Immigration, Refugees and Citizenship Canada (IRCC) lately launched a coaching information for immigration officers making selections on everlasting resident (PR) purposes.
The 447-page doc contains, amongst different issues, case examples of candidates and beneficial outcomes following analyses of their purposes.
Primarily based on these examples, listed below are some frequent errors candidates have made that led immigration officers to flag their purposes for additional evaluation or reject them altogether.
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Utilizing incorrect NOC codes
When processing purposes, immigration officers are educated to have a look at candidate’s job duties and confirm whether or not they correspond to the NOC lead assertion and important duties, not simply the job title.
Which means candidates who submit a NOC code that doesn’t correspond to their job’s duties might see a refusal or a evaluation of the appliance, particularly if the duties align with a lower-skilled or ineligible occupation.
Canada makes use of the Nationwide Occupational Classification (NOC) system to establish and categorize occupations primarily based on the coaching, schooling, expertise and duties they require.
Instance:
Diana from Philippines declared her major occupation as Contact Centre Supervisor. Nonetheless, upon reviewing her job duties, they had been according to the occupation of Complaints Clerk – Buyer Service.
Since her duties don’t resemble her NOC Code place, this impacts her capability to satisfy the necessities, and her case requires additional evaluation.
Resolution: Analysis and discover the correct NOC code primarily based off of your job duties and the NOC lead assertion and duties.
For instance, take the case of Sam who works for a media firm. Sam’s official designation is reporter, which might probably fall beneath the NOC code 51113 – Journalists. Nonetheless, upon evaluation, Sam’s duties embody creating weblog posts, and consulting with shoppers to find out writing technique.
Primarily based on Sam’s job duties, they’re a larger match for the NOC code 51111 – Authors and writers (besides technical). If Sam had passed by their designation alone, they might have seen a evaluation or refusal of their utility.
Not declaring modifications in circumstances
Modifications in private circumstances must be declared. Failure to say a change in circumstances might be seen as misrepresentation, which has the potential to guide not solely to the refusal of your utility but in addition to a five-year ban on Canadian immigration.
Instance: Amar, who ranks on the decrease finish of his spherical of invitation, will get a divorce after receiving his invitation to use (ITA) for PR.
Nonetheless, the divorce causes his CRS factors to vary and – on this case – drop. After recalculation of factors, his new CRS rating is decrease than the lowest-ranked particular person in his spherical of invites. On this case, his utility is refused attributable to this alteration in private circumstances.
Resolution: Though it’s typically not possible to keep away from modifications in circumstances, it is very important be trustworthy and upfront about any updates.
If Amar declares the change in circumstances, he can return to the candidate pool and has the potential to qualify for subsequent rounds of invites.
Exhibiting insufficient proof of labor expertise
Canadian immigration applications have clearly outlined eligibility standards for work expertise. Immigration officers are educated to make sure candidates meet all minimal necessities.
Instance: Om Kapoor had 30 years of expertise as a Bollywood actor. Nonetheless, upon evaluation, he didn’t have one yr of steady expertise within the 10 years previous the date of the appliance, as most of his expertise came about for shorter time-periods or had been voluntary and unpaid. Regardless of a 30+ yr profession, he didn’t meet the minimal work expertise requirement.
Resolution: Rigorously evaluation the eligibility standards on your chosen immigration program, particularly the precise wording round work expertise.
Having invalid or expired language check outcomes
Similar to work expertise necessities, immigration applications even have particular language proficiency standards.
Along with assembly the minimal scores, candidates should guarantee their check outcomes are up-to-date and obtained from an IRCC-approved language testing group, and meet the necessities for the kind of utility they’re submitting.
For instance, TOEFL iBT check is legitimate to point out English language proficiency for examine permits however not for these making use of for everlasting residence.
Language exams which are accepted for Canadian immigration are legitimate for 2 years kind the date of the check.
You language exams should nonetheless be legitimate on the time you submit your utility for PR.
Instance: Laura receives an invite to use on November 22, 2020, beneath Canadian Expertise Class (CEC), and submits her Utility for PR (APR) on December 17, 2020. Upon evaluation, her language scores meet the required CLB stage and have a date of December 2, 2018. Primarily based on this info, she doesn’t meet CEC language necessities as a result of her language check expired as of the APR date.
Resolution: Be certain that your check outcomes are present and are accepted exams from IRCC-verified suppliers.
Misunderstanding eligibility standards for immigration program
You will need to completely perceive the precise necessities of the PR program as that helps stop errors.
Instance:
Auston believes he’s eligible for Categorical Entry via the Canadian Expertise Class. He claims work expertise as a Analysis Assistant with the College of Toronto from September 2019 to October 2020, and has an employment letter signed by a widely known professor. He was in standing from September 2018 to April 2020 beneath each a examine allow and co-op work allow, and was granted a post-graduation work allow on March 20, 2020.
Since Auston’s employment listed was concurrent to full-time research, it doesn’t qualify as work expertise beneath CEC.
To be able to qualify for CEC, work expertise should
- Be paid work (volunteering or unpaid internships don’t depend);
- Have been gained as an worker (self-employment does not depend);
- Not have been gained whereas a full-time pupil (even should you had been on a co-op work time period);
- Be in TEER 0, 1, 2, or 3 of the Nationwide Occupation Classification system;
- Have been gained by working in Canada (if distant work, you have to have been bodily in Canada and dealing for a Canadian employer);
- Have been gained whereas approved to work beneath short-term resident standing;
- Include duties that align with the lead assertion and major duties of the NOC code claimed;
- Be no less than 1 yr of full-time work (30 hours per week) or 1560 hours in whole (you can not depend greater than 30 hours per week); and
- Have been gained inside the earlier three years earlier than your utility.
Resolution: For this, it’s finest to fastidiously evaluation the standards for the precise program or seek the advice of with a licensed immigration advisor or lawyer to be sure to keep away from frequent errors.
Overlooking medical or police checks
Some persons are thought of inadmissible to Canada beneath the nation’s immigration legislation. Inadmissibility can occur attributable to a wide range of causes together with legal, monetary, medical, safety causes or attributable to misrepresentation.
It’s essential to contemplate that even when an individual meets all of the eligibility standards for immigration, their utility may be refused on grounds of inadmissibility. This additionally counts for instances by which a member of the family (reminiscent of a partner or dependent) is inadmissible.
Instance: Apu is an internet developer who meets all the mandatory standards to qualify for CEC. Upon evaluation of his file, it’s found that his spouse is deemed medically inadmissible attributable to having weak kidneys, with the sturdy risk of requiring dialysis sooner or later.
On this case, Apu is inadmissible beneath A42 of the Immigration and Refugee Safety Act – having an accompanying member of the family or non-accompanying member of the family who’s inadmissible.
Resolution: Concentrate on various factors that would result in inadmissibility. Relying on the case, it’s doable to beat inadmissibility.
For instance, in case of medical inadmissibility, it’s doable to hunt authorized treatment by demonstrating that the overseas nationwide won’t exceed the associated fee threshold of medical remedy in Canada, or to hunt an exception to medical inadmissability beneath humanitarian or compassionate grounds. An skilled immigration advisor or lawyer may also help navigate sophisticated instances.
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