Top 5 Reasons Express Entry Applications Are Refused—and How to Avoid These Immigration Pitfalls
From incorrect NOC codes to missing documents, here’s why your Express Entry application was refused—and how to avoid a repeat.
Amidst the Canadian law firms and regulated Canadian immigration consultants who understand and can advise you on Canadian immigration matters, there are also endless travel agencies and foreign companies offering immigration services, including faceless, nameless websites offering their services in Canadian immigration without revealing who is going to prepare the application. 
Foreign lawyers can be legitimately practicing law in their native country, but they are not permitted to practice Canadian immigration law as per the Immigration and Refugee Protection Act (IRPA); the same applies to travel agencies or any other entity or individual who has no official authorization to represent you regarding Canadian immigration law.
Risks of being represented by unlicensed professionals
Being represented by unlicensed professionals comes with many risks. One of the most problematic is misrepresentation; these unprofessional companies like to take shortcuts and distort or conceal the facts, which may lead to misrepresentation, and thus a 5-year bar for you, the applicant, as the applicant is the one responsible for mistakes on his or her application.
Rules aren’t the only thing they have limited regard for, either. They just fill out the forms, but they do not advocate for your benefit; they submit your application on your behalf as if it is you who is submitting. Their lack of a proper understanding of Canadian immigration laws and guidelines also means that any advice or assistance they do give you may not be trustworthy. They don’t know enough to tell you what you should do. Do these travel agencies and nameless companies really advocate on your behalf?
Who makes the misrepresentation and when?
The applicant is, of course, ultimately responsible for his or her own misrepresentations. If a procedural fairness letter was sent to what is allegedly your email address (but is actually an email created by your unlicensed representative — let’s say your travel agency), and that letter never reaches you, thereby making you unable to rebut the concerns that an immigration officer may have, it would not be legally defensible that you didn’t know that a travel agency is not permitted to represent you. As a result, you would be barred for 5 years.
Also, you must disclose if you have received assistance in preparing your application from a person who is compensated or receives a benefit as a result of such assistance. Failure to declare such assistance may result in the refusal of the application or you may be found inadmissible to Canada, as you have not disclosed this fact. If you pay someone to act as your representative, they must meet the requirements for authorized representatives, as listed below. “Ghost consultants” have no knowledge on how to address the issues that immigration officers might have raised. The result? Refusal of your application, or worse — a 5-year bar. Is it worth risking your future?
So who can represent you?
Only Canadian lawyers in good standing with their respectful law society, regulated Canadian immigration consultants (RCICs), and Quebec notaries are eligible to assist in immigrating to Canada for payment (direct or indirect).
Because of the issues with unauthorized representatives, Bill C-35, An Act to Amend the Immigration and Refugee Protection Act (IRPA), came into force on June 30, 2011. The bill created a new offence by extending the prohibition against representing or advising (or offering to represent or advise) immigration applicants or potential applicants to include all stages connected to an application or proceeding, including those prior to the official application being made, and puts penalties in place for those who violate this ruling. And by using the services of someone who isn’t authorized, you, the applicant, might be found to have misrepresented yourself on your application, as you did not disclose that you retained and paid for the services of an organization or an individual that does not fall under one of the three categories permitted to represent for a fee.
The Immigration Consultants of Canada Regulatory Council (“ICCRC”) is responsible for regulating the activities of the immigration consultants who are its members and who provide immigration advice and representation. ICCRC operates at arm’s length from the Government of Canada. Membership is granted only to those individuals who have demonstrated their knowledge and ability to advise and represent people who seek to immigrate to Canada.
Always check if your representative is a licenced Canadian immigration consultant. The risks to your future are too great otherwise. The representatives at Milmantas Immigration are all members of ICCRC, and we are here to help if you need assistance with a Canadian immigration matter. If you need help handling an immigration application, contact us
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Your Resume for Canadian Immigration Purposes
I am writing this blog as I consistently encounter this issue in my practice, and it became clear that prospective temporary permanent applicants need some assistance.
Today, I will discuss how your resume should be prepared for Canadian immigration purposes, as the Canadian resume format is different. It is imperative that your resume is prepared, having in mind that it will be read by an immigration officer. Your resume may be included in submitting your application for a:
- Study permit
- Work permit, and/or
- Permanent resident application, an example, an OINP application
For immigration purposes, a chronological format is the best. After you immigrate to Canada, you will need to amend it again for the Canadian labour market, which has different requirements, as you will need to meet employers’ and recruiters’ needs.
The recruitment industry has changed enormously with the digital age. What worked in the past can be professionally fatal today, as recruiters don’t read resumes anymore—they scan.
The result? You have only 20 seconds to impress the recruiter.
Yes, you might be the best candidate with great qualifications, but if your CV does not communicate that at a glance, you’re done. It is your job to SHOW IMMEDIATELY that you are the ideal candidate. That FIRST IMPRESSION is the most important part of a resume; therefore, you will need to research how to effectively prepare your resume at that time.
For now, I would like to assist you in preparing your resume for your immigration-related applications. Your resume will be read by an immigration officer in charge of your file. Therefore, it needs to meet the immigration requirements.
Every country has different requirements, and a resume prepared for countries in the European Union, or, for an Indian market, most likely will not meet the requirements for Canadian immigration, as immigration officers will be looking for specific information related to your immigration file.
If you’re applying for a specific immigration program, you may also want to check if your resume fits the criteria of the program, in the first place. There are specific rules about which jobs are considered skilled trades or skilled workers. Also, if the job fits the criteria, keep those criteria in mind when writing the descriptions of your past work experience—just make sure that the duties and skills you mention in your description are accurate to the positions you have held. Also, you should review and cross-reference your duties and responsibilities with the corresponding NOC code.
Please also bear in mind that your resume, included in your immigration application, should coincide with your social media accounts, such as Instagram and LinkedIn, as immigration offices DO cross-reference your resume with your social media accounts.
For your ease of reference, attached please find a template of a chronological resume. I trust that these observations and the template will be of assistance to you.
If you intend to come to Canada as a worker, a student or a permanent immigrant and need assistance in submitting your application, please contact us.
Translation of documents for immigration to Canada: Part 2
This is a continuation of Translation of documents for immigration to Canada: Part 1
Unacceptable affidavits and declarations
Accuracy of translated documents
Should the accuracy of the translation appear suspicious, IRCC reserves the right to request a retranslation by a different translator. However, due to the poor accuracy of a translated document, the entire file might lose credibility. Therefore, the counsel should read all the translations and request the translation to be amended, or use the services of another translator.
Based on my experience, it is highly recommended that documents be translated by translators living in Canada, except ID documents such as birth or marriage certificates.
Expiry of translated documents
A translation should be valid indefinitely unless the source document has changed or has expired. The only time the translation would expire and a new translation would be required is if the original document has expired or changed and the applicant submits a new one.
Applications submitted without translations
Applicants who submit required documents without accompanying translations will have their application returned as incomplete or refused, as immigration officers are not obligated to consider documents written in a language other than the state languages of Canada – English or French.
This fact is illustrated in 2017 FC 1105 (CanLII) I Gonzalez Zuluaga v. Canada (Citizenship and Immigration), wherein the Honourable Mr. Justice Martineau indicated that
[ 11] …the officer was entitled not to consider the property titles written in Spanish. In fact, the super visa application guide clearly indicates that documents in a foreign language must be translated into one of Canada’s official languages.
The Case of Hasan Gorgulu and lessons to be learned
The case of Hasan Gorgulu is a worthwhile example of why it is important to ensure the absolute accuracy of the translation of foreign documents. Mr. Gorgulu’s case was brought before Federal Courts in January 2023. Gorgulu, a citizen of Turkey, applied for a pre-removal risk assessment (PRRA) to IRCC. However, although he provided copies of these documents translated into English, they were not certified. Therefore, Gorgulu’s application was refused because the IRCC officer stated that the English documents were not “certified to be accurate by the translator”.
Any documents submitted in a non-official language must be accompanied by an official language translation, complete with a translator’s declaration. The Guide also states that documents submitted only in non-official languages will not be considered, as the federal court states that IRCC personnel cannot be required to understand documents written in non-official languages, because IRCC personnel will not be able to assess the information in the document written in a foreign language, and after all the state languages of Canada are English and French.
Another interesting case to read is Wang v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 8576 (FC).
Failing to provide a complete, accurate and certified translation of foreign-language documents into English or French can have dire consequences for an immigration application.
The final confusing issue is between “a certified or notarized document” and “a certified translation.”
A certified or a notarized document means that a notary public states this is a true copy of the original document.
A certified translation means that the translation is done by a professional translator, not a person himself.
I trust that the presented aspects will allow you to avoid having your documents translated several times and spare you from frustration, stress and waste of time and money when preparing a Canadian immigration application. Always make sure to hire the right translator.
If you have any questions or need further clarification regarding your application, don’t hesitate to book an online consultation.