My work permit application was refused before my LMIA is complete

[Ndanvers222]

Hi there, I'm just posting on behalf of my girlfriend

Recently applied for a work permit without LMIA (the LMIA is in process, we followed up with CIC on the phone and gave them the confirmation number and have yet to receive and answer from the agency, and her employer who is sponsoring her has yet to hear from the office about an interview or anything.

She received a refusal letter from CIC for her work permit application due to her "lack of a LMIA" , however I have double checked with her that there has been no correspondence from that office. I am wondering if it's possible that CIC would know before her employer, or before she knows that her LMIA is positive or negative?

the only reason stated in the letter is her lack of LMIA


Thank you for your thoughts on this, we will call CIC tomorrow morning to see if we can glean any information from them

cheers.

 

[scylla]

Hi there, I'm just posting on behalf of my girlfriend

Recently applied for a work permit without LMIA (the LMIA is in process, we followed up with CIC on the phone and gave them the confirmation number and have yet to receive and answer from the agency, and her employer who is sponsoring her has yet to hear from the office about an interview or anything.

She received a refusal letter from CIC for her work permit application due to her "lack of a LMIA" , however I have double checked with her that there has been no correspondence from that office. I am wondering if it's possible that CIC would know before her employer, or before she knows that her LMIA is positive or negative?

the only reason stated in the letter is her lack of LMIA


Thank you for your thoughts on this, we will call CIC tomorrow morning to see if we can glean any information from them

cheers.

Don't bother calling CIC tomorrow - the help desk staff only have access to the most basic information and most likely won't be able to help.

To answer your question, the work permit was refused because the LMIA wasn't approved in time. IRCC doesn't know if it was approved or refused. They just know it wasn't approved in time and that's why the work permit was refused.

 

[Ndanvers222]

Hi there and thank you for your prompt message!

I’m just curious, if that is the case what would be the best recourse ? Her status expired in April however she applied before then so she benefitted from implied status.

I fear that at this point if she applied again for a work permit without lmia, and then provide them the confirmation number, she technically has no status now?

 

[scylla]

She is out of status in Canada now. She needs to apply to restore her status.

If she was still working under implied status, she needs to stop immediately.

 

[Ndanvers222]

Okay, she has informed her employer and she has stopped working,

So she should go through with the restoration of status, I have found the webpage and will continue through it,

Thanks for your answers, I’m wondering if you know how long that kind of application takes, if she applies she is legally allowed to stay in Canada without working correct?

 

[scylla]

She can stay in Canada without working while the restoration application is processed. It can take as long as 3 months but some are processed faster.

 

[Ndanvers222]

She can stay in Canada without working while the restoration application is processed. It can take as long as 3 months but some are processed faster.

Thank you very much, very appreciated !