An error in issuing a work permit?

[jenn17]

First of all, thanks for the information on this site...it has been helpful to date.

My question/dilemna/situation is this:

My boyfriend moved up to Canada on a work permit. It's time for him to renew. We made the mistake of trying to do so at a land border crossing (not knowing it could be done online).

The immigration officer there felt his original work permit was issued in error. The original explanation we were given was that the job code listed on his LMO says he needs his high school diploma. In speaking with HRDC, they stated that the LMO is more specific than their general guidelines online and that the LMO should be followed.

Immigration disagreed. Now they're claiming that it is a CIC requirement to have your diploma. They kindly gave him his work permit back until it expires in March...but were originally going to confiscate it and send him packing within a week.

The problem here is: 1) he did not complete high school and 2) it is not required by the employer or HRDC. He has been here for more than 6 months and may just have to pack up and leave it all behind. His work permit does not allow him to attend school.

Is there anything we can do? Is there some sort of appeal he can try? Is high school really a requirement or can some discretion be used?

Any advice is appreciated! He's worked so hard at establishing himself here and it would be a shame to lose someone so dedicated to work, family and friends.

Thanks!

 

[Rhino2604]

That sounds like a couple of gray areas. Not that it matters but what port of entry did you go to?

 

[jenn17]

We were at the Pacific Highway Crossing in Surrey, BC.

The problem I'm having computing this all is that the paperwork CIC gave us saying they wanted us back for "further examination" stated they needed to contact HRDC to see what HRDC's requirements were.

HRDC has stated they follow what the employer's requirements are. They pulled up this specific application and agreed that it was not required by the employer and that the LMO should stand as is.

So how can CIC now say it's up to them to interpret HRDC's meaning?

 

[SAMROY]

U HAVE OTHER SO MANY WAYS. CMON. TAKE HIM AS UR COMMON LAW SPOUSE FOR THE TIME BEING AND HE CAN GET HIS IMMIGRATION DONE TOO. U GUYS ARE THAT SMART ENOUGH??/

DONT WORRY EVERYTHING WILL BE ALLRIGHT

TAKE CARE

 

[Jillian]

Hi there,

I am having an issue also that sort of follows this topic.

There's been an error in my spouses' paperwork and immigration issued him the wrong visa:

1) We applied for perm residency under the common-law sponsorship
2) At the same time, we applied for him to get a TRP to allow him to continue to work until a decision was made on his permanent residency.
3) Immigration issued him a visitor visa for one year...which doesn't allow him to work or go to school.

We have taken the necessary steps to rectify this issue (i.e. written letters to immigration, including a letter from his employer stating that they wantt him to continue there), but what are the next steps?

Does Immigration make only final decisions or might they change their decision on this error/issue?

Has anyone heard of or had an experience like this?

Any help would be really appreciated.

Thank you!

 

[PMM]

Hi

Hi there,

I am having an issue also that sort of follows this topic.

There's been an error in my spouses' paperwork and immigration issued him the wrong visa:

1) We applied for perm residency under the common-law sponsorship
2) At the same time, we applied for him to get a TRP to allow him to continue to work until a decision was made on his permanent residency.
3) Immigration issued him a visitor visa for one year...which doesn't allow him to work or go to school.

We have taken the necessary steps to rectify this issue (i.e. written letters to immigration, including a letter from his employer stating that they wantt him to continue there), but what are the next steps?

Does Immigration make only final decisions or might they change their decision on this error/issue?

Has anyone heard of or had an experience like this?

Any help would be really appreciated.

Thank you!

They do not issue TRPs so an applicant can work during the process, if you check in the family class applications, you will see that "in-canada" applicants are waiting for Approval in Principle so that they are able to get an Open Work Permit. If you had submitted an OWP request with the application, he probably could have continued working at the same job with implied status, until a decision was made, but by requesting the TRP, the decision was made.

PMM

 

[Jillian]

Hi

Hi there,

I am having an issue also that sort of follows this topic.

There's been an error in my spouses' paperwork and immigration issued him the wrong visa:

1) We applied for perm residency under the common-law sponsorship
2) At the same time, we applied for him to get a TRP to allow him to continue to work until a decision was made on his permanent residency.
3) Immigration issued him a visitor visa for one year...which doesn't allow him to work or go to school.

We have taken the necessary steps to rectify this issue (i.e. written letters to immigration, including a letter from his employer stating that they wantt him to continue there), but what are the next steps?

Does Immigration make only final decisions or might they change their decision on this error/issue?

Has anyone heard of or had an experience like this?

Any help would be really appreciated.

Thank you!

They do not issue TRPs so an applicant can work during the process, if you check in the family class applications, you will see that "in-canada" applicants are waiting for Approval in Principle so that they are able to get an Open Work Permit. If you had submitted an OWP request with the application, he probably could have continued working at the same job with implied status, until a decision was made, but by requesting the TRP, the decision was made.

PMM

Hi PMM,

Thank you so much for you reply. My apologies for not responding back until now.

In follow up, would you have any advice from here?

As stated, we have submitted a letter stating the error, as well as a letter of employment from my partner's employer. Is it just a waiting game now? Do you think that the process at Immigration would allow them to do either: a) issue my partner a Work Permit or b) let him go back to Implied Status?

Again, any help is greatly appreciated.

Thank you.

 

[PMM]

Hi

Hi

Hi there,

I am having an issue also that sort of follows this topic.

There's been an error in my spouses' paperwork and immigration issued him the wrong visa:

1) We applied for perm residency under the common-law sponsorship
2) At the same time, we applied for him to get a TRP to allow him to continue to work until a decision was made on his permanent residency.
3) Immigration issued him a visitor visa for one year...which doesn't allow him to work or go to school.

We have taken the necessary steps to rectify this issue (i.e. written letters to immigration, including a letter from his employer stating that they wantt him to continue there), but what are the next steps?

Does Immigration make only final decisions or might they change their decision on this error/issue?

Has anyone heard of or had an experience like this?

Any help would be really appreciated.

Thank you!

They do not issue TRPs so an applicant can work during the process, if you check in the family class applications, you will see that "in-canada" applicants are waiting for Approval in Principle so that they are able to get an Open Work Permit. If you had submitted an OWP request with the application, he probably could have continued working at the same job with implied status, until a decision was made, but by requesting the TRP, the decision was made.

PMM

Hi PMM,

Thank you so much for you reply. My apologies for not responding back until now.

In follow up, would you have any advice from here?

As stated, we have submitted a letter stating the error, as well as a letter of employment from my partner's employer. Is it just a waiting game now? Do you think that the process at Immigration would allow them to do either: a) issue my partner a Work Permit or b) let him go back to Implied Status?

Again, any help is greatly appreciated.

Thank you.

No to both questions, unless the employer is able to get an approved LMO from Services Canada, then your spouse can apply for a work permit at a Port of Entry.

PMM

 

[jenn17]

Hello again. On the advice of two different immigration lawyers, many different CIC reps and two reps from HRDC, my boyfriend reapplied for an extension on his work permit. The reps at CIC suggested that we apply to Vegreville instead of the borders as they have more experience in issuing work permits.

We received a call today saying he needed to fax in his proof of education within 48 hours. Seeing how he hasn't completed school all we can do is write back with a response stating what everyone has told us so far....that the education isn't mandatory...it's based on the employer's requirements and the LMO.

Given our previous experience with this subject I'm very leary. Any suggestions on what our next step should be? Basically, we want to keep him here and keep him working. (He is court ordered to pay a very large amount of child support in Massachusetts) Should he apply for permanent residency as my common law? Should we get married? Is there some way to keep him working while this is all being processed?

Any help is VERY appreciated!!!!! Thanks in advance.

 

[jenn17]

Please...anyone. Would we be best to hire an immigration lawyer?

 

[jenn17]

PMM? Anyone? Please