsection 76(1)(b)(i), in the form of transferable and available funds, unencumbered by debts or other
    obligations. You therefore have not satisfied me that you will be able to become economically established
    in Canada as a member of the federal skilled worker class as per R76(1)(b).
    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 IRPA:
    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 IRPA 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 still meet minimum requirements to
    enter the Express Entry pool and there is no guarantee that you will that you will be issued another invitation
    to apply for permanent residence under one of the immigration programs subject to Express Entry.
    Sincerely,





    What can I do now? Can I appeal? Should I reapply? The amount had dipped because of a colossal stupidity from my side (my father, in all his stupid wisdom of saving money transferred about 1500$ to a higher interest saving account)

    Please advise. This is fairly earth shattering for me.

    Thank you in advance for your replies.
     
  2. i guess make sure you have enough money before reapplying?
     
  3. That was extremely stupid on your part really.
    Why would you hesitate in showing funds when you can afford. Why only show border-line amount.
    IMO, you should have shown atleast 14-15k funds since there are many exchange rates and transfer rates applied and IRCC officers take care of those transfer deductions as well.

    Considering the current rejection, there is no problem in re-appeal.
    Arrange sufficient funds this time min 15k and re-appeal with those funds details and keep your fingers crossed.
    If they re-consider, well and good. If not, don't wait and re-enter the pool ASAP.
    What was your CRS when you got ITA?
     
    PawanKapoor89 likes this.
  4. I suggest show more amount than the required. It will help you to get through next time. All the best.
     
  5. i also received same response for my application, can you let me know if you had shown a gift deed for proof of funds?
     
  6. Really unfortunate to get rejected in this regard. Feeling sorry for you. Did you not notice that your balance is lesser than the requirement when you submitted the application?
     
  7. When I got the ITA and when I sent my application after that, and in fact up until a month ago I had the balance. It was a very foolish lapse on my part to have had not been more cognizant of my account balance, which I don't even touch normally so that the balance does'nt dip.
    This bloody sucks :( I'm sad and anxious now

    Anyway,
    I am writing an appeal. There's a 70% chance that it'll get rejected, but I'm writing it anyway.
    (Please read and let me know if I should make any changes to it or add something.)
    It'll basically say that I transferred the money from my savings account which earns low interest to my own PPF account, a government allotted and tax exempt account which gives a higher rate of interest than the savings account which was supposed to have the amount originally.

    I will attach my PPF details and correspond the dates with a statement from my original Savings account to show that the money was transferred from one of my accounts to another, both of them being liquid and available.
    In the meantime, I have also had funds transferred to my savings account, which now has more than the required CAD 12,400, and I will attach proof of that along with the acknowledgement from my bank manager. I will request them to reconsider based on these documents and this explanation.



    Should I add anything or modify my appeal in any way?
    Any suggestion would be appreciated.

    Again, thanks for replying guys.
     
  8. When did you receive this reply? and what did you do about it? what's the status now?
     
  9. T
    Thank you for your insights
    Yes, I deserve to be bashed for this foolishness. Trust me, I realize it.

    My CRS is 441
    I have had the funds arranged.
    Kindly refer to my reply before this reply.
    Thanks for your help
     
  10. Appeal seems good. What you have written and info you're providing.
    Even if it is rejected, I don't see more than couple of month's delay in ITA with your CRS.
    Don't worry, even if appeal is not considered, you are not in too much trouble.
    Enter the EE pool meanwhile. In couple of draws, the cut off will come down to 440 for sure.
    All the best!
     
    PawanKapoor89 likes this.
  11. I feel your frustration and the anxiety you are going through.
    Don’t worry, the appeal seems good, along with the attached relevant documents will fetch you a reply.
    But don’t rely too much on being reconsidered again.
    In the meantime start a new profile and wait for ITA, u will surely get it pretty soon and start the application once again.
    Sometimes things happen for a reason too. You will realise it later.
    All the best for your application.
     
    PawanKapoor89 likes this.
  12. Thanks guys

    I'll update here as the situation progresses.
     
    Nzube-Jah likes this.
  13. i got the refusal letter on 7th December, i have reapplied and waiting for next draw.
    Can you let me know did you use a gift deed to show proof of funds?
     
  14. No, that was not the problem.

    Did you not appeal to them?
     
  15. Hello
    Here is the reply. It seems automated and is a circular response, i.e. if you have a problem with the letter, refer to the letter.



    "
    Good day ____

    Thank you for contacting Immigration, Refugees and Citizenship Canada (IRCC).

    We have received your enquiry regarding the decision made on your application.

    Please consult the decision letter that was sent to you on December 6, 2017, in order to obtain further details.

    If you have new or additional information/documents supporting your request, we invite you to submit a new application and include all necessary information based on the instructions guide.

    We hope the information provided is helpful in assisting you with your enquiry.

    We would also like to suggest the following online services that might be helpful to you with any immigration, refugee and/or citizenship future requests:



    Sincerely,
    "

    Anyway, I have submitted my profile again with a CRS of 441 points.
    Hopefully no blunders this time around.
     

Share This Page