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WP refusal

Sarisari

Star Member
May 12, 2023
69
2
What's the chance of getting WP approved after geting refused due to Paragraph 200(1)b. Not satisfied that will leave canada and that not be able to perform the tasts/duties of the work sought.Also received a procedural fairness letter due to misrepresentation before getting refused.
 

canuck78

VIP Member
Jun 18, 2017
58,965
14,596
What's the chance of getting WP approved after geting refused due to Paragraph 200(1)b. Not satisfied that will leave canada and that not be able to perform the tasts/duties of the work sought.Also received a procedural fairness letter due to misrepresentation before getting refused.

Impossible to stay but it will likely be quite challenging.
 

Naturgrl

VIP Member
Apr 5, 2020
47,556
10,359
What's the chance of getting WP approved after geting refused due to Paragraph 200(1)b. Not satisfied that will leave canada and that not be able to perform the tasts/duties of the work sought.Also received a procedural fairness letter due to misrepresentation before getting refused.
So did you reply to the PFL and address reasons for a potential ban? That would be your first priority. Your WP has not chance if you are banned for 5 years. If you don’t get a ban then you need to address reasons. What was the NOC? What ECA and job reference letters did you provide that you can do the job. A LMIA is to prove that no Canadian/PR has the skills to do the job, only you can be hired.
 

Sarisari

Star Member
May 12, 2023
69
2
So did you reply to the PFL and address reasons for a potential ban? That would be your first priority. Your WP has not chance if you are banned for 5 years. If you don’t get a ban then you need to address reasons. What was the NOC? What ECA and job reference letters did you provide that you can do the job. A LMIA is to prove that no Canadian/PR has the skills to do the job, only you can be hired.

The PFL was given August and was addressed. Ban was removed. Applied for the WP and last December got the Letter of Refusal but did not indicate that I am banned. NOC is for caregiver and has a positive LMIA.
 

Naturgrl

VIP Member
Apr 5, 2020
47,556
10,359
The PFL was given August and was addressed. Ban was removed. Applied for the WP and last December got the Letter of Refusal but did not indicate that I am banned. NOC is for caregiver and has a positive LMIA.
Is employer in Quebec because if not you are not eligible for a WP with LMIA? Is this childcare? If not in Quebec, you file through HCCP program. You need to show ECA and IELTS.
 

Sarisari

Star Member
May 12, 2023
69
2
Is employer in Quebec because if not you are not eligible for a WP with LMIA? Is this childcare? If not in Quebec, you file through HCCP program. You need to show ECA and IELTS.
Yes, ut is in Quebec.No ECA and IELTS were asked.
 

Naturgrl

VIP Member
Apr 5, 2020
47,556
10,359
Yes, ut is in Quebec.No ECA and IELTS were asked.
So what did you show that you could do the job? ECA/IELTS/TEF don’t have to be asked for but you need to show that you are qualified since they could not find anyone in Canada with your skills and expertise. Was it child care or home care? Is this a family member? Read the NOC.
 

Sarisari

Star Member
May 12, 2023
69
2
So what did you show that you could do the job? ECA/IELTS/TEF don’t have to be asked for but you need to show that you are qualified since they could not find anyone in Canada with your skills and expertise. Was it child care or home care? Is this a family member? Read the NOC.
I showed past work experiences to prove that I can do the job. It's actually a kind of HCCP
 

Naturgrl

VIP Member
Apr 5, 2020
47,556
10,359
I showed past work experiences to prove that I can do the job. It's actually a kind of HCCP
So what is the NOC if ”kind of HCCP”? What NOC is your job experience in? I would do ECA and IELTS. If in Quebec, maybe TEF. You have to prove you are the only person experienced so show all you have.
 

Sarisari

Star Member
May 12, 2023
69
2
So what is the NOC if ”kind of HCCP”? What NOC is your job experience in? I would do ECA and IELTS. If in Quebec, maybe TEF. You have to prove you are the only person experienced so show all you have.
What is TEF by the way?
 

Sarisari

Star Member
May 12, 2023
69
2
French test since working in Quebec. Who knows may ask for it depending on your job duties. What is NOC? Is this for a family member?
NOC 44100. Have had experience in caring for child for 5 years in the Middle East Asia and the rest of my experience is not related to the NOC. No language test taken yet.

Question, after the first refusal, can we apply right away or need to wait couple of months?
 

Naturgrl

VIP Member
Apr 5, 2020
47,556
10,359
NOC 44100. Have had experience in caring for child for 5 years in the Middle East Asia and the rest of my experience is not related to the NOC. No language test taken yet.

Question, after the first refusal, can we apply right away or need to wait couple of months?
You can if you address reasons for refusal which is didn’t prove you can do the job. Job reference letter is not enough. So your child care experience is recent within last few years?
 
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Naturgrl

VIP Member
Apr 5, 2020
47,556
10,359
Yes, it's just recent, 2023.
So you need to show that just a reference letter to prove you are the only person with the experience, education and language skills to do the job. You cannot just submit the same documents.
 
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