Reconsideration request - Work Permit refused

[atosoto]

Hello everyone.

Applied to Closed Work Permit on Dec 2022, application was refused on Aug 2023. VO sent me the following fesusal letter:

Dear (PA),
Thank you for your interest in working in Canada. After careful review of your work permit
application and supporting documentation under the Temporary Foreign Worker 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 you will leave Canada at the end of your stay as required by
paragraph 200(1)(b) of the IRPR (https://laws.justice.gc.ca/eng/regulations/SOR-2002-227/
section-200.html). I am refusing your application because you have not established that you will
leave Canada, based on the following factors:
• The purpose of your visit to Canada is not consistent with a temporary stay given the
details you have provided in your application.

_________
My consultant and I are planning to apply for a reconsideration request...
Do we have 30 days after the refusal letter? Or can I wait for the ATIP notes which is usually taking over 50 days?


We believe the VO did not take into account certain aspects of the application:
*My job offer has a start and END date
*my submission letter states at least 6-7 times that I am returning to Colombia(my home country) to take care of my 2 businesses.
*I was deported from the US in 2009, but I have an APPROVED Criminal Rehab in hand by the government of Canada.
*since 2009 I have traveled 13 times out of Colombia and have not overstayed in Ecuador or Mexico while traveling.

Any insights or ideas on what we could do?
Please ask any questions!
Thanks for your support in such difficult times

 

[scylla]

Hello everyone.

Applied to Closed Work Permit on Dec 2022, application was refused on Aug 2023. VO sent me the following fesusal letter:

Dear (PA),
Thank you for your interest in working in Canada. After careful review of your work permit
application and supporting documentation under the Temporary Foreign Worker 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 you will leave Canada at the end of your stay as required by
paragraph 200(1)(b) of the IRPR (https://laws.justice.gc.ca/eng/regulations/SOR-2002-227/
section-200.html). I am refusing your application because you have not established that you will
leave Canada, based on the following factors:
• The purpose of your visit to Canada is not consistent with a temporary stay given the
details you have provided in your application.

_________
My consultant and I are planning to apply for a reconsideration request...
Do we have 30 days after the refusal letter? Or can I wait for the ATIP notes which is usually taking over 50 days?


We believe the VO did not take into account certain aspects of the application:
*My job offer has a start and END date
*my submission letter states at least 6-7 times that I am returning to Colombia(my home country) to take care of my 2 businesses.
*I was deported from the US in 2009, but I have an APPROVED Criminal Rehab in hand by the government of Canada.
*since 2009 I have traveled 13 times out of Colombia and have not overstayed in Ecuador or Mexico while traveling.

Any insights or ideas on what we could do?
Please ask any questions!
Thanks for your support in such difficult times

There is no hard and fast rule for reconsideration requests. However I don't think it's a good idea to wait two months. If you want to request reconsideration, you'd want to do that very soon after refusal.

Travel to Ecuador and Mexico unfortunately won't count for anything. IRCC looks for travel to counties requiring visa such as the UK or US.

How did you show ties to your home country? What evidence did you provide?

Was the deportation from the US due to the criminal conviction or was there more involved such as an overstay?

What is the job in Canada and what is your previous work experience and education?

 

[atosoto]

There is no hard and fast rule for reconsideration requests. However I don't think it's a good idea to wait two months. If you want to request reconsideration, you'd want to do that very soon after refusal.

Travel to Ecuador and Mexico unfortunately won't count for anything. IRCC looks for travel to counties requiring visa such as the UK or US.

How did you show ties to your home country? What evidence did you provide?

Was the deportation from the US due to the criminal conviction or was there more involved such as an overstay?

What is the job in Canada and what is your previous work experience and education?

Thank you for replying.


Ties to home country: 1 apartment along with my wife (still under mortgage), 2 cars, and 1 motorcycle. Also, I have 2 Restaurants under my name with good sales, also we mentioned that we might open a 3 branch with the knowledge acquired in Canada.

Deportation is due to overstay, my parents brought me to the US while I was a minor (11yo), I got deportation order at the age of 18,but was deported (in 2009) at 22yo.
Due to deportation, I filed for a Criminal Rehab which is Approved, so that, in theory, shouldn't count. No criminal record other than traffic violations (driving w/o insurance and faulty rear lights)

WORK in Canada: I was offered a position as Sous-Chef at a Contemporary Mexican Restaurant in Calgary. I have 7 years of experience as a Chef (all acquired at my own business), I have a Mexican-French Cuisine Diploma in Mexico City, I'm a Certified Professional Line Cook from Emerit | HR Canada (done online), and Canadian Food Handler's certificate (online as well). And I have a 2 year degree in Culinary School here In Colombia.


Thanks for your support

 

[scylla]

Thank you for replying.


Ties to home country: 1 apartment along with my wife (still under mortgage), 2 cars, and 1 motorcycle. Also, I have 2 Restaurants under my name with good sales, also we mentioned that we might open a 3 branch with the knowledge acquired in Canada.

Deportation is due to overstay, my parents brought me to the US while I was a minor (11yo), I got deportation order at the age of 18,but was deported (in 2009) at 22yo.
Due to deportation, I filed for a Criminal Rehab which is Approved, so that, in theory, shouldn't count. No criminal record other than traffic violations (driving w/o insurance and faulty rear lights)

WORK in Canada: I was offered a position as Sous-Chef at a Contemporary Mexican Restaurant in Calgary. I have 7 years of experience as a Chef (all acquired at my own business), I have a Mexican-French Cuisine Diploma in Mexico City, I'm a Certified Professional Line Cook from Emerit | HR Canada (done online), and Canadian Food Handler's certificate (online as well). And I have a 2 year degree in Culinary School here In Colombia.


Thanks for your support

The criminal rehab doesn't fix the overstay in the US or the deportation or the 10 year ban which has now ended. That would still be working against you in applying for the WP.

I assume your wife was going to remain in your home country and not travel with you?

You still haven't explained what actual evidence you provided of your ties to your home country. You've listed your ties. I'm asking about what evidence you provided to show these ties. Sometimes that evidence can be strengthened / improved.

Your work in Canada sounds like it makes sense. My guess is that your problem is likely your US immigration history.

 

[atosoto]

The criminal rehab doesn't fix the overstay in the US or the deportation or the 10 year ban which has now ended. That would still be working against you in applying for the WP.

I assume your wife was going to remain in your home country and not travel with you?

You still haven't explained what actual evidence you provided of your ties to your home country. You've listed your ties. I'm asking about what evidence you provided to show these ties. Sometimes that evidence can be strengthened / improved.

Your work in Canada sounds like it makes sense. My guess is that your problem is likely your US immigration history.

Since the overstay in US won't be fixed, according to your knowledge, and the refusal says 'I won't leave at the end of the Work Permit', then a Permanent Residency application would do? That means I won't have to leave!

My wife and daughter also applied with me. I guess if my reconsideration gets rejected as well, then I should apply by myself, making my application stronger on the 'ties to my country' part.

Evidence:
For the house, I provided a Title (History of Ownership and Registration Certificate - proof of ownership) with the translation.
For the cars and the motorcycle, title (document of ownership) for each: indicating that all 3 vehicles are under our names, each with the translation.
For the 2 Restaurants: Chamber of Commerce documents indicating address and phone number for each branch, and of course my name as owner. I also provided 2022 sales summary of each branch, along with letters from 3 suppliers stating that I've been their customer for over 6 years.
A power of attorney stating that my father is taking care of the businesses while I am away.
We also sent our menu, social media information along with photos dating back to when we opened in 2015.


Thanks!

 

[scylla]

Since the overstay in US won't be fixed, according to your knowledge, and the refusal says 'I won't leave at the end of the Work Permit', then a Permanent Residency application would do? That means I won't have to leave!

My wife and daughter also applied with me. I guess if my reconsideration gets rejected as well, then I should apply by myself, making my application stronger on the 'ties to my country' part.

Evidence:
For the house, I provided a Title (History of Ownership and Registration Certificate - proof of ownership) with the translation.
For the cars and the motorcycle, title (document of ownership) for each: indicating that all 3 vehicles are under our names, each with the translation.
For the 2 Restaurants: Chamber of Commerce documents indicating address and phone number for each branch, and of course my name as owner. I also provided 2022 sales summary of each branch, along with letters from 3 suppliers stating that I've been their customer for over 6 years.
A power of attorney stating that my father is taking care of the businesses while I am away.
We also sent our menu, social media information along with photos dating back to when we opened in 2015.


Thanks!

- I don't understand your first question where you say "a permanent residency application would do".
- The fact your wife and daughter applied with you reduced your ties and weakens your application. You can certainly reapply by yourself to make your application stronger. However if you are approved on your own, you need to be prepared for the fact that your wife and daughter may not be able to get a visa approved and you may need to be in Canada on your own.
- The house evidence and business evidence is good.
- The car / motorcycle titles are very low value from IRCC's perpective. This evidence will carry little weight. Same for the power of attorney.
- Ultimately you need to put together a strong enough application to override the overstay and deportation from the US.

 

[atosoto]

- I don't understand your first question where you say "a permanent residency application would do".
- The fact your wife and daughter applied with you reduced your ties and weakens your application. You can certainly reapply by yourself to make your application stronger. However if you are approved on your own, you need to be prepared for the fact that your wife and daughter may not be able to get a visa approved and you may need to be in Canada on your own.
- The house evidence and business evidence is good.
- The car / motorcycle titles are very low value from IRCC's perpective. This evidence will carry little weight. Same for the power of attorney.
- Ultimately you need to put together a strong enough application to override the overstay and deportation from the US.

What I'm trying to say is: this is my 3rd refusal, 2 of them mention that "I will not leave Canada at the end of my permit"... My guess is that if I apply for permanent residency, then the VO will not be able to refuse my application based on the current reason for refusal, which is leaving Canada.
Am I right?

On the other hand, what else can I show as 'ties' to my country other than what I have submitted? Or based on your knowledge, what else can I do to make a strong application to overcome the 'overstay'?

We as Colombians require a visa to the US, but because of my travel history, it'll be difficult to get another one. We are Exempt from visa in Latin America, the UK and most of Europe and Asia.
What else can make my application stronger?

Again, thanks for your help and guidance!

 

[scylla]

What I'm trying to say is: this is my 3rd refusal, 2 of them mention that "I will not leave Canada at the end of my permit"... My guess is that if I apply for permanent residency, then the VO will not be able to refuse my application based on the current reason for refusal, which is leaving Canada.
Am I right?

On the other hand, what else can I show as 'ties' to my country other than what I have submitted? Or based on your knowledge, what else can I do to make a strong application to overcome the 'overstay'?

We as Colombians require a visa to the US, but because of my travel history, it'll be difficult to get another one. We are Exempt from visa in Latin America, the UK and most of Europe and Asia.
What else can make my application stronger?

Again, thanks for your help and guidance!

If this is your third refusal, then I don't think it makes sense to apply for a work permit again unless something very significant changes in your profile. The US overstay and deportation are just too difficult to overcome.

It sounds like your actual goal is to move to Canada permanently and become a permanent resident. If so, then focus on qualifying and applying for PR through one of the economic immigration programs. As long as you declare the US overstay and deportation in your application, along with the 3 refusals to Canada and any other refusals you may have, there will be no issues in getting PR approved.

 

[atosoto]

If this is your third refusal, then I don't think it makes sense to apply for a work permit again unless something very significant changes in your profile. The US overstay and deportation are just too difficult to overcome.

It sounds like your actual goal is to move to Canada permanently and become a permanent resident. If so, then focus on qualifying and applying for PR through one of the economic immigration programs. As long as you declare the US overstay and deportation in your application, along with the 3 refusals to Canada and any other refusals you may have, there will be no issues in getting PR approved.

Thank you for your insight, I will try something else if the reconsideration is refused as well. I will post if anything changes!
I will try to get a work visa for any other country and see if that helps me in future applications to Canada.

 

[atosoto]

The criminal rehab doesn't fix the overstay in the US or the deportation or the 10 year ban which has now ended. That would still be working against you in applying for the WP.

Hey Scylla,

Here is my Criminal Rehabilitation Approval letter, it does specifically talk about my OVERSTAY and DEPORTATION. And it should be fixed!



Government of Canada Gouvernement du Canada Embassy of Canada Ambassade du Canada

June 7, 2022

RHB302****

UCI: 1112*******


A******* SO**** P*****
Colombia
Dear A******* SO**** P*****:

This is in reply to your application for criminal rehabilitation under Canada’s Immigration and Refugee Protection Act.

I am pleased to inform you that your application has been approved.

The effect of this decision is that you are no longer described in A36(1)(b) of the Immigration and Refugee Protection Act because of your conviction in Kentucky, United States for the offence Willful Failure to Depart the United States on 2009/07/07.

As this is the only document that will be issued establishing your rehabilitation under the Immigration and Refugee Protection Act, I urge you to guard it safely and to carry a photocopy with you whenever you travel to Canada.

Please note that approval of this application for rehabilitation does not exempt you from any other requirements of the Immigration and Refugee Protection Act or Regulations.


Sincerely,

Deputy Program Manager — Migration Section IRCC Bogota



Now with this letter being so specific about the overstay, do you consider that a RECONSIDERATION is a strong option now? I can mention this in the request. Thanks!

 

[scylla]

Hey Scylla,

Here is my Criminal Rehabilitation Approval letter, it does specifically talk about my OVERSTAY and DEPORTATION. And it should be fixed!



Government of Canada Gouvernement du Canada Embassy of Canada Ambassade du Canada

June 7, 2022

RHB302****

UCI: 1112*******


A******* SO**** P*****
Colombia
Dear A******* SO**** P*****:

This is in reply to your application for criminal rehabilitation under Canada’s Immigration and Refugee Protection Act.

I am pleased to inform you that your application has been approved.

The effect of this decision is that you are no longer described in A36(1)(b) of the Immigration and Refugee Protection Act because of your conviction in Kentucky, United States for the offence Willful Failure to Depart the United States on 2009/07/07.

As this is the only document that will be issued establishing your rehabilitation under the Immigration and Refugee Protection Act, I urge you to guard it safely and to carry a photocopy with you whenever you travel to Canada.

Please note that approval of this application for rehabilitation does not exempt you from any other requirements of the Immigration and Refugee Protection Act or Regulations.


Sincerely,

Deputy Program Manager — Migration Section IRCC Bogota



Now with this letter being so specific about the overstay, do you consider that a RECONSIDERATION is a strong option now? I can mention this in the request. Thanks!

There's no mention of the overstay. The failure to depart refers to the fact that you were deported by the US government vs. leaving on your own. Your choice what you do. I don't think I can help further.

 

[atosoto]

ok. cool