Supervisa to Work Permit Application Refused

[Mani_28]

Hi All

My uncle was here on Supervisa which is valid till 2031 and came to Canada last August 2023 ( which means he can stay 5 years as there was no exit date written upon entry),

He got approved for LMIA and applied for work permit based on LMIA. Got work permit refusal today and letter says that your status is not legal in Canada and have to leave country immediately

Does it mean they have canceled Supervisa? or It could be an error?

This is what letter says:

"This letter refers to your application for a Work Permit.

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 are a person in Canada without legal status and as such are required to leave Canada immediately. You are not eligible for restoration under Section 182 of the Immigration and Refugee Protection Regulations. If you do not leave Canada voluntarily, enforcement action may be taken against you. "

Does it mean they have canceled Supervisa? or It could be an error?

Please suggest

 

[scylla]

Hi All

My uncle was here on Supervisa which is valid till 2031 and came to Canada last August 2023 ( which means he can stay 5 years as there was no exit date written upon entry),

He got approved for LMIA and applied for work permit based on LMIA. Got work permit refusal today and letter says that your status is not legal in Canada and have to leave country immediately

Does it mean they have canceled Supervisa? or It could be an error?

This is what letter says:

"This letter refers to your application for a Work Permit.

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 are a person in Canada without legal status and as such are required to leave Canada immediately. You are not eligible for restoration under Section 182 of the Immigration and Refugee Protection Regulations. If you do not leave Canada voluntarily, enforcement action may be taken against you. "

Does it mean they have canceled Supervisa? or It could be an error?

Please suggest

Is he 100 percent sure he was granted a super visa and not a regular TRV? What code does the visa show? Check that first.

 

[scylla]

Hi All

My uncle was here on Supervisa which is valid till 2031 and came to Canada last August 2023 ( which means he can stay 5 years as there was no exit date written upon entry),

He got approved for LMIA and applied for work permit based on LMIA. Got work permit refusal today and letter says that your status is not legal in Canada and have to leave country immediately

Does it mean they have canceled Supervisa? or It could be an error?

This is what letter says:

"This letter refers to your application for a Work Permit.

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 are a person in Canada without legal status and as such are required to leave Canada immediately. You are not eligible for restoration under Section 182 of the Immigration and Refugee Protection Regulations. If you do not leave Canada voluntarily, enforcement action may be taken against you. "

Does it mean they have canceled Supervisa? or It could be an error?

Please suggest

Further to my comment above, you want to check if the visa says V-1 or PG-1

 

[Mani_28]

PG-1
Valid from 2023-2031

he use to have visitor earlier which expired with passport back in early 2023, he got new passport and supervisa ( PG-1) in late 2023 and came back last year

 

[scylla]

PG-1
Valid from 2023-2031

he use to have visitor earlier which expired with passport back in early 2023, he got new passport and supervisa ( PG-1) in late 2023 and came back last year

If you are sure he entered on the new super visa, then try submitting a reconsideration request via web form.

 

[Naturgrl]

PG-1
Valid from 2023-2031

he use to have visitor earlier which expired with passport back in early 2023, he got new passport and supervisa ( PG-1) in late 2023 and came back last year

He can try for reconsideration but work permits with LMIA can no longer be applied for within Canada. What is the NOC? Include ECA and IELTS too.

 

[Mani_28]

If you are sure he entered on the new super visa, then try submitting a reconsideration request via web form.

Thanks, Uncle's Son called in IRCC and they put in re-consideration request. Got an email confirming reconsideration request have been forwarded to responsible office.

 

[Mani_28]

He can try for reconsideration but work permits with LMIA can no longer be applied for within Canada. What is the NOC? Include ECA and IELTS too.

Thanks for response, When did it stop that LMIA work permit cant be applied from within Canada?

Also He is more concerned about legal status, his supervisa is till 2031 came in Canada last year but the letter says his status is not valid

 

[scylla]

Thanks for response, When did it stop that LMIA work permit cant be applied from within Canada?

Also He is more concerned about legal status, his supervisa is till 2031 came in Canada last year but the letter says his status is not valid

Rules changed effective August 28, 2024.

You may want to order GCMS notes as well.

 

[Naturgrl]

Thanks for response, When did it stop that LMIA work permit cant be applied from within Canada?

Also He is more concerned about legal status, his supervisa is till 2031 came in Canada last year but the letter says his status is not valid

Consult a lawyer And get GCMS notes. If his status is no longer valid, he has to get confirmation on that. LMIAs can no longer be filed inside Canada as of end of August. He may be best to leave and apply outside Canada.

 

[canuck78]

Thanks, Uncle's Son called in IRCC and they put in re-consideration request. Got an email confirming reconsideration request have been forwarded to responsible office.

Would be preparing for a likely refusal again unless he has very specialized skills. If anything applying for WP likely made visiting Canada in the future more difficult. Given family ties in Canada and age there will be concern that he will not return home and he will have no easy pathway to PR. All you can do is wait and see. What may have been possible a year ago may be much more difficult now.

 

[Mani_28]

Would be preparing for a likely refusal again unless he has very specialized skills. If anything applying for WP likely made visiting Canada in the future more difficult. Given family ties in Canada and age there will be concern that he will not return home and he will have no easy pathway to PR. All you can do is wait and see. What may have been possible a year ago may be much more difficult now.

Hi they are more concerned about current status of Supervisa, When called IRCC the agent checked and said Uncle's status is valid and he ll put reconsideration request.

We are thinking reconsideration is about legal status and dont even want the work permit application to be assessed again.

 

[Mani_28]

Consult a lawyer And get GCMS notes. If his status is no longer valid, he has to get confirmation on that. LMIAs can no longer be filed inside Canada as of end of August. He may be best to leave and apply outside Canada.

What is the best way to get confirmation about legality of status. Called IRCC and agent confirmed status is valid but how can we get written confirmation?

 

[canuck78]

Hi they are more concerned about current status of Supervisa, When called IRCC the agent checked and said Uncle's status is valid and he ll put reconsideration request.

We are thinking reconsideration is about legal status and dont even want the work permit application to be assessed again.

He can apply for restoration but that would restore his status to a normal visitor so would only have a maximum of 6 months to visit Canada.

 

[canuck78]

What is the best way to get confirmation about legality of status. Called IRCC and agent confirmed status is valid but how can we get written confirmation?

Send in a webform asking for confirmation of legal status and if still has status when does it expire. IRCC phone line is notorious for giving out incorrect information.