Work permit application refused

[derin1010]

Hello Everyone, I have a friend who came to Canada on a visitor's visa and receive LMIA though his prospective employer, (This was before Canada ended temporary public policy allowing visitors to apply for work permits from within the country)

He then applied for a work permit, The work permit was refused for the following reason:

I am not satisfied that you will leave Canada at the end of your stay, as required under subsection 200(1) of the Immigration and Refugee Protection Regulations (IRPR). This decision is based on your family ties in your country of residence and your employment situation, which does not demonstrate that you are financially established in your country of residence.

We also wish to advise you that your temporary resident status expired on October 13th, 2024.

Any advice, The work permit was refused even though he has a Positive LMIA? is this right

 

[Naturgrl]

Hello Everyone, I have a friend who came to Canada on a visitor's visa and receive LMIA though his prospective employer, (This was before Canada ended temporary public policy allowing visitors to apply for work permits from within the country)

He then applied for a work permit, The work permit was refused for the following reason:

I am not satisfied that you will leave Canada at the end of your stay, as required under subsection 200(1) of the Immigration and Refugee Protection Regulations (IRPR). This decision is based on your family ties in your country of residence and your employment situation, which does not demonstrate that you are financially established in your country of residence.

We also wish to advise you that your temporary resident status expired on October 13th, 2024.

Any advice, The work permit was refused even though he has a Positive LMIA? is this right

So our friend has been without status since October 13 so not sure can even restore now. Will want to leave the country.

What did friend show that he will return to home country and show cash in the bank to support oneself? How long has he been in Canada because he must not have much money.

 

[derin1010]

So our friend has been without status since October 13 so not sure can even restore now. Will want to leave the country.

What did friend show that he will return to home country and show cash in the bank to support oneself? How long has he been in Canada because he must not have much money.

He his definitely out of status. He has also applied for a restoration of status.

 

[scylla]

Hello Everyone, I have a friend who came to Canada on a visitor's visa and receive LMIA though his prospective employer, (This was before Canada ended temporary public policy allowing visitors to apply for work permits from within the country)

He then applied for a work permit, The work permit was refused for the following reason:

I am not satisfied that you will leave Canada at the end of your stay, as required under subsection 200(1) of the Immigration and Refugee Protection Regulations (IRPR). This decision is based on your family ties in your country of residence and your employment situation, which does not demonstrate that you are financially established in your country of residence.

We also wish to advise you that your temporary resident status expired on October 13th, 2024.

Any advice, The work permit was refused even though he has a Positive LMIA? is this right

Work permits can be refused even with an approved LMIA. The LMIA doesn't guarantee approval. It's hard to comment further without knowing his full profile and how long he has been in Canada. However this can be of the downsides of applying from within Canada. And the complication now is that a new application can no longer be submitted from within Canada.

 

[derin1010]

Work permits can be refused even with an approved LMIA. The LMIA doesn't guarantee approval. It's hard to comment further without knowing his full profile and how long he has been in Canada. However this can be of the downsides of applying from within Canada. And the complication now is that a new application can no longer be submitted from within Canada.

Applicant arrive Canada October 2023, he has extended his stay in April 2024 for another six months. His current stay in canada has expired since october

 

[canuck78]

The days of easy WPs are over. Not sure why your friend is trying to restore his status. He should be returning home. He can work towards immigrating from outside of Canada. Staying will just raise concerns that he is working illegally.

 

[scylla]

Applicant arrive Canada October 2023, he has extended his stay in April 2024 for another six months. His current stay in canada has expired since october

It would have been much better to apply from outside of Canada. Of course nothing can be done about that now. With that much time already spent in Canada, it's much more challenging to show ties outside of Canada.

Probably makes sense to leave Canada now, spend some time outside of Canada reestablishing ties and then look to apply again.

 

[Naturgrl]

Applicant arrive Canada October 2023, he has extended his stay in April 2024 for another six months. His current stay in canada has expired since october

He cannot apply for work permit inside Canada so should return home a reapply if LMIA is still valid. And in next application address reasons for refusal.

 

[Copingwithlife]

Applicant arrive Canada October 2023, he has extended his stay in April 2024 for another six months. His current stay in canada has expired since october

He came stating they were a visitor and obviously they weren’t

And for someone to be able just to leave there country , come here OVER a year ago , shows basically no ties

He’s been here over a year ago. People with ties can’t do that

just get up and leave

 

[derin1010]

Is the restoration of stay application reasonable at this time? Is there any chance that it will be approved?

 

[Naturgrl]

Is the restoration of stay application reasonable at this time? Is there any chance that it will be approved?

He will know if approved but he has been in Canada as a visitor for well over a year so should be planning to leave.

 

[scylla]

Is the restoration of stay application reasonable at this time? Is there any chance that it will be approved?

He can try. But this will only give him status in Canada as a visitor, if approved. If his aim is to get a work permit, he needs to leave and apply from outside of Canada.

 

[canuck78]

He will know if approved but he has been in Canada as a visitor for well over a year so should be planning to leave.

Is the restoration of stay application reasonable at this time? Is there any chance that it will be approved?

Processing for WPs is taking around 6 months but will likely get longer, Canada is trying to limit temporary residents and he likely has to wait another few months to determine whether his restoration will be even approved. If anything his reason for work permit refusal will only be strengthened if he tries to remain in Canada and concerns that he is working illegally will increase as well. Realistically trying to stay will only make visiting or trying to get a temporary work permit for many countries more difficult.