Visitor Record Refused While Waiting for LMIA

[TinkerBell10]

Hello everyone,

I am so deeply upset and I need your valuable experiences and advices.

My work permit expired on Feb 09,2023 and I applied for visitor record while waiting for my LMIA submission. Because this is a first time my employer (not the previous one) apply for a LMIA, she had to reset password for any related accounts she had . It took so much time that's why I need to apply for a visitor record before the expiration. LMIA application submitted on March 29,2023.

Since March 29 till now, I do not get any update about LMIA application. The employer is still waiting for an interview as well as paying fee.

May 29,2023, I got a refusal letter of visitor record with the same format refusal. It means that I am now out-of-status in Canada.

I have some queries:

1) LMIA application was done by a RCIC and he said that my employer must be interviewed then she will follow the link an officer sent to pay fee. Is it a right way when applying for a LMIA? Because I need a LMIA receipt/number or any documents to prove that I apply for a visitor record because I am waiting for work permit. The RCIC cannot provide anything to me.
2) Because of refusal, can I apply again? Do I still have 90 days for restoration of my visitor record?

I am so confused and I need your helps. Thank you so much for your time

 

[scylla]

Hello everyone,

I am so deeply upset and I need your valuable experiences and advices.

My work permit expired on Feb 09,2023 and I applied for visitor record while waiting for my LMIA submission. Because this is a first time my employer (not the previous one) apply for a LMIA, she had to reset password for any related accounts she had . It took so much time that's why I need to apply for a visitor record before the expiration. LMIA application submitted on March 29,2023.

Since March 29 till now, I do not get any update about LMIA application. The employer is still waiting for an interview as well as paying fee.

May 29,2023, I got a refusal letter of visitor record with the same format refusal. It means that I am now out-of-status in Canada.

I have some queries:

1) LMIA application was done by a RCIC and he said that my employer must be interviewed then she will follow the link an officer sent to pay fee. Is it a right way when applying for a LMIA? Because I need a LMIA receipt/number or any documents to prove that I apply for a visitor record because I am waiting for work permit. The RCIC cannot provide anything to me.
2) Because of refusal, can I apply again? Do I still have 90 days for restoration of my visitor record?

I am so confused and I need your helps. Thank you so much for your time

1) I can't help with these questions.
2) You need to apply to restore your status. Yes, you have 90 days to do that from the day you were refused. I would do that soon and not wait.

 

[TinkerBell10]

1) I can't help with these questions.
2) You need to apply to restore your status. Yes, you have 90 days to do that from the day you were refused. I would do that soon and not wait.

Thank you for your response. Glad to know that I still have time. I am trying to get more supporting documents for reapplying asap.

 

[Naturgrl]

Hello everyone,

I am so deeply upset and I need your valuable experiences and advices.

My work permit expired on Feb 09,2023 and I applied for visitor record while waiting for my LMIA submission. Because this is a first time my employer (not the previous one) apply for a LMIA, she had to reset password for any related accounts she had . It took so much time that's why I need to apply for a visitor record before the expiration. LMIA application submitted on March 29,2023.

Since March 29 till now, I do not get any update about LMIA application. The employer is still waiting for an interview as well as paying fee.

May 29,2023, I got a refusal letter of visitor record with the same format refusal. It means that I am now out-of-status in Canada.

I have some queries:

1) LMIA application was done by a RCIC and he said that my employer must be interviewed then she will follow the link an officer sent to pay fee. Is it a right way when applying for a LMIA? Because I need a LMIA receipt/number or any documents to prove that I apply for a visitor record because I am waiting for work permit. The RCIC cannot provide anything to me.
2) Because of refusal, can I apply again? Do I still have 90 days for restoration of my visitor record?

I am so confused and I need your helps. Thank you so much for your time

Who is RCIC? Do you mean a licensed consultant? Your employer would have applied for a LMIA and paid the fees. Has your employer even filed for a LMIA because you say that they are waiting to pay the fee. The employer pays the fee and applies for the LMIA and the interview is one of the last steps. Assume your employer is continiung to post the job and interview potential candidates.

 

[TinkerBell10]

Who is RCIC? Do you mean a licensed consultant? Your employer would have applied for a LMIA and paid the fees. Has your employer even filed for a LMIA because you say that they are waiting to pay the fee. The employer pays the fee and applies for the LMIA and the interview is one of the last steps. Assume your employer is continiung to post the job and interview potential candidates.

The RCIC (Regulated Canadian Immigration Consultant) with RCIC number. The RCIC is in charge of LMIA submission and he said to the employer that the application submitted (without fee paid) with a screenshot of email submission provided (not a submission letter or any pdf files). He guided her to wait for an interview and then she can pay the fee. She keeps waiting and waiting for the interview. Yesterday, the RCIC contacted SC and they can't file the LMIA application. I don't know what happens now

 

[scylla]

The RCIC (Regulated Canadian Immigration Consultant) with RCIC number. The RCIC is in charge of LMIA submission and he said to the employer that the application submitted (without fee paid) with a screenshot of email submission provided (not a submission letter or any pdf files). He guided her to wait for an interview and then she can pay the fee. She keeps waiting and waiting for the interview. Yesterday, the RCIC contacted SC and they can't file the LMIA application. I don't know what happens now

What is SC?

 

[TinkerBell10]

What is SC?

Service Canada

 

[Naturgrl]

The RCIC (Regulated Canadian Immigration Consultant) with RCIC number. The RCIC is in charge of LMIA submission and he said to the employer that the application submitted (without fee paid) with a screenshot of email submission provided (not a submission letter or any pdf files). He guided her to wait for an interview and then she can pay the fee. She keeps waiting and waiting for the interview. Yesterday, the RCIC contacted SC and they can't file the LMIA application. I don't know what happens now

RCIC is the college of immigration consultants, and they license people. RCIC is not your consultant. So you have hired a licensed immigration consultant. I honestly don’t think your consultant knows how to handle LMIAs. Attached is the IRCC link on how to apply for a LMIA. As you will read, it says fill out the forms and pay the fees. If you don’t pay the fees, there is no interview. Not sure why your consultant cannot file a LMIA.

https://www.canada.ca/en/employment-social-development/services/foreign-workers/permanent/apply.html#h2.2

 

[TinkerBell10]

RCIC is the college of immigration consultants, and they license people. RCIC is not your consultant. So you have hired a licensed immigration consultant. I honestly don’t think your consultant knows how to handle LMIAs. Attached is the IRCC link on how to apply for a LMIA. As you will read, it says fill out the forms and pay the fees. If you don’t pay the fees, there is no interview. Not sure why your consultant cannot file a LMIA.

https://www.canada.ca/en/employment-social-development/services/foreign-workers/permanent/apply.html#h2.2

Oh thanks for your clarification. I need to discuss with him about the process. Thank you so much

 

[Naturgrl]

Service Canada

Service Canada has no involvement in the process. Not sure why consultant would contact Service Canada. It is EDSC and IRCC. I think a) your consultant has no clue how to file for a LMIA and b) consultant is stringing you along and has done absolutely no work on the LMIA.

 

[scylla]

RCIC is the college of immigration consultants, and they license people. RCIC is not your consultant. So you have hired a licensed immigration consultant. I honestly don’t think your consultant knows how to handle LMIAs. Attached is the IRCC link on how to apply for a LMIA. As you will read, it says fill out the forms and pay the fees. If you don’t pay the fees, there is no interview. Not sure why your consultant cannot file a LMIA.

https://www.canada.ca/en/employment-social-development/services/foreign-workers/permanent/apply.html#h2.2

I don't completely agree with all of this. It's actually quite common for their to be an employer interview as part of the LMIA process. This is very normal.

However I do agree it's not at all clear where this LMIA application stands and therefore really impossible to give OP any real advice on what to do next (apart from applying for restoration).

 

[Naturgrl]

I don't completely agree with all of this. It's actually quite common for their to be an employer interview as part of the LMIA process. This is very normal.

However I do agree it's not at all clear where this LMIA application stands and therefore really impossible to give OP any real advice on what to do next (apart from applying for restoration).

I agree that an interview is part of the LMIA process. The issue is that OP says that fees have yet to even be paid. If you see the link employer submits forms and pays the fee. There really cannot be an interview with EDSC until the employer pays the application fee. EDSC is not going to interview without paid fees.

 

[TinkerBell10]

Service Canada has no involvement in the process. Not sure why consultant would contact Service Canada. It is EDSC and IRCC. I think a) your consultant has no clue how to file for a LMIA and b) consultant is stringing you along and has done absolutely no work on the LMIA.

I have no idea with him. . Need to talk to him on Monday. Thanks a lot

 

[Copingwithlife]

Service Canada is a department of ESDC. There is a department of Service Canada / ESDC that reviews LMIA applications for compliance , fraud . It is the Integrity Division within ESDC / Service Canada . People assume Service Canada is the Mothership division, it’s just a department of the ESDC

 

[canuck78]

Would also add that someone isn’t entitles to remain in Canada while it is determined whether they will get a WP. For example do you have enough savings to support yourself while you wait to see if you get approved for a WP? This process will take months so there are considerations when it come to approval. Was there a reason given for denial?