work permit refusal

[sarrrah]

Just got a letter that my open work permit were refused. Letter contained this.... i wonder if its because I applied for an open work permit instead of a closed one?

"Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused. You have not demonstrated that you are eligible to apply for an Open Work Permit under the Immigration and Refugee Protection Regulations. Your prospective employer is responsible for obtaining a valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada. [X] You must leave Canada on or before the expiry of your current document or, if your document has expired you must leave Canada immediately. Failure to do so could result in enforcement action being taken against you".

I was on PGWP previously and its gonna expire a month from now. A bit shaken by this decision honestly, as my work letter stated I am on a PERMANENT position in my company.

Anyone knows what I can do given this short notice?

 

[Naturgrl]

Just got a letter that my open work permit were refused. Letter contained this.... i wonder if its because I applied for an open work permit instead of a closed one?

"Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused. You have not demonstrated that you are eligible to apply for an Open Work Permit under the Immigration and Refugee Protection Regulations. Your prospective employer is responsible for obtaining a valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada. [X] You must leave Canada on or before the expiry of your current document or, if your document has expired you must leave Canada immediately. Failure to do so could result in enforcement action being taken against you".

I was on PGWP previously and its gonna expire a month from now. A bit shaken by this decision honestly, as my work letter stated I am on a PERMANENT position in my company.

Anyone knows what I can do given this short notice?

How were you eligible for an open work permit? So you have an approved LMIA to apply for a closed work permit? If so what is the NOC?

 

[scylla]

Just got a letter that my open work permit were refused. Letter contained this.... i wonder if its because I applied for an open work permit instead of a closed one?

"Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused. You have not demonstrated that you are eligible to apply for an Open Work Permit under the Immigration and Refugee Protection Regulations. Your prospective employer is responsible for obtaining a valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada. [X] You must leave Canada on or before the expiry of your current document or, if your document has expired you must leave Canada immediately. Failure to do so could result in enforcement action being taken against you".

I was on PGWP previously and its gonna expire a month from now. A bit shaken by this decision honestly, as my work letter stated I am on a PERMANENT position in my company.

Anyone knows what I can do given this short notice?

On what basis did you apply for an OWP?

 

[sarrrah]

My company couldve applied for my LMIA but I opted for an open one (and they did not request LMIA for that) since I thought about the possibility of moving job in the future.. clearly was a bad idea.
I'm on Teer1 with NOC 21210

 

[Naturgrl]

My company couldve applied for my LMIA but I opted for an open one (and they did not request LMIA for that) since I thought about the possibility of moving job in the future.. clearly was a bad idea.
I'm on Teer1 with NOC 21210

You are on a PGWP so not eligible for an open work permit. You need an approved LMIA to apply for a closed work permit. They will need to meet the requirements and first post your job description to Job Bank and other job sites. They will need to document the recruitment process and show no Canadian or PR has the skills and education to do the job.

When does your work permit expire because you must stop working.

 

[sarrrah]

On what basis did you apply for an OWP?

Was an international student previously and had PGWP for awhile, this was my first time applying for a work permit. I had this job right after graduating for 3 years+

 

[scylla]

Was an international student previously and had PGWP for awhile, this was my first time applying for a work permit. I had this job right after graduating for 3 years+

This scenario does not allow you to apply for an OWP. Your employer needs to get an LMIA and then you need to apply for a closed work permit.

 

[sarrrah]

This scenario does not allow you to apply for an OWP. Your employer needs to get an LMIA and then you need to apply for a closed work permit.

Thanks. Given the timeline, LMIA does take awhile for my company to receive right? What is my option now? im currently on visitor status according to my eTA visa (expires in 2028). Can i stay while i get my LMIA for my next closed work permit application?....

Ive also applied for PR with Express Entry under CEC, just waiting sigh.

 

[scylla]

Thanks. Given the timeline, LMIA does take awhile for my company to receive right? What is my option now? im currently on visitor status according to my eTA visa (expires in 2028). Can i stay while i get my LMIA for my next closed work permit application?....

Ive also applied for PR with Express Entry under CEC, just waiting sigh.

What do you mean when you say you've applied under CEC? Have you received ITA and submitted your full application?

The eTA does not allow you to stay in Canada after your PGWP expires. You would need to apply for a visitor record.

 

[Naturgrl]

I applied for PR under Canadian Experience Class awhile back and am just waiting for the invitation, It states that I'm a candidate so no ITA yet.

Noted on the eTA stuff, thank you! I'm just going with the flow at this point.

So you have not applied for PR but submitted a profile and waiting for ITA to apply for PR…big difference. What is your CRS score?

Your employer if willing to go through the LMIA process has to post your job to Job Bank and other sites for at least a month. They must document that they could not hire a Canadian or PR with the education, work experience and language skills required for the job.

You must stop working. You cannot apply for a closed work permit with a LMIS from within Canada anymore. Your letter states that you must leave Canada on or before expiry of current permit.

 

[sarrrah]

So you have not applied for PR but submitted a profile and waiting for ITA to apply for PR…big difference. What is your CRS score?

Your employer if willing to go through the LMIA process has to post your job to Job Bank and other sites for at least a month. They must document that they could not hire a Canadian or PR with the education, work experience and language skills required for the job.

You must stop working. You cannot apply for a closed work permit with a LMIS from within Canada anymore. Your letter states that you must leave Canada on or before expiry of current permit.

CRS score at 487.
Noted.

 

[forevermore76]

Thanks. Given the timeline, LMIA does take awhile for my company to receive right? What is my option now? im currently on visitor status according to my eTA visa (expires in 2028). Can i stay while i get my LMIA for my next closed work permit application?....

Ive also applied for PR with Express Entry under CEC, just waiting sigh.

You're obviously very confused about your situation. You have no status at the moment. Each day counts as overstay.

 

[sarrrah]

You're obviously very confused about your situation. You have no status at the moment. Each day counts as overstay.

My PGWP expires Oct 12th, means i have to leave by then? i clearly f up by not applying for closed work permit in the first place back in may

 

[Naturgrl]

My PGWP expires Oct 12th, means i have to leave by then? i clearly f up by not applying for closed work permit in the first place back in may

You stop working on October 12 so tell your employer. CEC draws are over 500 so you will not get ITA without LMIA. In the meantime, you can extend stay as a visitor (need to apply for a visitor record) but cannot apply for a closed work permit from within Canada if LMIA is approved. May be easiest to return home and wait for LMIA so you can apply for a closed work permit. The whole LMIA and closed work permit processing may take up to a year depending on where you apply from.

 

[sarrrah]

You stop working on October 12 so tell your employer. CEC draws are over 500 so you will not get ITA without LMIA. In the meantime, you can extend stay as a visitor (need to apply for a visitor record) but cannot apply for a closed work permit from within Canada if LMIA is approved. May be easiest to return home and wait for LMIA so you can apply for a closed work permit. The whole LMIA and closed work permit processing may take up to a year depending on where you apply from.

much appreciated. Does that mean i have to re-do my whole application for EE Profile too?