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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98444
Experience:  Lawyer
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I have been applied for permanent residence of Canada in

Customer Question

I have been applied for permanent residence of Canada in skilled worker class.
I have work permit until end of Jan 2017 and permanent job offer from my employer, where I was working for couple of months and then I had to come back to Finland because of my wife's Finnish residence permit. I have been in Finland with my wife and trying to gather and prepare all necessary documents for application. Unfortunately some of them take quite long time to get like police certificate from Iran. After I had all documents we applied through an immigration consultant for the permanent residence of Canada on late April 2016. my application has been refused on 24th of August, but I get informed about it recently.
Could you please give me some advice what should I do.
Submitted: 7 months ago.
Category: Canada Law
Expert:  Debra replied 7 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 7 months ago.

I am sorry to hear this. What are the grounds for the refusal?

Customer: replied 7 months ago.
I'm sending you the content of the letter below:I have now completed the assessment of your application for permanent residence as a member of the Federal Skilled Trades Class, and have determined that you do not meet the requirements for immigration to Canada in this class.
Section 11.2 of the Immigration and Refugee Protection Act directs that 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.
Immigration, Refugees and Citizenship Canada invited you to apply for permanent resident status based on the qualifications you claimed in your Express Entry profile. Those qualification claims and the accompanying Comprehensive Ranking System (CRS) points awarded were summarized in your invitation letter.
In your Express Entry profile you indicated that you had a qualifying offer of arranged employment. The Ministerial Instructions Respecting the Express Entry System state that a “qualifying offer of arranged employment” is an offer of employment, in a Skill Level B occupation of the National Occupational Classification matrix listed in the categories set out in subsection 87.2(1) of the Regulations, that is made to a foreign national by up to two employers, other than an embassy, high commission or consulate in Canada or an employer that appears on the list referred to in subsection 209.91(3) of the Regulations, for continuous full-time work in Canada for at least one year and that is supported by an opinion referred to in clause 87.2(3)(d)(iv)(B) of the Regulations that was provided by the Department of Employment and Social Development.
I am not satisfied that you possess a qualifying offer of arranged employment as the offer of employment that you submitted with your application was not supported by a valid opinion referred to in clause 87.2(3)(d)(iv)(B) of the Regulations that was provided by the Department of Employment and Social Development also known as Labour Market Impact Assessments (LMIA). The Labour Market Impact Assessment #(###) ###-####included in your application was valid until July 7, 2015. At the time of submission of this application you did not possess a valid work permit nor have you provided evidence of a valid LMIA. I am therefore not satisfied that you have a qualifying offer of arranged employment.
In accordance with section 11.2 of the Act of the Regulations, I am refusing your application because I am not satisfied that you possess the qualifications on the basis of which you were ranked under an
instruction given under paragraph 10.3(1)(h). 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, under the Express Entry Comprehensive Ranking System.
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.
You will receive a refund if you have paid the Right of Permanent Residence Fee.
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.
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 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.
Expert:  Debra replied 7 months ago.

Does your employer not get an LMIA?

Customer: replied 7 months ago.
We had LMIA, but I guess the date has expired.
Expert:  Debra replied 7 months ago.

When did you get the LMIA and when was it submitted?

Customer: replied 7 months ago.
I get the LMIA on 2015-01-07 where duration of employment was 2 years. I get work permit on 2015-01-30 for 2 years which is valid until 2017-01-30. Option expiry date on LMIA was 2015-07-07. I was able to collect all the document until April 2016 and the application for Permanent Residence was submitted on 2016-04-24.
Expert:  Debra replied 7 months ago.

I understand.

What you needed to do was have the employer apply for a new LMIA.

I suggest doing that now and resubmitting your application.

This time it may make more sense, if possible, to have a lawyer assist you so that you get this right on the next try. CIC is a very overburdened body and things take forever and are very complicated and hard to get right at the best of time.

I am sorry this happened to you.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Debra replied 7 months ago.

Is there anything more I can help you with at this point in time?

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