To,

Minister of Immigration, Refugees and Citizenship of Canada,

Subject: Reporting a technical issue that did not allow eligible candidates to avail the opportunity under TR to PR pathway: Workers in Canada: essential, non-health care (English speaking).

We would like to bring the following issue to your attention and expect your appropriate action on this issue.  

As you are aware, there were so many applicants in Canada who applied their PR application under TR to PR Pathway English speaking Workers in -Canada: Stream B (Essential non-healthcare) class. Unfortunately, they are getting refusal letters on the ground that they submitted application under TR to PR Pathway: French-Speaking Workers in-Canada: Stream B (essential non-healthcare) class and as such they did not meet the requirements of the program. However, that was not the reality of the refused files.

 We are hereby requesting to reconsider the decision of refusal on the following grounds:

1.     Most of the Applicants did not choose French-Speaking Workers in-Canada: Stream B (essential non-healthcare) option to submit PR application under TR to PR Pathway as they were aware that they are not eligible under French speaking stream instead are eligible under English speaking Workers in -Canada: Stream B (Essential non-healthcare).

2.     As per applicants, the French speaking class was not chosen intentionally by the applicants but by the portal due to some technical glitch in the portal. However, we understand that it could have been an unintentional human error as well. But, it cannot be justified because it was not the case of just one application but so many applications were refused on this ground. Even if that was the case, the applicants should have been given procedural fairness opportunity instead of refusing the PR application because for some applicants this was the only opportunity to get PR status.

3.     Moreover, the documents provided in the application were supporting the English-speaking stream (essential non- healthcare workers) that included IELTS Test report form.

4.     Additionally, in the Form IMM 0130, all the applicants selected Workers in-Canada: Stream B and singed the form which clearly revealed that applicants submitted their application under Workers in -Canada: Stream B under which they were eligible. Applicants should not suffer due to technical error of online portal.

5.     Applicants did not get an opportunity of hearing before refusing their PR application. They were not even aware of the stream selection issue.

6.     Applicants had options to choose Workers in-Canada: Stream B (Essential non-healthcare) class before this stream was closed and all applicants submitted their applications before closing the Workers in-Canada: Stream B (Essential non-healthcare) class.

7.     Applicants did not have options to submit their file by professional representatives therefore, some of them may have selected wrong category at online portal. But, they have selected correct category at Form IMM0130 and meet all requirements of Workers in -Canada: Stream B (Essential non-healthcare) class.

8.     Applicants should not suffer by getting refusal letters merely on the ground of one wrong click at online portal.

9.     Applicants who submitted their files before closing Workers in -Canada: Stream B (Essential non-healthcare) class who meet all other requirements of program except selecting wrong category (French-Speaking Workers in-Canada: Stream B (essential non-healthcare) in the portal but not the IMM 0130 form must be accommodated under TR to PR Pathway and reprocess their applications.

10.  None the less, it is crucial to mention here that under the TR to PR international student category due to technical issues, the portal did not close when it reached the limit of 40,000 applications. Therefore, 7000 more applications were submitted. All the extra applications were also accepted and processed because it was not due to applicants’ fault but portal’ s technical issue.

11.  Refused applicants are very demotivated and feel that the immigration department did not commence fair processing of applications. They want reconsideration of their files as they are eligible to achieve the desired status that other applicants got.

          It is therefore a kind request to reconsider the refusal decisions of applicants and allow the PR application of applicants who filed their applications under TR to PR Pathway English speaking Workers in Canada (essential non-health care) stream.