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FSW2 application refused, can someone explain?

FSW2 application refused, can someone explain?

Old Mar 2nd 2012, 4:04 pm
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Default FSW2 application refused, can someone explain?

So I just got an email today saying that my FSW2 application was refused and I was just about to research the explanation (as it isn't very clear) but thought I'd post on here in-case this has come up before.

I applied on the following basis: I am in Canada just now working in a job on a temporary work permit (1 year UK working holiday under International Experience Canada). The job I am working in just now is permanent and thus I applied for the FSW2 visa on the basis of this permanent offer of employment. I have the following points: Education 20 (University degree), Language 16 (English), Work Experience 19 (3 years in NOC 1111), Age 10 (22-30), Arranged Employment 10, Adaptability 5 (arranged employment) - total 80. I am also a Chartered Accountant and registered with the Institute of Chartered Accountants of Ontario (I passed their reciprocity exam) - although this doesn't count for any extra points under the application as far as I'm aware.

Here is the email I got today rejecting my application explaining the rejection:

This refers to your application for permanent residence in Canada as a Federal Skilled Worker. I have now completed the assessment of your application and have determined that you are not eligible for processing in this category for the following reason(s):

The Minister of Citizenship and Immigration issued Instructions which were published in the Canada Gazette on June 25, 2011. Only applicants who meet the criteria specified in these Ministerial Instructions are eligible to be processed in the Federal Skilled Worker class.

Although you have indicated that you have Arranged Employment, the type of work permit you hold does not meet the requirements of Regulation 82(2)a or the exemption requirements of Regulation 82(2)b of the Immigration and Refugee Protection Act (IRPA).

Note: Any reference to work experience in a NOC code other than those identified by the Minister of Citizenship and Immigration and published in the Canada Gazette on June 25, 2011 is not assessed for eligibility under Ministerial Instructions.

Subsections 87.3(2)-(3) are the pertinent sections of the Immigration and Refugee Protection Act:
The processing of applications and requests is to be conducted in a manner that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.
…the Minister may give instructions with respect to the processing of applications and requests, including instructions
(a) establishing categories of applications or requests to which the instructions apply;
(b) establishing an order, by category or otherwise, for the processing of applications or requests;
(c) setting the number of applications or requests, by category or otherwise, to be processed in any year; and
(d) providing for the disposition of applications and requests, including those made subsequent to the first application or request.

The processing fee and, if applicable, the Right of Permanent Residence Fee that you paid are refundable. You will receive a cheque within eight to twelve weeks OR if you paid by credit card you will receive a credit on the credit card provided within eight to twelve weeks.

The refund cheque will be sent to the address provided in your application. If you have changed your address please advise us immediately of the new address. Address changes should be faxed to (902) 270-3561. PLEASE NOTE THIS FAX IS ONLY FOR ADDRESS CHANGES.

Note:
Any requests made on the basis of humanitarian and compassionate grounds accompanying a Federal Skilled Worker application cannot be processed unless the application is otherwise eligible for processing under the Ministerial Instructions.

Any requests for positive substituted evaluation accompanying a Federal Skilled Worker application cannot be processed unless the application has met the minimum requirements outlined under Regulation 75(2).
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Old Mar 2nd 2012, 4:09 pm
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Default Re: FSW2 application refused, can someone explain?

It seems from what I can gather from the following:

"Note: Any reference to work experience in a NOC code other than those identified by the Minister of Citizenship and Immigration and published in the Canada Gazette on June 25, 2011 is not assessed for eligibility under Ministerial Instructions. "

That I used the NOC code 1111 instead of 1122 since 1111 isn't listed in the Gazette publication...?
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Old Mar 2nd 2012, 4:14 pm
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Default Re: FSW2 application refused, can someone explain?

You have pinpointed the problem. Unless you have experience in an occupation on the list you cannot qualify. Also you TWP is from a program that is not labor market related and therefore does not qualify for the exemption your expected.
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Old Mar 2nd 2012, 5:22 pm
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Default Re: FSW2 application refused, can someone explain?

Originally Posted by michty6
Although you have indicated that you have Arranged Employment, the type of work permit you hold does not meet the requirements of Regulation 82(2)a or the exemption requirements of Regulation 82(2)b of the Immigration and Refugee Protection Act (IRPA).
This is the problem - only those with arranged employment approved by HRSDC (i.e. who have an AEO or LMO) qualify under FSW cat 2. As you have a Working Holiday Visa, and your offer of permanent employment hasn't been approved by HRSDC, you are not eligible.

However, if your employer is prepared to apply for a LMO for you, then you can switch to a 'normal' TWP and reapply using that.

HTH, good luck and sorry to hear of the rejection.

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Old Mar 2nd 2012, 5:34 pm
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Default Re: FSW2 application refused, can someone explain?

Thanks, I am not giving up, just sucks that I'll have to compile all that paperwork again (I assume they don't return the application?)

The problem would be that I am still in my first 3 months of probation at work (1 month to go) so if I brought the subject up they could probably just dump me if they wanted to avoid the hassle. I guess I will have to wait a month until bringing it up if I decide to ask them to go down the LMO route. It is definitely feasible since I am an international accountant trained under international accounting standards and Canada just switched to them, so that would be the 'unique skill' I could bring under a LMO...

The other option I have, and I would be interested in your opinions on, is that my gf is Canadian and we have lived together more than 1 year in the past (been together for 4 years and we have lived together under a 1 year lease previously, also under a 3 month lease previously and we are currently signed into a 1 year lease in Canada) so I could try the spousal sponsorship application? I was put off it originally by the processing times but this could be a better option than risking losing my job...?
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Old Mar 2nd 2012, 5:40 pm
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Default Re: FSW2 application refused, can someone explain?

Originally Posted by michty6
Thanks, I am not giving up, just sucks that I'll have to compile all that paperwork again (I assume they don't return the application?)
They should return it, yes.

Originally Posted by michty6
The other option I have, and I would be interested in your opinions on, is that my gf is Canadian and we have lived together more than 1 year in the past (been together for 4 years and we have lived together under a 1 year lease previously, also under a 3 month lease previously and we are currently signed into a 1 year lease in Canada) so I could try the spousal sponsorship application? I was put off it originally by the processing times but this could be a better option than risking losing my job...?
If you're currently living together (not sure as you say you've lived together 'in the past'), then yes, that's a good option. It would actually be much quicker than the FSW cat 2 application you submitted, not sure why you thought it would be longer?

You'd have PR within about 6 months if you do a spousal sponsorship application, just make sure you do an outland one rather than inland (see Wiki article for info on both routes).

HTH, good luck.
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Old Mar 2nd 2012, 5:54 pm
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Default Re: FSW2 application refused, can someone explain?

Ah I remember reading processing times on the CIC website one day and it seemed like the spousal applications were ridiculous (19 months IIRC) but I guess I was looking at the inland processing times since I assumed I had to apply this way since I was already in Canada...

You are correct, I am living in Canada just now with my gf. I should probably clarify what I meant to say was we have formally lived together (with formal leases) on 3 separate occasions:
- 1 year in London (UK) - August 2009 to August 2010
- 3 months in Glasgow - Summer 2011
- 4 months in Toronto - November 2011 to present

The reason for the gaps is that we did a lot of travelling so weren't under a formal lease for those periods (we also lived at her parents Sept-Oct 2011 in Canada). We have a joint bank account here too if that sort of thing helps.

The only complication is that, due to the fact I was unsure whether or not we qualified as a spousal relationship or not, I didn't include her as my spouse on my FSW application - would this be a big deal?
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