Professionals and technicians – CPTPP [R204(a) – T52] – Agreements or arrangements – International Mobility Program

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

In these instructions “officers” refers to employees of both Immigration, Refugees and Citizenship Canada and the Canada Border Services Agency.

The instructions on this page should be reviewed in conjunction with:

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) is an international trade agreement between Canada and multiple countries, and as such any work permit applications are assessed under paragraph 204(a) of the Immigration and Refugee Protection Regulations (IRPR). This regulatory section falls under the International Mobility Program (IMP).

The CPTPP contains provisions for the temporary entry of professionals and technicians.

Annex 12-A Section D of the CPTPP includes a list of occupations on a country-by-country basis permitted under the professionals and technicians category for citizens of Australia (and Australian permanent residents), Brunei, Chile, Japan, Mexico, Peru and Malaysia.

Note: These provisions do not apply to citizens or permanent residents of New Zealand, Singapore and Vietnam.

Professionals and technicians can also be authorized to enter Canada as business visitors (General Service provision of Annex 12-A Section A of the CPTPP) under R186(a) when they are not seeking to enter the labour market (meet criteria applicable to business visitors) but will be performing activities such as soliciting business, consulting, providing advice and meeting clients.

See Business visitors – CPTPP [R186(a)] – Authorization to work without a work permit – International Mobility Program for more information.

On this page

Eligibility

There are differences between the requirements for professionals and for technicians.

Professionals

To qualify as a professional, in addition to the country-specific requirements, the applicant must

  • be a citizen of an eligible CPTPP country (including Australian permanent residents)
  • have an offer of employment in an occupation requiring a theoretical and practical application of a body of specialized knowledge
    • if the application is received on or before November 15, 2022, it is a National Occupational Classification (NOC) 0, A or B occupation.
    • if the application is received on or after November 16, 2022, it is a Training, Education, Experience and Responsibilities (TEER) 0 or 1 occupation.
  • have pre-arranged employment with a Canadian employer in an eligible occupation identified in Annex 12-A Section D according to their country of citizenship or permanent residence (see Country-specific occupations )
  • have a post-secondary degree of 4 or more years of study, unless other specified by the country-specific requirements, and any additional educational requirements as per their specific occupation in the NOC
  • have 2 years of paid work experience in the sector of activity of the contract
  • be remunerated at a level commensurate with other similarly qualified professionals in the industry and region where the work is performed
    • Such remuneration should not include non-monetary elements, such as housing costs and travel expenses.
    • The assessment of the level of remuneration should be based on the prevailing wage. The prevailing wage is the highest of either:
      • the regional median hourly wage (or salary) for the occupation posted on Job Bank’s Compare wages page
        • If the median wage is listed as “n/a”, consult the provincial or territorial wage. If it is not available, consult the national wage.
      • or
      • the wage that is within the wage range that the employer is paying their current employees hired for the same job and work location, and with the same skills and years of experience

Technicians

To qualify as a technician, in addition to any country-specific requirements, the applicant must

  • be a citizen of an eligible CPTPP country (including Australian permanent residents)
  • have an offer of employment in an occupation requiring a theoretical and practical application of a body of specialized knowledge
    • if the application is received on or before November 15, 2022, it is a NOC B occupation.
    • if the application is received on or after November 16, 2022, it is a TEER 2 or 3 occupation.
  • have pre-arranged employment with a Canadian employer in an eligible occupation identified in Annex 12-A Section D according to their country of citizenship or permanent residence (see Country-specific occupations )
  • have a post-secondary or technical degree of 2 or more years of study as a minimum entry requirement for the occupation and any other additional educational requirements as per their specific occupation in the NOC
  • have 4 years of paid work experience in the sector of activity of the contract
  • be remunerated at a level similar to other similarly qualified technicians in the industry in the region of the work
    • Such remuneration should not include non-monetary elements, such as housing costs and travel expenses.
    • The assessment of the level of remuneration should be based on the prevailing wage. The prevailing wage is the highest of either:
      • the regional median hourly wage (or salary) for the occupation posted on Job Bank’s Compare wages page
        • If the median wage is listed as “n/a”, consult the provincial or territorial wage. If it is not available, consult the national wage.
      • or
      • the wage that is within the wage range that the employer is paying their current employees hired for the same job and work location, and with the same skills and years of experience

Documentary evidence

A foreign national must provide sufficient documentary evidence to satisfy an officer that they are eligible for entry.

The following documents are required:

  • proof of citizenship or permanent residence in an eligible CPTPP country
  • an offer of employment submitted through the Employer Portal or through alternate means if authorized
    • The offer of employment provides confirmation of the pre-arranged employment
    • the proposed employer in Canada;
    • the profession for which entry is sought;
    • details of the position (title, duties, duration of employment, arrangements as to payment; and
    • the educational qualifications or alternative credentials required for the position.
  • proof of educational qualifications and any additional credentials required to discharge job duties in Canada (such as licensing or certification)
  • if the occupation is regulated by the province or territory, evidence of licensing or certification in their occupation from the applicable Canadian or foreign regulatory body (see Regulated or certified occupations – Processing of work permit applications )
  • proof of work experience
  • The onus is on the foreign national to provide evidence that they meet the eligibility criteria. Evidence may include, but is not limited to, the following:
    • reference letters
    • letter of support from the company
    • job descriptions that outlines the level of training acquired
    • years of experience in the field
    • degrees or certifications obtained in the field
    • list of publications and awards (where applicable)
    • a detailed description of the work to be performed in Canada

Important: The Canadian company must submit an offer of employment and pay the employer compliance fee through the IRCC Employer Portal, as it is the Canadian company that is creating the need for the temporary worker to enter Canada. The offer of employment does not establish the standard employee-employer relationship as normally understood in the labour force; however, the company submitting the offer of employment is responsible for the conditions outlined in the regulations for the International Mobility Program, and may be subject to the employer compliance regime.

Application assessment

Language requirement

If an officer has concerns about the applicant’s ability to communicate in 1 of the 2 official languages, the officer may ask the applicant to provide evidence to satisfy the officer that the applicant’s language abilities will permit them to perform the specific job for which they were hired and that they understand the health and safety requirements of their workplace.

Officers may request documentary evidence, such as the level of English- or French-language education obtained, correspondence with the intended employer and examples of previous work undertaken in countries where English or French is an official language, to aid them in assessing language ability.

See Assessing language requirements  for instructions on how officers can assess language ability.

Note: An applicant whose letter of offer outlines specific official language requirements must satisfy the officer that they meet those requirements.

Length of stay

The initial length of stay is 1 year.

Extensions are allowed if the applicant is able to provide documentation that satisfies the processing officer of their need to have their stay extended.

See Extending work permits under the CPTPP  for details on when an application can be extended.

Review of the offer of employment

When assessing if the work permit application meets the requirements for a CPTPP professional or technician, officers should review the offer of employment that appears under the Employment Details tab in the Global Case Management System (GCMS) for information provided by the employer or the matching fields on the IMM 5802 form (if the employer was authorized to use it).

Field Considerations

LMIA Exemption Code

T52 – CPTPP – R204(a) – Professionals and technicians

Requirements Exemptions Met

Information in this field outlines how the job and the foreign national meet the regulatory and trade agreement requirements, including that the applicant

  • will work in a TEER 0, 1, 2 or 3 occupation (or NOC 0, A or B occupation) if the application is received on or before November 15, 2022) listed in the country-specific occupations
  • has the minimum educational and work experience requirements of their TEER category and occupation
  • has the required licence or certification if their occupation is regulated in the province or territory of destination

NOC and Job Title

Ensure that the occupational code and title are in the appropriate TEER for the occupation capacity.

Duration

1 year maximum duration for initial work permit

Employer

Does the offer of employment provide confirmation of the pre-arranged employment?

Is the proposed employer in Canada?

Does the offer of employment give accurate details of the profession for which entry is sought:

  • title
  • duties
  • duration of employment
  • arrangements as to payment?

Duties and Job Requirements

These are the activities that the foreign national will be performing.

  • Do they align with the occupation?
  • Are there specific requirements that align with the professional or technician category of the applicant?
  • Does the employer require more than the minimum amount of paid work experience?

Wages

Is the remuneration similar to other similarly qualified professionals or technicians in the industry in the region where the work is performed?

Officers should confirm that the wages are reasonable for the occupation. To prevent wage suppression, wages should not be lower than the prevailing wage for the occupation in the location of work.

Additional allowances provided outside of wages are not to be included when assessing if wages meet the prevailing wage. For example, housing or travel allowances.

There is no requirement that the foreign national be paid by the Canadian enterprise or in Canadian dollars. However, wages in the offer must be consistent with the Canadian prevailing wage, regardless of currency used.

Minimum Education Requirements

Do the educational requirements outlined in the offer of employment align with the minimum education requirements of the professional or technician category?

Are there additional or alternative requirements for this occupation defined in the NOC?

Other Training Required

The employer may indicate specialty training as a requirement.

Provincial/Federal Certification, Licensing or Registration

The employer should list any specific certification, licensing or registration required in Canada.

Documented evidence should be provided with the application if the occupation is regulated by the province or territory; however, some occupations may require the foreign national to write an exam after they enter Canada, for example, for a licence from a regulated body or a first aid certificate.

Refer to Employer-specific work permits – General processing – International Mobility Program  for further guidance

Pre-arranged employment

In this context, the Canadian employer may be an enterprise or an individual. The following are some examples of pre-arranged employment:

  • an employee-employer relationship with a Canadian enterprise; or
  • a contract between the professional and a Canadian enterprise; or
  • a contract between the professional’s employer from an eligible CPTPP country and a Canadian enterprise.

Important: The professionals and technicians category does not allow self-employment in Canada (i.e., soliciting business in the Canadian labour market). However, a citizen from a CPTPP country (or Australian permanent resident) who is self-employed outside Canada is not barred from the Professional and technicians category, provided the services to be rendered in Canada are pre-arranged with a Canadian employer.

Self-employment

If the Canadian enterprise is substantially controlled by the applicant, it is considered to be self-employment. For example, if the Canadian enterprise offering the employment is a sole proprietorship operated by the applicant, then entry cannot be granted under the Professionals and technicians category. Additionally, if the Canadian enterprise is legally distinct from the applicant, for example, a legal corporate entity but the entity is substantially controlled by the applicant, entry as a professional or technician must also be refused.

In order to determine if an enterprise is substantially controlled by the applicant, the following factors must be taken into account:

  • whether the applicant has established the business;
  • whether the applicant has primary, sole, or de facto control of the business;
  • whether the applicant is the primary, sole, or de facto owner of the business;
  • whether the applicant is the primary, sole, or de facto recipient of income of the business.

When a professional or technician applies for a renewal of a work permit, the following activities may indicate that the applicant has been self-employed in Canada:

  • incorporation of a company in Canada expressly for the purpose of the business person being self-employed (incorporating does not automatically signify self-employment; the motives for incorporation need to be examined before making a determination);
  • initiation of communications (e.g., “job hunting” by direct mail or by advertising);
  • responding to advertisements for the purpose of obtaining employment or contracts; or
  • establishing an office which serves as a way to advertise (i.e., a “sign or a shingle” outside the door).

The following activities do not constitute self-employment:

  • responding to unsolicited inquiries about service which the professional or technician may be able to perform; or
  • establishing an office from which to deliver pre-arranged service to clients.

Occupational qualifications

A professional or technician must be entering Canada to provide professional level services (TEER 0, 1, 2 or 3) in an eligible occupation for which they are qualified. In making this determination, both the qualification of the individual and the position in Canada must be considered.

For regulated professions , the officer must be satisfied that the professional or technician has or can obtain the necessary licensing so that the applicant may perform the work sought.

In instances where a baccalaureate degree is required, the degree must be in the specific field or in a closely related field.

It is possible for a professional or technician to be working in Canada on more than one contract at a time. A work permit must be issued for each individual contract.

Training

Professionals or technicians with a valid work permit can provide training related to their profession, including conducting seminars.

The training session must be pre-arranged with a Canadian employer and the subject matter must be at the professional level. Entry does not allow seminar leaders to engage in training that is not pre-arranged with a Canadian employer.

The training must form part of the professional training or development of the participants and must be related to their job duties.

Country-specific occupations

Australia

Professionals

Canadian educational requirements for Australian professionals should be deemed to be met whenever an Australian professional has met the Australian equivalent educational qualification. This is generally a 3-year bachelor’s degree. Australian professionals also require a letter provided by the Canadian client or employer, indicating that the Australian professional’s qualifications are acceptable in Canada.

Note: A bachelor’s degree in Australia can be obtained after 3 years of study.

All TEER 0 and 1 occupations (NOC 0 or A for applications received on or before November 15, 2022) are permitted, except the following:

  • health, education and social services occupations and related occupations
  • judges and notaries
  • managers in postal and courier services
  • managers of telecommunications carriers
  • occupations related to cultural industries
  • recreation, sports and fitness program and service directors

Technicians

The following occupations that are listed as TEER 2 and 3 (NOC B for applications received on or before November 15, 2022) are permitted:

  • aircraft instrument, electrical and avionics mechanics, technicians and inspectors
  • architectural technologists and technicians
  • civil engineering technologists and technicians
  • computer and information systems technicians (occupations include elements of TEER 1/ NOC A)
  • construction inspectors and estimators
  • drafting technologists and technicians
  • electrical and electronics engineering technologists and technicians
  • electricians
  • engineering inspectors, testers and regulatory officers
  • graphic designers and illustrators
  • industrial designers
  • industrial engineering technologists and technicians
  • industrial instrument technicians and mechanics
  • interior designers
  • international purchasing and selling agents
  • land survey technologists and technicians
  • mechanical engineering technologists and technicians
  • oil and gas well drillers, servicers and testers
  • plumbers
  • technical occupations in geomatics and meteorology
  • supervisors in the following areas:
    • food, beverage and tobacco processing fields
    • forest products processing field
    • machinists and related occupations
    • mineral and metal processing
    • mining and quarrying
    • oil and gas drilling and service
    • petroleum, gas and chemical processing and utilities
    • plastic and rubber products manufacturing
    • printing and related occupations
    • textile processing
  • Contractors and supervisors in the following areas:
    • carpentry trades
    • electrical trades and telecommunications occupations
    • heavy construction equipment crews
    • installers, repairers and servicers
    • mechanic trades
    • metal forming
    • other construction trades
    • pipefitting trades
    • shaping and erecting trades

Brunei

Professionals

Only highly specialized services and core services categories in the energy sector are permitted

Petroleum Engineers

Chile

Professionals

All TEER 0 and 1 occupations are permitted, except the following:

  • health, education and social services occupations and related occupations
  • occupations related to cultural industries
  • recreation, sports and fitness program and service directors
  • managers of telecommunications carriers
  • managers in postal and courier services
  • judges, lawyers and notaries, except for foreign legal consultants

Technicians

The following occupations that are listed as TEER 2 and 3 are permitted:

  • aircraft instrument, electrical and avionics mechanics, technicians and inspectors
  • civil engineering technologists and technicians
  • computer and information systems technicians (occupation includes elements of TEER 1)
  • construction inspectors and estimators
  • electrical and electronics engineering technologists and technicians
  • electricians
  • engineering inspectors, testers and regulatory officers
  • graphic designers and illustrators
  • industrial engineering technologists and technicians
  • industrial instrument technicians and mechanics
  • interior designers
  • international purchasing and selling agents
  • mechanical engineering technologists and technicians
  • oil and gas well drillers, services and testers
  • plumbers
  • supervisors in the following areas:
    • food, beverage and tobacco processing
    • forest products processing
    • machinists and related occupations
    • mineral and metal processing
    • mining and quarrying
    • oil and gas drilling and service
    • petroleum, gas and chemical processing and utilities
    • plastic and rubber products manufacturing
    • printing and related occupations
    • textile processing
  • supervisors and contractors in the following areas:
    • carpentry trades
    • electrical trades and telecommunications occupations
    • heavy construction equipment crews
    • installers, repairers and servicers
    • mechanic trades
    • metal forming
    • other construction trades
    • pipefitting trades
    • shaping and erecting trades

Japan

Professionals

All TEER 0 and 1 (NOC 0 or A for applications received on or before November 15, 2022) occupations are permitted, except the following:

  • health, education and social services occupations and related occupations
  • judges, lawyers and notaries, except foreign legal consultants
  • managers in postal and courier services
  • managers of telecommunications carriers
  • occupations related to cultural industries
  • recreation, sports and fitness program and service directors
  • researchers, except those intending to work at an academic entity in Canada

Technicians

A Japanese associate’s degree, the equivalent of such a degree or a higher level of education is required.

The following occupations that are listed as TEER 2 and 3 (NOC B for applications received on or before November 15, 2022) are permitted:

  • aircraft instrument, electrical and avionics mechanics, technicians and inspectors
  • architectural technologists and technicians
  • civil engineering technologists and technicians
  • computer and information systems technicians (occupations include elements of TEER 1/ NOC A)
  • construction inspectors and estimators
  • drafting technologists and technicians
  • electrical and electronics engineering technologists and technicians
  • engineering inspectors, testers and regulatory officers
  • graphic designers and illustrators
  • industrial designers
  • industrial engineering technologists and technicians
  • industrial instrument technicians and mechanics
  • interior designers
  • international purchasing and selling agents
  • land survey technologists and technicians
  • mechanical engineering technologists and technicians
  • oil and gas well drillers, servicers and testers (excluding operators)
  • technical occupations in geomatics and meteorology
  • supervisors in the following areas:
    • carpentry trades
    • electrical trades and telecommunications occupations
    • food, beverage and tobacco processing
    • forest products processing
    • heavy construction equipment crews
    • installers, repairers and servicers
    • machinists and related occupations
    • mechanic trades
    • metal forming
    • mineral and metal processing
    • mining and quarrying
    • oil and gas drilling and service
    • other construction trades
    • petroleum, gas and chemical processing and utilities
    • pipefitting trades
    • plastic and rubber products manufacturing
    • printing and related occupations
    • shaping and erecting trades
    • textile processing

Malaysia

Professionals

All of the following TEER 0 and 1 (NOC 0 or A for applications received on or before November 15, 2022) occupations are permitted:

  • actuaries
  • aerospace engineers
  • architects
  • architecture managers
  • chemical engineers
  • civil engineers
  • computer and information systems managers
  • computer engineers
  • computer programmers and interactive media developers
  • database analysts and data administrators
  • electrical and electronics engineers
  • financial analysts
  • financial auditors and accountants
  • geological engineers
  • industrial and manufacturing engineers
  • information systems analysts and consultants
  • landscape architects
  • mechanical engineers
  • metallurgical and materials engineers
  • mining engineers
  • other professional engineers
  • petroleum engineers
  • software engineers
  • urban and land use planners
  • veterinarians
  • web designers and developers

Technicians

There are no provisions under the CPTPP to facilitate the entry into Canada of Malaysian citizens as technicians.

Mexico

Professionals

All TEER 0 and 1 (NOC 0 or A for applications received on or before November 15, 2022) occupations are permitted, except the following:

  • health, education and social services occupations and related occupations
  • judges, lawyers and notaries, except foreign legal consultants
  • managers in postal and courier services
  • managers of telecommunications carriers
  • occupations related to cultural industries
  • recreation, sports and fitness program and service directors

Technicians

The following occupations that are listed as TEER 2 and 3 (NOC B for applications received on or before November 15, 2022) are permitted:

  • civil engineering technologists and technicians
  • computer and information systems technicians (occupations include elements of TEER 1/ NOC A)
  • construction inspectors and estimators
  • electrical and electronics engineering technologists and technicians
  • electricians
  • engineering inspectors, testers and regulatory officers
  • graphic designers and illustrators
  • industrial engineering technologists and technicians
  • industrial instrument technicians and mechanics
  • interior designers
  • mechanical engineering technologists and technicians
  • contractors and supervisors in the following areas:
    • electrical trades and telecommunications occupations
    • heavy construction equipment crews
    • installers, repairers and servicers
    • other construction trades

Peru

Professionals

All TEER 0 and 1 (NOC 0 or A for applications received on or before November 15, 2022) occupations are permitted, except the following:

  • health, education and social services occupations and related occupations
  • judges, lawyers and notaries, except foreign legal consultants
  • managers in postal and courier services
  • managers of telecommunications carriers
  • occupations related to cultural industries
  • recreation, sports and fitness program and service directors

Technicians

The following occupations that are listed as TEER 2 and 3 (NOC B for applications received on or before November 15, 2022) are permitted:

  • civil engineering technologists and technicians
  • construction inspectors and estimators
  • engineering inspectors, testers and regulatory officers
  • industrial engineering technologists and technicians
  • mechanical engineering technologists and technicians
  • supervisors in the following areas:
    • food, beverage and tobacco processing
    • forest products processing
    • machinists and related occupations
    • mineral and metal processing
    • mining and quarrying
    • oil and gas drilling and service
    • petroleum, gas and chemical processing and utilities
    • plastic and rubber products manufacturing
    • printing and related occupations
    • textile processing
  • contractors and supervisors in the following areas:
    • aircraft instrument, electrical and avionics mechanics, technicians and inspectors
    • architectural technologists and technicians
    • carpentry trades
    • computer and information systems technicians (occupations include elements of TEER 1/ NOC A)
    • drafting technologists and technicians
    • electrical and electronics engineering technologists and technicians
    • electrical trades and telecommunications occupations
    • electricians
    • graphic designers and illustrators
    • heavy construction equipment crews
    • industrial designers
    • industrial instrument technicians and mechanics
    • installers, repairers and servicers
    • interior designers
    • international purchasing and selling agents
    • land survey technologists and technicians
    • mechanic trades
    • metal forming
    • oil and gas well drillers, servicers and testers
    • other construction trades
    • pipefitting trades
    • plumbers
    • shaping and erecting trades
    • technical occupations in geomatics and meteorology

Spousal provisions (LMIA exemption code T53)

“Spouse” or “spousal” in this section refers to both married spouses and common-law partners.

Spousal eligibility is based on the citizenship or permanent resident status of the principal applicant and their occupational level. The spouse or common-law partner does not have to be a citizen or national of 1 of the countries listed to apply.

Professionals

An open work permit may be issued to the spouse or common-law partner of a professional if the principal applicant is either of the following:

  • a citizen of Australia, Chile, Japan or Mexico
  • a permanent resident of Australia

Technicians

An open work permit may be issued to the spouse or common-law partner of a technician if the principal applicant is either of the following:

  • a citizen of Australia, Chile, Japan or Mexico
  • a permanent resident of Australia

Note: The open work permit should have a validity that matches the principal applicant’s work permit. The spouse or common-law partner’s work permit may be issued at a port of entry (POE).

Final decision

Approval

The work permit will be issued under the authority of paragraph R204(a).

In GCMS, under the Application screen, officers should enter the information below in the specified fields.

Field Selection or input

Case type

52

Province of destination

The province of destination entered by the applicant should match the address of employment in the IMP offer of employment. This information is under the Employment Details – LMIA-exempt tab.

If there is more than one location, officers should enter the primary location in the “Province of destination” field and the secondary location in the “User remarks” field.

City of destination

The city of destination entered by the applicant should match the address of employment in the IMP offer of employment. This information is under the Employment Details – LMIA-exempt tab.

If there is more than one location, officers should enter “Unknown” in the “City of destination” field and “As per the offer” in the “User remarks” field.

Exemption code

T52 – CPTPP – R204(a) – Professionals and technicians

This code is auto-populated from the IMP offer of employment.

NOC

The NOC code is auto-populated from the IMP offer of employment.

Intended occupation

Job title

This is auto-populated from the IMP offer of employment.

LMIA/LMIA-exempt #

“A” number from the work permit application.

This number is auto-populated from the work permit application, and it is what is used to “match” in the Portal. If the work permit application was submitted on paper, the officer must manually enter the number.

Employer

Business operating name

Duration

Officers may issue a work permit that is valid for the duration of the offer of employment (up to 1 year) or until the expiry of the travel document, whichever is earlier.

Refer to Validity period for work permits

Note: If the employer is authorized to use an IMM 5802 form instead of completing the offer of employment through the Employer Portal, please see Employer-specific work permits – General processing – International Mobility Program .

Refusal

If an officer is not satisfied that all the requirements of R200, including the assessment under R204(a), are met, they must record their reasons and outline the rationale underlying the decision as well as the facts and elements considered. They must also provide an explanation for the decision in a case note.

A decision is reasonable and therefore defendable when another person is able to trace the decision maker’s reasoning, without encountering fatal flaws in the overarching logic, and is satisfied that there is a line of analysis within the given reasons that could reasonably lead the tribunal from the evidence before it to the decision maker’s conclusion.

The officer needs to engage with the documentary evidence that was provided by the applicant.  Simply stating ‘I have reviewed the submissions and I am not satisfied that R204 is met’ is not sufficient for another reasonable person to understand the logic of the decision without reviewing all of the evidence again.

Refusal reasons should clearly indicate which criteria or what requirement of R200 was not met and explain how the conclusion was reached.

For assistance, officers can follow the steps in Decision making: Standard of review and process for making a reasonable decision.

Refusal grounds in the GCMS

The GCMS has standard text for refusal grounds. Officers should ensure that the refusal grounds selected for the refusal letter match the reasons that they have stated in their case note.

If an officer has reasonable grounds to believe that the applicant is not able to perform the work sought, they should select the paragraph “R200(3)(a) You were not able to demonstrate that you will be able to adequately perform the work you seek.” Officers should ensure that they clearly indicate in their refusal notes why they are not satisfied.

Given that there is no specific refusal ground for FTA categories in GCMS for when a officer is not satisfied that the criteria has been met, they should select the refusal ground “Other” and add a short explanation in the Comments field that they are not satisfied that section R200 or paragraph R204(a) are met.

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