RECONSIDERATION LETTER REQUEST TO IRCC

[Maytoss]

You can reapply anytime if you the correct documents.

Hi ,

My employer told me that now a days IELTS with Band 6 is mandatory even for with positive LMIA for IT professionals.

Please can you advise is it true? though it is not in document check list in CIC.
and without IELTS they are rejecting the applications if it is the case why cannot they reject before medicals and biometrics?
here little bit confused .

you help is really appreciated.

Pleae can you advise?

with regards

 

[scylla]

Hi ,

My employer told me that now a days IELTS with Band 6 is mandatory even for with positive LMIA for IT professionals.

Please can you advise is it true? though it is not in document check list in CIC.
and without IELTS they are rejecting the applications if it is the case why cannot they reject before medicals and biometrics?
here little bit confused .

you help is really appreciated.

Pleae can you advise?

with regards

This is not true. IELTS is not mandatory. However, depending on your country of origin, it can help to include IELTS results.

 

[prabhg]

There are no timelines for reconsideration. Sometimes faster to reapply. Reconsideration Is when there is an error in law so not sure IRCC will re-open file if you are sending new documentation. Your choice so wait and see what happens. Was funds the only reason for refusal?

Hello
I applied for spouse open work permit on 9 sep and got refusal on 20 oct reason ( your spouse status is not a full time student )
After that we filled reconcideration on 25 oct
Document request on 3 nov from RROC ( Please submit 'Open Work Permit Holder Fee' as this amount was
refunded. ) Submit on same day . No update yet...

 

[jessa8725]

hello! my spouse applied for work permit thru LMIA and he rejected twice and my consultant applied again. is there a possibility or chance that he will be approved. his NOC 6711.

 

[Naturgrl]

hello! my spouse applied for work permit thru LMIA and he rejected twice and my consultant applied again. is there a possibility or chance that he will be approved. his NOC 6711.

So applying for a third time or for consideration? What experience does spouse have in the NOC? Reasons for refusal the second time? What additional documents were include in the third application that are different from the first two?

 

[jessa8725]

So applying for a third time or for consideration? What experience does spouse have in the NOC? Reasons for refusal the second time? What additional documents were include in the third application that are different from the first two?

per my consultant he requested for GCMS for the second time but until now we didn't receive update of the GCMs. that I don't know yet if what are the documents we need to submit.
His experience is kitchen helper.

this is his first refusal:
• 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:
1. The purpose of your visit to Canada is not consistent with a temporary stay given the details thatv you have provided in your application.
2. Your current employment situation does not show that you are financially established in
your country of residence.
3. You have limited employment possibilities in your country of residence.

2nd refusal
.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:

1. Your current employment situation does not show that you are financially established in
your country of residence.
2. You have limited employment possibilities in your country of residence.

 

[Naturgrl]

per my consultant he requested for GCMS for the second time but until now we didn't receive update of the GCMs. that I don't know yet if what are the documents we need to submit.
His experience is kitchen helper.

this is his first refusal:
• 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:
1. The purpose of your visit to Canada is not consistent with a temporary stay given the details thatv you have provided in your application.
2. Your current employment situation does not show that you are financially established in
your country of residence.
3. You have limited employment possibilities in your country of residence.

2nd refusal
.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:

1. Your current employment situation does not show that you are financially established in
your country of residence.
2. You have limited employment possibilities in your country of residence.

So he is coming to Canada to work in a restaurant at minimum wage. So what is his job and wage now, and how much in funds is he bringing to get settled? IRCC wants to see that he has the financial means to settle. In Canada, he will have difficulty making ends meet and finding anywhere to live on minimum wage so he cannot save money or work for anyone else. Working minimum wage will mean little money for food and housing.

What will happen when his work permit expires and he returns home? What are his employment prospects?

 

[jessa8725]

So he is coming to Canada to work in a restaurant at minimum wage. So what is his job and wage now, and how much in funds is he bringing to get settled? IRCC wants to see that he has the financial means to settle. In Canada, he will have difficulty making ends meet and finding anywhere to live on minimum wage so he cannot save money or work for anyone else. Working minimum wage will mean little money for food and housing.

What will happen when his work permit expires h
He’s a low skilled worker for 2 years experience for the job that he applied in canada and
his current employment is a production worker in the company.

 

[Naturgrl]

What is the NOC/TEER? Thought he was kitchen helper which is TEER 5 so not skilled. It low wage and skill. Confused because you say he is working for the company now? So it is a company transfer?

“his current employment is a production worker in the company.”

 

[jessa8725]

What is the NOC/TEER? Thought he was kitchen helper which is TEER 5 so not skilled. It low wage and skill. Confused because you say he is working for the company now? So it is a company transfer?

“his current employment is a production worker in the company.”

also confused here because the officer stressed that
:Your current employment situation does not show that you are financially established in
your country of residence" it is very clear why the applicant has applied for the low wage or immigrate to canada just because he is looking for a better future for his family is it really need to prove to the officer that he has a financial means to settle?
The Visa Officer stressed that financial and economic ties in home country are weak so that
the applicant does not have the motivation to return to home country while we are here waiting him to return home

 

[Naturgrl]

also confused here because the officer stressed that
:Your current employment situation does not show that you are financially established in
your country of residence" it is very clear why the applicant has applied for the low wage or immigrate to canada just because he is looking for a better future for his family is it really need to prove to the officer that he has a financial means to settle?
The Visa Officer stressed that financial and economic ties in home country are weak so that
the applicant does not have the motivation to return to home country while we are here waiting him to return home

IRCC is concerned because he is not financially established and doesn’t have the funds to settle in Canada. Canada is so expensive and there is a housing crisis. Wanting a better future is wonderful but he needs to the money to come here. - How many people in your family? Where is the job? How much will he make? If minimum wage job, wow will he support his family? If no money upon arrival, how will he get a place to live, buy furniture, car etc? IRCC is worried that you will need social assistance, food bank etc. You say immigrate but thoughthe was coming on a work permit. There is no guarantee he will ever get PR.

So in your last sentence you say you are waiting for him to return home but then say he wants a better future for his family…so what is it? Were you planning on coming to Canada or stay in your country? If coming then he wants to show even more funds. Use proof of funds for Express Entry as an example of how much he should have to settle.

 

[faisalarshad]

I got the settlement offer from IRCC on the 6th Nov and at the same time the Reconsideration request was also accepted on 1st Nov but since then they are quite on it. The last ghost update on the tracker is 9th November. Any idea how long they take.

 

[jessa8725]

I got the settlement offer from IRCC on the 6th Nov and at the same time the Reconsideration request was also accepted on 1st Nov but since then they are quite on it. The last ghost update on the tracker is 9th November. Any idea how long they take.

What is the the difference between recon.and re apply?

 

[faisalarshad]

What is the the difference between recon.and re apply?

The difference is reconsideration request is sent to IRCC through Webform identifying their mistake in decision and its the officers choice to accept to reject it, where as the JR is done through federal court and usually the judge sets aside the previous rejection and sends to the new officer for redetermination.

 

[faisalarshad]

Since the day it was offered there is no change in the application they have still not reopened the file. Any experience when do they reopen it or it's just a simple wait and see situation. In my case both Settlement letter issued and Reconsideration also accepted.