Hi everyone,
I received NOI from Alberta on Nov 06 2019, and I applied with all the required docs within 30 days.
On Jan 17 I received an email from Program Officer stating PROCEDURAL FAIRNESS REQUEST, and I was given 2 weeks to respond with evidence that I will reside in Alberta.
My RCIC replied to them with the below info as they requested.
******
a)It has been mentioned by the AINP office that my client is studying, working and living in British Columbia since 2013 as per the AINP 012 application form
This is an ERRONEOUS ACCUSATION because nowhere in the application form AINP 012 or in any other supporting documents submitted along with the application we have mentioned that. He started studying in BC, Canada from 09-Sept-2016 onwards.
b) INTENTION TO RESIDE IN ALBERTA
My client has been in Canada only since 2016 and has been studying and then working to attain valuable experience in Canada. The moment he finished his studies, the first thing that comes to anyone’s mind is to have a job as soon as possible. That’s what my client did. However, he is finding it challenging to live in BC, due to high costs of living. In his Express Entry profile, we had also changed the Intended Province to Reside as Alberta. There is ample amount of jobs available in my domain in NOC 1215 in AB.
PS-(we did not apply for a job only showed a screenshot of jobs under NOC)
c) Since he is just starting his journey as a young specialist in Canada, the affordability of living is one of the reasons he is considering Calgary, AB. First of all, Alberta is the only province without a sales tax. To compare, Alberta has a GST of 5 % and British Columbia a 12 % tax (GST+PST). Below is the reference to the website and a screenshot of the same to support his statement. https://canadabusiness.ca/government/taxes-gst-hst/federal-tax-information/overview-of-charging-and-collecting-sales-tax/
d)I had mentioned that my client’s current employer, XXXXX, also has an office located in CALGARY, AB, where he may get transferred once he gets Permanent Residency status.
PS - I didn't talk to my employer for the move to CALGARY.
e) We all know that so many immigrants are settling down in Ontario and BC, because of which the cost of renting and owning a house is beyond reach for a young person like him. That is the reason Provinces have come out with their own separate programs. Even IRCC is now focussing on smaller communities to bring in talent to all across Canada. Seeing this, my client is showing a real intention to move to Alberta. My client and I as an RCIC very well know the punishment for Misrepresentation under A40, IRPA. Hence, he is being fully truthful and will abide by the IRPA. Please acknowledge this fact and allow my client to move to Alberta and start a new life for himself there.
**********
Now after submitting this, the Programm officer phoned my manager asked all sorts of questions, including my employer's intention to move myself to CALGARY branch. And as I didn't tell my manager that I am applying for AINP, he told them he is happy in this branch and they don't want me to move to CALGARY branch.
On Jan 29th I received the final decision that my application for EOI is rejected.
And below is the explanation from them.
*******
We have determined that you do not qualify for a nomination.
The AINP will only issue a certificate of nomination when we are satisfied that the candidate meets all
relevant program criteria. By signing the application form(s), you declared that you were the person who
provided the information for your application and that the information was true, complete and correct. The
declaration advised that if any information provided on your application was false, incomplete or incorrect,
your application would be declined.
A procedural fairness letter was sent to you on Friday, January 17, 2020, informing you that the AINP is not
satisfied that you intend to live and work in Alberta permanently. The Information on your submission of
interest shows that you completed your post-secondary studies and currently live and work in British
Columbia. The letter also informed you to forward any new and/or relevant information you would like us
to consider to demonstrate your intention to live and work in Alberta no later than Thursday, January 23,
2020. . If no additional information was received the application could be declined.
In the response your authorize representative provided,xxxxx stated that in your EE profile you
had changed the intended province to reside in Alberta and submitted a screenshot to demonstrate this.
Your representative goes on to provide a screen shot showing the available jobs in Alberta in your
occupation as well as a sworn affidavit by you stating that your current organization has an office in Calgary
Alberta and your employer may consider relocating you after you get permanent residency.
The screenshot provided states “find out if you are eligible to apply”. This information is not from your EE
profile but used to determine if you would be eligible to create an Express Entry profile. Secondly, providing
a screenshot showing the number of available jobs in Alberta in your occupation does demonstrate you are
interested in pursuing any of these positions nor does it demonstrate that you applied for any of those
positions. This further validates that you are not genuinely interested in living and working in Alberta.
Lastly, in your sworn affidavit you stated that your employer may consider relocating you after you receive
permanent residency. The AINP called and spoke with your employer representative xxxx on
January 24, 2020 and asked if you had inquired into a possible transfer to Alberta or if they would
considered a transfer. xxxxx stated that you were happy in your current job, did not request or
inquire into a possible transfer nor is a transfer to Alberta feasible. The information your employer
representative provided conflicts with the information you had provided in the sworn affidavit.
Based on all of the above concerns, the AINP is not satisfied that you intend to move to Alberta permanently to live and
work.
After reviewing the information that is available for your application, our office is not satisfied that you
meet the requirements of the AINP. Therefore, your application is declined.
*********
We even submitted the reconsideration and it was rejected for the same reason.
Now, can I apply for AINP again after applying for jobs in Alberta and not stating that my employer will move me to branch in CALGARY.
Please advise, my current CRS is 439 and PGWP is valid till Aug 2021.
Also please advise all the other options available for getting PR.
Thanks in advance!
I received NOI from Alberta on Nov 06 2019, and I applied with all the required docs within 30 days.
On Jan 17 I received an email from Program Officer stating PROCEDURAL FAIRNESS REQUEST, and I was given 2 weeks to respond with evidence that I will reside in Alberta.
My RCIC replied to them with the below info as they requested.
******
a)It has been mentioned by the AINP office that my client is studying, working and living in British Columbia since 2013 as per the AINP 012 application form
This is an ERRONEOUS ACCUSATION because nowhere in the application form AINP 012 or in any other supporting documents submitted along with the application we have mentioned that. He started studying in BC, Canada from 09-Sept-2016 onwards.
b) INTENTION TO RESIDE IN ALBERTA
My client has been in Canada only since 2016 and has been studying and then working to attain valuable experience in Canada. The moment he finished his studies, the first thing that comes to anyone’s mind is to have a job as soon as possible. That’s what my client did. However, he is finding it challenging to live in BC, due to high costs of living. In his Express Entry profile, we had also changed the Intended Province to Reside as Alberta. There is ample amount of jobs available in my domain in NOC 1215 in AB.
PS-(we did not apply for a job only showed a screenshot of jobs under NOC)
c) Since he is just starting his journey as a young specialist in Canada, the affordability of living is one of the reasons he is considering Calgary, AB. First of all, Alberta is the only province without a sales tax. To compare, Alberta has a GST of 5 % and British Columbia a 12 % tax (GST+PST). Below is the reference to the website and a screenshot of the same to support his statement. https://canadabusiness.ca/government/taxes-gst-hst/federal-tax-information/overview-of-charging-and-collecting-sales-tax/
d)I had mentioned that my client’s current employer, XXXXX, also has an office located in CALGARY, AB, where he may get transferred once he gets Permanent Residency status.
PS - I didn't talk to my employer for the move to CALGARY.
e) We all know that so many immigrants are settling down in Ontario and BC, because of which the cost of renting and owning a house is beyond reach for a young person like him. That is the reason Provinces have come out with their own separate programs. Even IRCC is now focussing on smaller communities to bring in talent to all across Canada. Seeing this, my client is showing a real intention to move to Alberta. My client and I as an RCIC very well know the punishment for Misrepresentation under A40, IRPA. Hence, he is being fully truthful and will abide by the IRPA. Please acknowledge this fact and allow my client to move to Alberta and start a new life for himself there.
**********
Now after submitting this, the Programm officer phoned my manager asked all sorts of questions, including my employer's intention to move myself to CALGARY branch. And as I didn't tell my manager that I am applying for AINP, he told them he is happy in this branch and they don't want me to move to CALGARY branch.
On Jan 29th I received the final decision that my application for EOI is rejected.
And below is the explanation from them.
*******
We have determined that you do not qualify for a nomination.
The AINP will only issue a certificate of nomination when we are satisfied that the candidate meets all
relevant program criteria. By signing the application form(s), you declared that you were the person who
provided the information for your application and that the information was true, complete and correct. The
declaration advised that if any information provided on your application was false, incomplete or incorrect,
your application would be declined.
A procedural fairness letter was sent to you on Friday, January 17, 2020, informing you that the AINP is not
satisfied that you intend to live and work in Alberta permanently. The Information on your submission of
interest shows that you completed your post-secondary studies and currently live and work in British
Columbia. The letter also informed you to forward any new and/or relevant information you would like us
to consider to demonstrate your intention to live and work in Alberta no later than Thursday, January 23,
2020. . If no additional information was received the application could be declined.
In the response your authorize representative provided,xxxxx stated that in your EE profile you
had changed the intended province to reside in Alberta and submitted a screenshot to demonstrate this.
Your representative goes on to provide a screen shot showing the available jobs in Alberta in your
occupation as well as a sworn affidavit by you stating that your current organization has an office in Calgary
Alberta and your employer may consider relocating you after you get permanent residency.
The screenshot provided states “find out if you are eligible to apply”. This information is not from your EE
profile but used to determine if you would be eligible to create an Express Entry profile. Secondly, providing
a screenshot showing the number of available jobs in Alberta in your occupation does demonstrate you are
interested in pursuing any of these positions nor does it demonstrate that you applied for any of those
positions. This further validates that you are not genuinely interested in living and working in Alberta.
Lastly, in your sworn affidavit you stated that your employer may consider relocating you after you receive
permanent residency. The AINP called and spoke with your employer representative xxxx on
January 24, 2020 and asked if you had inquired into a possible transfer to Alberta or if they would
considered a transfer. xxxxx stated that you were happy in your current job, did not request or
inquire into a possible transfer nor is a transfer to Alberta feasible. The information your employer
representative provided conflicts with the information you had provided in the sworn affidavit.
Based on all of the above concerns, the AINP is not satisfied that you intend to move to Alberta permanently to live and
work.
After reviewing the information that is available for your application, our office is not satisfied that you
meet the requirements of the AINP. Therefore, your application is declined.
*********
We even submitted the reconsideration and it was rejected for the same reason.
Now, can I apply for AINP again after applying for jobs in Alberta and not stating that my employer will move me to branch in CALGARY.
Please advise, my current CRS is 439 and PGWP is valid till Aug 2021.
Also please advise all the other options available for getting PR.
Thanks in advance!
