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PR Refused

kizrana

Full Member
May 28, 2019
28
2
Hi I would like to know whether anyone has had their application refused and then made an appeal and what the appeal process is?

Many Thanks
 

kizrana

Full Member
May 28, 2019
28
2
Thanks for your quick response. The letter states that the NOC Code does not match to job duties listed on the application.

Below is the response



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.
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 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.
In addition, according to the Immigration and Refugee Protection Act:
11.2 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 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.
Immigration, Refugees and Citizenship Canada (IRCC) invited you to apply for permanent resident status
based on the qualifications you claimed in your Express Entry profile. In your Express Entry profile you
decalred points for your foreign work period from 2015-08 to 2017-02 - Customer Service/ Complaints
Representative (NOC: 6314) - at Vehicle Credit Limited
Upon review of her job description I am not satisfied that the applicant is performing the actions
described in the lead statement of NOC 6314. This change in your qualifications resulted in a loss of
points that brought your rank below the lowest ranking person who was invited to apply in your round of
invitation, under the Express Entry Comprehensive Ranking System.
As I have found that you no longer possess the qualification on the basis of which you were ranked under
an instruction given under paragraph 10.3(1)(h), you no longer meet the requirements of Section 11.2 of
Act.
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.
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.
 

Raison

Newbie
May 28, 2019
4
1
HI Kirzana, Sorry to hear about your refusal. However, this is not new and has happened with a few applicants. I would advise you to re-look at the documents and iron out any underlying issues.

You can very well apply for a judicial review if you like, but not only would that be pretty expensive, but counter-productive considering the turn around time. Even then, all that would happen is your file would be re-appraised by a newly assigned visa officer. So if you are still eligible, pull your socks up, and reapply again with the amanded documents.
 
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kizrana

Full Member
May 28, 2019
28
2
I understand ok thank you I guess that's the best way to go. So I assume I must stop working immediately as my IEC has already expired (I am yet to received a decision on my bridging visa but I'm sure that's no longer applicable)?
 

jes_ON

VIP Member
Jun 22, 2009
12,095
1,397
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
Yes they do. And they haven't stated in the letter what they deem the match to be.
Sorry about the refusal. If you care to post the job description you provided in your employer's letter of reference, we could give you an opinion about the NOC.
 

kizrana

Full Member
May 28, 2019
28
2
Customer Service/Complaints Representative
Making follow up calls to new customers
Handling all customer complaints & escalating when necessary
Following protocol at all times for a regulated company
managing an electronic filing database for all complaints received
Developing documents for the use of various departments
Authorizing payments under goodwill
Ad-hoc duties to support operations manager

I applied Nov 9th 2018 & received the outcome May 27th 2019