Here is the full refusal letter,
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.
According to the Immigration and Refugee Protection Regulations, applicants in the Canadian Experience Class are assessed on the basis of the pass/fail requirements set out in subsection R87.1(2). The assessment of these criteria determines whether a worker with Canadian experience will be able to become economically established in Canada. The criteria are:
temporary resident status during the qualifying period of work experience in Canada,
meeting the minimum language proficiency threshold in either English or French, and
qualifying Canadian skilled work experience.
Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada:
“Technical Sales Specialist” with OneTouch Direct dba Inteleservices Canada Inc.
In support of your full-time Canadian work experience with OneTouch Direct dba Inteleservices Canada Inc., you provided a letter of employment which states you have been employed from November 13, 2017 to January 31, 2019 with the company.
However, I note that you did not apply for your post-graduate work permit until March 20, 2018.
As per R186(w), a foreign national may work in Canada without a work permit only if they completed their program of study and they “applied for a work permit before the expiry of that study permit and a decision has not yet been made in respect of their application.” As a holder of a study permit, a foreign national without a work permit is only allowed to engage in full-time work “during a regularly scheduled break between academic sessions” as per R186(v)(iii).
I have reviewed all information available and upon review, I am not satisfied on the balance of probabilities that you have acquired one year of qualifying skilled work experience in Canada as your declared work period from November 13, 2017 to March 20, 2018 was unauthorized.
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.
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 meet the minimum requirements to enter the Express Entry pool and there is no guarantee that you will be issued another invitation to apply for permanent residence under one of the immigration programs subject to Express Entry.
