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Immigration, Refugees and Citizenship Canada (IRCC) recently released a training guide for immigration officers making decisions on permanent resident (PR) applications.
The 447-page document includes, amongst other things, case examples of candidates and recommended results following analyses of their applications.
Based on these examples, here are some common mistakes candidates have made that led immigration officers to flag their applications for further review or reject them altogether.
Using incorrect NOC codes
When processing applications, immigration officers are trained to look at a candidate’s job duties and verify whether they correspond to the NOC lead statement and essential responsibilities, not just the job title.
This means that candidates who submit a NOC code that does not correspond to their job's duties could see a refusal or a review of the application, especially if the duties align with a lower-skilled or ineligible occupation.
Canada uses the National Occupational Classification (NOC) system to identify and categorize occupations based on the training, education, experience and responsibilities they require.
Example:
Diana from the Philippines declared her primary occupation as a Contact Centre Supervisor. However, upon reviewing her job duties, they were consistent with the occupation of Complaints Clerk – Customer Service.
Since her duties do not resemble her NOC Code position, this affects her ability to meet the requirements, and her case requires further review.
Solution: Research and find the right NOC code based on your job duties and the NOC lead statement and responsibilities.
For example, take the case of Sam, who works for a media company. Sam’s official designation is reporter, which could potentially fall under the NOC code 51113 – Journalists.
However, upon review, Sam’s duties include creating blog posts, and consulting with clients to determine writing strategy.
Based on Sam’s job duties, they are a greater fit for the NOC code 51111 – Authors and writers (except technical).
If Sam had gone by their designation alone, they could have seen a review or refusal of their application.
Changes in personal circumstances need to be declared.
Failure to mention a change in circumstances could be seen as misrepresentation, which has the potential to lead not only to the refusal of your application but also to a five-year ban on Canadian immigration.
Example: Amar, who ranks at the lower end of his round of invitation, gets a divorce after receiving his invitation to apply (ITA) for PR.
However, the divorce causes his CRS points to change and – in this case – drop.
After recalculation of points, his new CRS score is lower than the lowest-ranked person in his round of invitations.
In this case, his application is refused due to this change in personal circumstances.
Solution: Although it’s sometimes impossible to avoid changes in circumstances, it is important to be honest 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 invitations.
Canadian immigration programs have clearly defined eligibility criteria for work experience. Immigration officers are trained to ensure candidates meet all minimal requirements.
Example: Om Kapoor had 30 years of experience as a Bollywood actor.
However, upon review, he did not have one year of continuous experience in the 10 years preceding the date of the application, as most of his experience took place for shorter time-periods or were voluntary and unpaid.
Despite a 30+ year career, he did not meet the minimum work experience requirement.
Solution: Carefully review the eligibility criteria for your chosen immigration program, especially the specific wording around work experience.
Just like work experience requirements, immigration programs also have specific language proficiency criteria.
In addition to meeting the minimum scores, candidates must ensure their test results are up-to-date and obtained from an IRCC-approved language testing organization, and meet the requirements for the type of application they are submitting.
For example, TOEFL iBT test is valid to show English language proficiency for study permits but not for those applying for permanent residence.
Language tests that are accepted for Canadian immigration are valid for two years form the date of the test.
You language tests must still be valid at the time you submit your application for PR.
Example: Laura receives an invitation to apply on November 22, 2020, under Canadian Experience Class (CEC), and submits her Application for PR (APR) on December 17, 2020.
Upon review, her language scores meet the required CLB level and have a date of December 2, 2018. Based on this information, she does not meet CEC language requirements because her language test expired as of the APR date.
Solution: Ensure that your test results are current and are accepted tests from IRCC-verified providers.
It is important to thoroughly understand the specific requirements of the PR program as that helps prevent mistakes.
Example:
Auston believes he is eligible for Express Entry through the Canadian Experience Class.
He claims work experience as a Research Assistant with the University of Toronto from September 2019 to October 2020, and has an employment letter signed by a well-known professor.
He was in status from September 2018 to April 2020 under both a study permit and co-op work permit, and was granted a post-graduation work permit on March 20, 2020.
Since Auston's employment listed was concurrent to full-time studies, it does not qualify as work experience under CEC.
In order to qualify for CEC, work experience must
Be paid work (volunteering or unpaid internships don’t count);
Have been gained as an employee (self-employment doesn't count);
Not have been gained while a full-time student (even if you were on a co-op work term);
Be in TEER 0, 1, 2, or 3 of the National Occupation Classification system;
Have been gained by working in Canada (if remote work, you must have been physically in Canada and working for a Canadian employer);
Have been gained while authorized to work under temporary resident status;
Contain duties that align with the lead statement and main responsibilities of the NOC code claimed.
Be at least 1 year of full-time work (30 hours per week) or 1560 hours in total (you cannot count more than 30 hours per week); and
Have been gained within the previous three years before your application.
Solution: For this, it’s best to carefully review the criteria for the specific program or consult with a licensed immigration consultant or lawyer to make sure you avoid common mistakes.
Overlooking medical or police checks
Some people are considered inadmissible to Canada under the country’s immigration law. Inadmissibility can happen due to a variety of reasons including criminal, financial, medical, security reasons or due to misrepresentation.
It’s important to consider that even if a person meets all the eligibility criteria for immigration, their application might be refused on grounds of inadmissibility.
This also counts for cases in which a family member (such as a spouse or dependent) is inadmissible.
Example: Apu is a web developer who meets all the necessary criteria to qualify for CEC. Upon review of his file, it is discovered that his wife is deemed medically inadmissible due to having weak kidneys, with the strong possibility of requiring dialysis in the future.
In this case, Apu is inadmissible under A42 of the Immigration and Refugee Protection Act - having an accompanying family member or non-accompanying family member who is inadmissible.
Solution: Be aware of the different factors that could lead to inadmissibility.
Depending on the case, it is possible to overcome inadmissibility.
For example, in case of medical inadmissibility, it’s possible to seek legal remedy by demonstrating that the foreign national will not exceed the cost threshold of medical treatment in Canada, or to seek an exception to medical in inadmissibility under humanitarian or compassionate grounds.
An experienced immigration consultant or lawyer can help navigate complicated cases.
