!URGENT! - My visa has been REFUSED (makes no sense) - Can I raise CSE or should I re-apply?

[entr0py]

I applied online with the Global Talent Stream Pilot for a job under NOC 5241 for a temporary work permit.
Yesterday my visa has been refused under 2 concerns listed by the immigration officer:

1) You have not demonstrated that you come within the exceptions under section 186 of the IRPR exempting you from the requirement to obtain a work permit or that your employment in Canada comes within the exceptions to section 203 of the IRPR. As a result, your offer of employment must be the subject of an economic effect determination before a work permit can be issued to you. Your employer in Canada should contact the local office of the Department of Employment and Social Development Canada to begin this process.
2) You have not provided sufficient evidence to show that you meet the minimum education requirements as indicated by the employer on the electronic offer of employment.

1) The thing is, I submitted the LMIA document with a positive assessment from ESDC with my online application!
2) I provided my high school diploma (translated from court translator to vocational school, both original and translations) which I uploaded as a proof that I meet the job requirements.
In the LMIA document it states the following about the job position:
Education requirements: No formal education requirements.
I have also uploaded my employment records (Dated from 2016) I also provided a reference letter that is singed and sealed from the CEO of my previous employer that states that I worked from 2013 till present.

(both concerns listed from the immigration officer make no sense - I have a positive LMIA as well as high school diploma...)


Today my Canadian employer emailed me with a supporting letter, suggesting that I should re-apply with it.
In the letter they included that I am vital to their ongoing project and that they are already facing delivery bottlenecks to their clients because of labor shortage in their department.
They also included that they already received the positive LMIA assessment. They also included that I meet the minimum job requirements (and listed them) with my 4 year secondary vocational school (high school).
And more.. the supporting letter is 2 pages long and indeed it looks promising (at least to me) - but I am wondering is this enough to change an immigration officer decision to the above "concerns"? I suggested that my employer included a immigration lawyer in the process (twice or trice) but they ignored this.

Should I re-apply is there no other way that I update my refused application?
(I don't want to have a stain in my record that I have been refused visa once - I will have to mention this everywhere in the future, plus I will have to pay the fees again $510 this time...)
I thought maybe I can I raise a CSE through the web form to provide the supporting letter https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx?AspxAutoDetectCookieSupport=1
If so - under what type of application/enquiry I should submit my supporting letter?

I can't begin to describe what kind of emotional roller coaster this has been for me and my spouse.

Thank you in advance,
Kindly

 

[Sohaib04]

I applied online with the Global Talent Stream Pilot for a job under NOC 5241 for a temporary work permit.
Yesterday my visa has been refused under 2 concerns listed by the immigration officer:

1) You have not demonstrated that you come within the exceptions under section 186 of the IRPR exempting you from the requirement to obtain a work permit or that your employment in Canada comes within the exceptions to section 203 of the IRPR. As a result, your offer of employment must be the subject of an economic effect determination before a work permit can be issued to you. Your employer in Canada should contact the local office of the Department of Employment and Social Development Canada to begin this process.
2) You have not provided sufficient evidence to show that you meet the minimum education requirements as indicated by the employer on the electronic offer of employment.

1) The thing is, I submitted the LMIA document with a positive assessment from ESDC with my online application!
2) I provided my high school diploma (translated from court translator to vocational school, both original and translations) which I uploaded as a proof that I meet the job requirements.
In the LMIA document it states the following about the job position:
Education requirements: No formal education requirements.
I have also uploaded my employment records (Dated from 2016) I also provided a reference letter that is singed and sealed from the CEO of my previous employer that states that I worked from 2013 till present.

(both concerns listed from the immigration officer make no sense - I have a positive LMIA as well as high school diploma...)


Today my Canadian employer emailed me with a supporting letter, suggesting that I should re-apply with it.
In the letter they included that I am vital to their ongoing project and that they are already facing delivery bottlenecks to their clients because of labor shortage in their department.
They also included that they already received the positive LMIA assessment. They also included that I meet the minimum job requirements (and listed them) with my 4 year secondary vocational school (high school).
And more.. the supporting letter is 2 pages long and indeed it looks promising (at least to me) - but I am wondering is this enough to change an immigration officer decision to the above "concerns"? I suggested that my employer included a immigration lawyer in the process (twice or trice) but they ignored this.

Should I re-apply is there no other way that I update my refused application?
(I don't want to have a stain in my record that I have been refused visa once - I will have to mention this everywhere in the future, plus I will have to pay the fees again $510 this time...)
I thought maybe I can I raise a CSE through the web form to provide the supporting letter https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx?AspxAutoDetectCookieSupport=1
If so - under what type of application/enquiry I should submit my supporting letter?

I can't begin to describe what kind of emotional roller coaster this has been for me and my spouse.

Thank you in advance,
Kindly

Y dont u hire a lawyer in canada they can help u regarding twchnical things

 

[karki]

I applied online with the Global Talent Stream Pilot for a job under NOC 5241 for a temporary work permit.
Yesterday my visa has been refused under 2 concerns listed by the immigration officer:

1) You have not demonstrated that you come within the exceptions under section 186 of the IRPR exempting you from the requirement to obtain a work permit or that your employment in Canada comes within the exceptions to section 203 of the IRPR. As a result, your offer of employment must be the subject of an economic effect determination before a work permit can be issued to you. Your employer in Canada should contact the local office of the Department of Employment and Social Development Canada to begin this process.
2) You have not provided sufficient evidence to show that you meet the minimum education requirements as indicated by the employer on the electronic offer of employment.

1) The thing is, I submitted the LMIA document with a positive assessment from ESDC with my online application!
2) I provided my high school diploma (translated from court translator to vocational school, both original and translations) which I uploaded as a proof that I meet the job requirements.
In the LMIA document it states the following about the job position:
Education requirements: No formal education requirements.
I have also uploaded my employment records (Dated from 2016) I also provided a reference letter that is singed and sealed from the CEO of my previous employer that states that I worked from 2013 till present.

(both concerns listed from the immigration officer make no sense - I have a positive LMIA as well as high school diploma...)


Today my Canadian employer emailed me with a supporting letter, suggesting that I should re-apply with it.
In the letter they included that I am vital to their ongoing project and that they are already facing delivery bottlenecks to their clients because of labor shortage in their department.
They also included that they already received the positive LMIA assessment. They also included that I meet the minimum job requirements (and listed them) with my 4 year secondary vocational school (high school).
And more.. the supporting letter is 2 pages long and indeed it looks promising (at least to me) - but I am wondering is this enough to change an immigration officer decision to the above "concerns"? I suggested that my employer included a immigration lawyer in the process (twice or trice) but they ignored this.

Should I re-apply is there no other way that I update my refused application?
(I don't want to have a stain in my record that I have been refused visa once - I will have to mention this everywhere in the future, plus I will have to pay the fees again $510 this time...)
I thought maybe I can I raise a CSE through the web form to provide the supporting letter https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx?AspxAutoDetectCookieSupport=1
If so - under what type of application/enquiry I should submit my supporting letter?

I can't begin to describe what kind of emotional roller coaster this has been for me and my spouse.

Thank you in advance,
Kindly

I believe high school education is not enough for your NOC 5241. You should need at least post secondary or college education.

 

[21Goose]

I applied online with the Global Talent Stream Pilot for a job under NOC 5241 for a temporary work permit.
Yesterday my visa has been refused under 2 concerns listed by the immigration officer:

1) You have not demonstrated that you come within the exceptions under section 186 of the IRPR exempting you from the requirement to obtain a work permit or that your employment in Canada comes within the exceptions to section 203 of the IRPR. As a result, your offer of employment must be the subject of an economic effect determination before a work permit can be issued to you. Your employer in Canada should contact the local office of the Department of Employment and Social Development Canada to begin this process.
2) You have not provided sufficient evidence to show that you meet the minimum education requirements as indicated by the employer on the electronic offer of employment.

1) The thing is, I submitted the LMIA document with a positive assessment from ESDC with my online application!
2) I provided my high school diploma (translated from court translator to vocational school, both original and translations) which I uploaded as a proof that I meet the job requirements.
In the LMIA document it states the following about the job position:
Education requirements: No formal education requirements.
I have also uploaded my employment records (Dated from 2016) I also provided a reference letter that is singed and sealed from the CEO of my previous employer that states that I worked from 2013 till present.

(both concerns listed from the immigration officer make no sense - I have a positive LMIA as well as high school diploma...)


Today my Canadian employer emailed me with a supporting letter, suggesting that I should re-apply with it.
In the letter they included that I am vital to their ongoing project and that they are already facing delivery bottlenecks to their clients because of labor shortage in their department.
They also included that they already received the positive LMIA assessment. They also included that I meet the minimum job requirements (and listed them) with my 4 year secondary vocational school (high school).
And more.. the supporting letter is 2 pages long and indeed it looks promising (at least to me) - but I am wondering is this enough to change an immigration officer decision to the above "concerns"? I suggested that my employer included a immigration lawyer in the process (twice or trice) but they ignored this.

Should I re-apply is there no other way that I update my refused application?
(I don't want to have a stain in my record that I have been refused visa once - I will have to mention this everywhere in the future, plus I will have to pay the fees again $510 this time...)
I thought maybe I can I raise a CSE through the web form to provide the supporting letter https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx?AspxAutoDetectCookieSupport=1
If so - under what type of application/enquiry I should submit my supporting letter?

I can't begin to describe what kind of emotional roller coaster this has been for me and my spouse.

Thank you in advance,
Kindly

NOC 5241 requires more than just high school.

http://noc.esdc.gc.ca/English/noc/QuickSearch.aspx?ver=16&val65=5241

A university degree in visual arts with specialization in graphic design, commercial art, graphic communications or cartooning or completion of a college diploma program in graphic arts is required.

 

[entr0py]

I believe high school education is not enough for your NOC 5241. You should need at least post secondary or college education.

NOC 5241 requires more than just high school.

http://noc.esdc.gc.ca/English/noc/QuickSearch.aspx?ver=16&val65=5241

A university degree in visual arts with specialization in graphic design, commercial art, graphic communications or cartooning or completion of a college diploma program in graphic arts is required.

Are you sure?? I already know colleagues from last year that applied and immigrated to Canada with high-school diploma also...

In there under additional information It's stated the following:

• Progression to management or senior design positions is possible with experience.

I am senior with 6 years of experience.

Plus the LMIA itself stated no formal education requirement for my specific job position.

Thoughts?

 

[21Goose]

Are you sure?? I already know colleagues from last year that applied and immigrated to Canada with high-school diploma also...

In there under additional information It's stated the following:

• Progression to management or senior design positions is possible with experience.

I am senior with 6 years of experience.

Plus the LMIA itself stated no formal education requirement for my specific job position.

Thoughts?

I'm quoting the official NOC requirements from the Government of Canada. I don't know how your colleagues immigrated (did they do exactly the same NOC, the same LMIA, the same job, the same process etc?), so I can't speak to that. I'm simply telling you that the NOC you're applying under explicitly requires more than just high school.

You may be senior with 6 years of experience, but you don't meet the requirements of the NOC.

 

[entr0py]

I'm quoting the official NOC requirements from the Government of Canada. I don't know how your colleagues immigrated (did they do exactly the same NOC, the same LMIA, the same job, the same process etc?), so I can't speak to that. I'm simply telling you that the NOC you're applying under explicitly requires more than just high school.

You may be senior with 6 years of experience, but you don't meet the requirements of the NOC.

Yeah, they did applied for temporary visa through the global talent stream, with a contract and under the same noc! Probably the same LMIA not sure though - when you mentioned the LMIA, in the document itself it states that the job position dose not require any formal education - what about that?

 

[21Goose]

Yeah, they did applied for temporary visa through the global talent stream, with a contract and under the same noc! Probably the same LMIA not sure though - when you mentioned the LMIA, in the document itself it states that the job position dose not require any formal education - what about that?

Then you should consult with a lawyer/consultant and see what an experienced professional has to say. I don't think you meet the requirements of the NOC, but I'm not a professional.

 

[entr0py]

Then you should consult with a lawyer/consultant and see what an experienced professional has to say. I don't think you meet the requirements of the NOC, but I'm not a professional.

Fair enough, thank you for your insight.

What about my other question - could I raise a CSE if I decide to do so even if my application was refused? (Also i am not sure if i do, under what inquiry i should do it)

 

[21Goose]

Fair enough, thank you for your insight.

What about my other question - could I raise a CSE if I decide to do so even if my application was refused? (Also i am not sure if i do, under what inquiry i should do it)

You can raise a CSE, but the most likely outcome of that is that they will ask you to reapply. They only reopen cases where there's been a very clear and obvious error on their part.. which is not the case here. Still no harm in raising a CSE if you like, it won't adversely impact you. Just use "Other" or whatever is closest to that.

 

[entr0py]

You can raise a CSE, but the most likely outcome of that is that they will ask you to reapply. They only reopen cases where there's been a very clear and obvious error on their part.. which is not the case here. Still no harm in raising a CSE if you like, it won't adversely impact you. Just use "Other" or whatever is closest to that.

I see.. I think they did made a mistake however - with the first concern about the LMIA - i had the positive LMIA.

Thank you.

 

[bosco2814]

I see.. I think they did made a mistake however - with the first concern about the LMIA - i had the positive LMIA.

Thank you.

Any update?

 

[entr0py]

Any update?

Hi, sorry for the late replay, haven't logged back since.

Okay so, I learned that my application was submitted under the wrong program "International Mobility Program", where the application should have been submitted under the "Temporary Foreign Worker Program"... Because it was under IMP the employer was not eligible and I didn't had the required qualifications. After that, I applied again under the TFWP and I was approved! I've been In Canada for a few months now.