Work Permit with LMIA Refusal

[Estefa2805]

Hi, my work permit was refused, but I don't understand the reason they gave me in order for me to solve to reapply, and the Officer have not sent the notes, so I have no more information.

The letter says as follows:

Thank you for your interest in working in Canada. After careful review of your work permit application and supporting documentation under the International Mobility Program, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:
• I am not satisfied that the employer has demonstrated compliance with federal or provincial laws regarding employment or recruitment in the province where you will be working.

I don't know what to do or how to proceed right now, thanks a lot.

 

[Naturgrl]

Hi, my work permit was refused, but I don't understand the reason they gave me in order for me to solve to reapply, and the Officer have not sent the notes, so I have no more information.

The letter says as follows:

Thank you for your interest in working in Canada. After careful review of your work permit application and supporting documentation under the International Mobility Program, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:
• I am not satisfied that the employer has demonstrated compliance with federal or provincial laws regarding employment or recruitment in the province where you will be working.

I don't know what to do or how to proceed right now, thanks a lot.

This is an issue with your employer. IRCC doesn’t believe they are following proper practices for hiring. So talk to your employer and ask for all documents regarding hiring for the position. Ask your employer to contact IRCC.

What is your NOC?

 

[Ewedu]

Weldone@ Naturgrl. But at times one would want to ask the question: Is ESDC from a different country from IRCC?

As little as I know, part of ESDC job before issuing LMIA to employers is to carry out a due diligence on employer seeking for LMIA. The employer is liable to pass/fail to secure LMIA right there in Canada from ESDC.

Why on earth would IRCC be "believing" or "assuming" an employer with a valid LMIA have not follow proper practice of hiring?. Is there proper communication between ESDC and IRCC at all?.

I have noticed for a while now that this baseless refusal of work permit is common among the low skill jobs. Truth be told that a lot of scams in this regard are much out there, however, I believe IRCC have what it takes to check the fake and genuine work permit applicant.

@Naturgrl, as I type, there is one genuine application which I know of and it was refused this exact date. Reasons for refusal was...not Valid LMIA for ESDC. However, the LMIA is valid till December 2023. The applicant reported this to her employer and after some days, the employer responded by saying they have reach out to their Political Representative and IRCC will be reassessing the application, no need to resubmit.

If I may ask, do IRCC reassess the application they've initially refused?

 

[Naturgrl]

Weldone@ Naturgrl. But at times one would want to ask the question: Is ESDC from a different country from IRCC?

As little as I know, part of ESDC job before issuing LMIA to employers is to carry out a due diligence on employer seeking for LMIA. The employer is liable to pass/fail to secure LMIA right there in Canada from ESDC.

Why on earth would IRCC be "believing" or "assuming" an employer with a valid LMIA have not follow proper practice of hiring?. Is there proper communication between ESDC and IRCC at all?.

I have noticed for a while now that this baseless refusal of work permit is common among the low skill jobs. Truth be told that a lot of scams in this regard are much out there, however, I believe IRCC have what it takes to check the fake and genuine work permit applicant.

@Naturgrl, as I type, there is one genuine application which I know of and it was refused this exact date. Reasons for refusal was...not Valid LMIA for ESDC. However, the LMIA is valid till December 2023. The applicant reported this to her employer and after some days, the employer responded by saying they have reach out to their Political Representative and IRCC will be reassessing the application, no need to resubmit.

If I may ask, do IRCC reassess the application they've initially refused?

Two different departments with two different approval processes. IRCC can refuse an application. ESDC focuses on the job offer. IRCC focuses on the employer and employer. IRCC will be more aware of whether the job meets conditions under IRCC (FTA agreements, Canadian interests etc.).

 

[Ewedu]

@Naturgrl Thank you for the explanation. Kindly explain the question on this case:

- On December 2022, A work permit application was refused on the ground of Invalid LMIA from ESDC. However, the expiry date of the LMIA is December 2023.

- Applicant/Employee emailed the refusal letter to the Employer.

- After some days, the employer get back to the employee, that they have consulted their political representative on the refusal issue. IRCC will be reassessing the application, the employee don't need to resubmit.

My question is these:

1. Do employers/political representative in Canada have the will to enable IRCC reassess application that was wrongly refused?
2. How long will it take for this reassessment?

 

[Naturgrl]

@Naturgrl Thank you for the explanation. Kindly explain the question on this case:

- On December 2022, A work permit application was refused on the ground of Invalid LMIA from ESDC. However, the expiry date of the LMIA is December 2023.

- Applicant/Employee emailed the refusal letter to the Employer.

- After some days, the employer get back to the employee, that they have consulted their political representative on the refusal issue. IRCC will be reassessing the application, the employee don't need to resubmit.

My question is these:

1. Do employers/political representative in Canada have the will to enable IRCC reassess application that was wrongly refused?
2. How long will it take for this reassessment?

1. Nothing to do with politics. IRCC can reassess but still refuse.
2. No timelines but consider current processing times.

 

[Ewedu]

Thank you @Naturgrl