hi gladaki,
thanks so much for replying.here's what was in the letter from CIC case officer to my laywers which they forwarded me.....
....'' I have now completed the assessment of your application for a permanent resident under the Federal Skilled Trades Class. I have determined that you do not meet the requirements for immigration to Canada.
Subsection 87.2(3) of the Immigration and Refugee Protection Regulations states that a foreign national is a member of the federal skilled trades class if:
d) they meet at least one of the following requirements:
i. they hold a certificate of qualification issued by a competent provincial authority in the skilled trade occupation specified in the application,
ii. they are in Canada and hold a work permit that is valid on the date on which their application is made and, on the date on which the visa is issued, hold a valid work permit or are authorized to work in Canada under section 186, and
A) the work permit was issued based on a positive determination by an officer under subsection 203(1) with respect to their employment in a skilled trade occupation,
(B) they are working for any employer specified on the work permit, and
(C) they hold an offer of employment — for continuous full-time work for a total of at least one year in the skilled trade occupation that is specified in the application and is in the same minor group set out in the National Occupational Classification as the occupation specified on their work permit — that is made by up to two employers, other than an embassy, high commission or consulate in Canada or an employer whose name appears on the list referred to in subsection 203(6), who are specified on the work permit, subject to the visa being issued to the foreign national,
iii. they are in Canada and hold a work permit referred to in paragraph 204(a) or (c) — that is valid on the date on which their application is received — and, on the date on which the visa is issued, hold a valid work permit or are authorized to work in Canada under section 186, and the circumstances referred to in clauses (ii)(B) and (C) apply,
iv. they do not hold a valid work permit or are not authorized to work in Canada under section 186 on the date on which their application is made and
(A) up to two employers, other than an embassy, high commission or consulate in Canada or an employer whose name appears on the list referred to in subsection 203(6), have made an offer of employment in the skilled trade occupation specified in the application for continuous full-time work for a total of at least one year to them subject to the visa being issued to them, and
(B) an officer has approved the offer for full-time work — based on an opinion provided to the officer by the Department of Human Resources and Skills Development, on the same basis as an opinion provided for the issuance of a work permit, at the request of up to two employers or an officer — that the requirements set out in subsection 203(1) with respect to the offer have been met, and
v. they either hold a valid work permit or are authorized to work in Canada under section 186 on the date on which their application for a permanent resident visa is made and on the date on which it is issued, and
(A) the circumstances referred to in clauses (ii)(B) and (C) and subparagraph (iii) do not apply, and
(B) the circumstances referred to in clauses (iv)(A) and (B) apply.
I am not satisfied that you meet the requirements listed above. You indicated on your application that your occupation in Canada is as a Plumbing Mechanic (NOC 7251). You do not have a certificate that meets the requirement of i. above; your Ontario College Certificate is not such a certificate. As you are in Canada and have an open, Post-graduate work permit, you do not meet the requirements of ii., iii., and iv. As you do not have a Labour Market Opinion, you do not meet the requirements of v. above. As such, you failed to demonstrate that you met the requirements of Regulation 87.2(3).
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(2) 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 the regulations for the reasons explained above. I am therefore refusing your application.
