Can Refugee rejected apply for work permit **Urgent**

[MSB_Boparai]

Hi,

one of my friend got his refugee status rejected. But an employer is ready to give him a job. Can we apply work permit again even after rejection?

His actual work permit expired in 2011 and his PNP got disapproved due to some issues with employer.
Than he applied for refugee in order to get PR. but now he got rejected.

What do you think can he apply for work permit now? Any advise

 

[viber30]

I guess his employer has to apply for LMO . Then if it is positive he can apply for new work permit .

 

[MSB_Boparai]

I guess his employer has to apply for LMO . Then if it is positive he can apply for new work permit .

thanks viber30.

he is a trade worker. "welder" i was reading on cic site where it says LMO not need incase person is a trade worker
This is the link. Not sure if that is correct

http://www.cic.gc.ca/english/work/apply-who-permit.asp

 

[amikety]

thanks viber30.

he is a trade worker. "welder" i was reading on cic site where it says LMO not need incase person is a trade worker
This is the link. Not sure if that is correct

http://www.cic.gc.ca/english/work/apply-who-permit.asp

He's not likely to get the work permit, because it's for temporary workers and he's already proven he wants to stay in Canada with the refugee claim.

Welders are semi-skilled. They qualify for PNP in Alberta. It may also be a Federal Skilled Trade. Check here: http://www.cic.gc.ca/english/immigrate/trades/index.asp

Also, the idea to find some Canadian to marry is generally a bad idea. Marrying someone just to get PR is a crime and he can get deported and banned from Canada. If he is is a genuine relationship with a citizen or PR, they could look at the idea of sponsorship, but it will not guarantee he gets to stay in Canada. Failed refugee claimaints are always allowed to stay in Canada while their PR is processed, but there have been cases (recently) where refugee are deported regardless and have to re-apply for spousal PR from their home country.

 

[scylla]

Agreed. Pretty much zero chance that a work permit will be approved.

If he wants to return to Canada, he should apply to immigrate.

 

[MSB_Boparai]

He's not likely to get the work permit, because it's for temporary workers and he's already proven he wants to stay in Canada with the refugee claim.

Welders are semi-skilled. They qualify for PNP in Alberta. It may also be a Federal Skilled Trade. Check here: http://www.cic.gc.ca/english/immigrate/trades/index.asp

Also, the idea to find some Canadian to marry is generally a bad idea. Marrying someone just to get PR is a crime and he can get deported and banned from Canada. If he is is a genuine relationship with a citizen or PR, they could look at the idea of sponsorship, but it will not guarantee he gets to stay in Canada. Failed refugee claimaints are always allowed to stay in Canada while their PR is processed, but there have been cases (recently) where refugee are deported regardless and have to re-apply for spousal PR from their home country.

hi thanks for the input
he has kids back home so no chance of getting married here in canada
He came to canada as welder in alberta but moved to BC coz of weather issues.
Applied for BC PnP here and when got his employer got a call my friend was off for 2-3 weeks due to some family function of our relatives.
At this they rejected BC PnP. the immigration guy didn't tell us and kept on dragging and ultimately visa expired. After that he applied his case under Humanitarian and Compassionate Considerations category (which I guess is refugee) and that's wht I mentioned in beginning. correct me if I am wrong.


So now that's also been refused and at this moment ; we are looking for a way out on what basis he can come to canada again

 

[amikety]

hi thanks for the input
he has kids back home so no chance of getting married here in canada
He came to canada as welder in alberta but moved to BC coz of weather issues.
Applied for BC PnP here and when got his employer got a call my friend was off for 2-3 weeks due to some family function of our relatives.
At this they rejected BC PnP. the immigration guy didn't tell us and kept on dragging and ultimately visa expired. After that he applied his case under Humanitarian and Compassionate Considerations category (which I guess is refugee) and that's wht I mentioned in beginning. correct me if I am wrong.


So now that's also been refused and at this moment ; we are looking for a way out on what basis he can come to canada again

H&C isn't a refugee case. It's something completely different (and really didn't apply in his case). His employer doesn't have to support him for PNP. It's their decision to do so or not.

It also doesn't matter if the visa expired or not. It's still his job to maintain legal status. If he was waiting, he could've tried to get a new work permit or changed his status to visitor. Immigration doesn't accept excuses here. It's his status and his responsibility to maintain, even if he's waiting on someone else. (For example, I am a visitor waiting on my PR. If my visitor's status expires before my COPR comes, I must renew it. It's my job. I can't put it off because I'm waiting for my PR.)

I doubt he's telling you the whole store, because a lot of it doesn't make sense. Stop feeling sorry for him. He let his own status expire and applied for a H&C PR, which he had 0 chance of getting because he was misusing the process. It's NOT for people who can't get PNP..... it's for severe cases where nothing else applies.

At this point, he made his own bed. He's going to have to lay in it, no matter what country that is.

 

[MSB_Boparai]

H&C isn't a refugee case. It's something completely different (and really didn't apply in his case). His employer doesn't have to support him for PNP. It's their decision to do so or not.

It also doesn't matter if the visa expired or not. It's still his job to maintain legal status. If he was waiting, he could've tried to get a new work permit or changed his status to visitor. Immigration doesn't accept excuses here. It's his status and his responsibility to maintain, even if he's waiting on someone else. (For example, I am a visitor waiting on my PR. If my visitor's status expires before my COPR comes, I must renew it. It's my job. I can't put it off because I'm waiting for my PR.)

I doubt he's telling you the whole store, because a lot of it doesn't make sense. Stop feeling sorry for him. He let his own status expire and applied for a H&C PR, which he had 0 chance of getting because he was misusing the process. It's NOT for people who can't get PNP..... it's for severe cases where nothing else applies.

At this point, he made his own bed. He's going to have to lay in it, no matter what country that is.

tht is what I think. they are hidding something.
But do you think he can try for work permit again???

 

[amikety]

He can try, but in my opinion, it will be a waste of money. No one can really tell, though. It's up to CIC.

 

[MSB_Boparai]

Thanks

i will advise him to try again