Caregiver application (With LMIA)- Work Permit Application Denied

[Dreyyy]

ok I see. so it's actually VFS who did all these. let me ask you, is online application not available in the Philippines? that is better because your application goes directly to the Canadian embassy and they will request you to submit your documents (scanned copy only) accordingly. it's actually more convenient. mine I applied online from saudi arabia and I only started getting in touch with VFS when the embassy requested me to submit my passport.

Well online's an option here in the Philippines but we haven't tried that yet but we might this time. So you're saying that unless the embassy finds our documents sufficient, will we be asked to submit the passport to VFS? and by them asking us to submit the passport does that mean that we initially pass and have a higher chance of having a work permit?

are your siblings here in Canada already permanent residents? yup you can submit those documents, may be that would help convince the officer that your mother won't stay here permanently.

My eldest sister is a PR holder, her husband is a Canadian (born and raised). My Eldest brother on the other hand just came from Bahrain with an immigrant status, he came with his wife and 2 children.

most employers prefer those with recent experience. I guess that's how this visa officers think although it is not specifically stated in the employment requirements.

Let's hope that other officers to be considerate. Thank you and cheers!

 

[joidiple]

I am the employer in my situation.
I just sent an email to an immigration lawyer here in Canada.
I explained what happened, and I asked for advice on what to do next.
Maybe a Judicial Review is beneficial, so a different immigration officer will re-evaluate the application.

hi, just want to know when did you apply for an lmia and when was it approvd? sent you a pm. thanks

 

[marvz21]

Well online's an option here in the Philippines but we haven't tried that yet but we might this time. So you're saying that unless the embassy finds our documents sufficient, will we be asked to submit the passport to VFS? and by them asking us to submit the passport does that mean that we initially pass and have a higher chance of having a work permit? My eldest sister is a PR holder, her husband is a Canadian (born and raised). My Eldest brother on the other hand just came from Bahrain with an immigrant status, he came with his wife and 2 children.
Let's hope that other officers to be considerate. Thank you and cheers!

well, based on my experience with my application before, yup that's the way it is. they will not ask you to submit your passport unless they are satisfied with your documents and qualifications. they won't even ask you to do the medical exam upfront. so it's a step by step process- first they will ask you to submit first a set of documents, then another set of documents, then medical, then passport. that's what I know how the online application works. if they have an issue with your first set of documents, they won't ask you to submit the next. same with the medical. if you have issues with your medical, they won't ask for your passport. that's how I know it works. so once they asked for your passport, you can safely say your application is approved.

 

[joidiple]

I got a reply from the lawyer.
He advised me to request for the immigration officer's actual notes through the freedom of information act.
This will take minimum of 30 days processing time.
This way, we will have a better understanding of the real reason of the refusal.
Then try to fix the issue before reapplying.

About your LMIA question... The expiration date indicates the last day you can use the LMIA to apply for work permit.

hi i have a pm to you kabayan pilipino

 

[Darklighter]

We just had this same issue. Our applicant is under caregiver for children program (live out).

Our applicant just got denied her work permit after she submitted everything (VFS took passport) and CIC even asked her to go ahead do her medical which she did promptly. I thought they wouldn't ask you to do medical if there was any problem beforehand?? The medical cost a lot of money to be wasted like this.

Reason was they were concerned she would not leave Canada by the end of period authorized. They said they considered the following factors:
- employment prospects in country of residence
- current employment situation

This does not make sense to me. Reason she is applying for work permit is she has a job waiting for her here. Why does it matter what the current employment situation is? If it's approved, she will have a job.

Re: employment prospects in country of residence. If she decides to go back after her contract, wouldn't having worked abroad enhance her prospects? She also has the option of apply for PR and continuing to work here.

This just boggles.

Our LMIA expires in Dec. also so not much time left. We're going to try to request information under Access to Information Act and hopefully it will not take too long. Does anyone know how long this process takes?

Is there a way to appeal the original decision? Should we just re-apply and hope we get someone else processing? I don't know how else we can address the concerns.

 

[jpdx]

We just had this same issue. Our applicant is under caregiver for children program (live out).

Our applicant just got denied her work permit after she submitted everything (VFS took passport) and CIC even asked her to go ahead do her medical which she did promptly. I thought they wouldn't ask you to do medical if there was any problem beforehand?? The medical cost a lot of money to be wasted like this.

Reason was they were concerned she would not leave Canada by the end of period authorized. They said they considered the following factors:
- employment prospects in country of residence
- current employment situation

This does not make sense to me. Reason she is applying for work permit is she has a job waiting for her here. Why does it matter what the current employment situation is? If it's approved, she will have a job.

Re: employment prospects in country of residence. If she decides to go back after her contract, wouldn't having worked abroad enhance her prospects? She also has the option of apply for PR and continuing to work here.

This just boggles.

Our LMIA expires in Dec. also so not much time left. We're going to try to request information under Access to Information Act and hopefully it will not take too long. Does anyone know how long this process takes?

Is there a way to appeal the original decision? Should we just re-apply and hope we get someone else processing? I don't know how else we can address the concerns.

I can understand your frustration. I have the same sentiments about the reason for refusal, it does not make sense at all.

I talked to a lawyer and he advised me to get a copy of the immigration officer's complete notes on the case. This way, we can identify the real reasons of refusal so we can better position ourselves to reapply.

It takes 30 days to get this.
Unfortunately for me, my LMIA has expired so we are not in hurry to get it.

You cannot appeal the decision. You can only file a judicial review application if you feel that the application was improperly refused. You need a lawyer for this, and it does not guarantee an approval. The judge may decide that there was no error in the refusal process or may decide that another officer must re-evaulate the application.

Goodluck to you.

 

[rosellyalung]

Hello patulong naman dito kung paano magapply ng lmia please.....

 

[wsongco]

I can understand your frustration. I have the same sentiments about the reason for refusal, it does not make sense at all.

I talked to a lawyer and he advised me to get a copy of the immigration officer's complete notes on the case. This way, we can identify the real reasons of refusal so we can better position ourselves to reapply.

It takes 30 days to get this.
Unfortunately for me, my LMIA has expired so we are not in hurry to get it.

You cannot appeal the decision. You can only file a judicial review application if you feel that the application was improperly refused. You need a lawyer for this, and it does not guarantee an approval. The judge may decide that there was no error in the refusal process or may decide that another officer must re-evaulate the application.

Goodluck to you.

Any update

 

[AngelNoah]

Hello patulong naman dito kung paano magapply ng lmia please.....

Hi,
I actually need help also for lmia application. Have you got your Positive lmia?

 

[krizzy008]

Same as mine got denied few months ago and reapplied again hoping for a positive result by january..
My reason for refusal is family ties ...maybe my mother and siblings are all PR in canada and my employer is my brother...
di daw sigurado kung magwowork ako dun ksi nga employer ko kamaganak..hays ive got the necessary papers nman and current job here as an MT.hoping maapprove na ni justin tredeau ung no visa for caregivers pra mas madali satin hayss..

 

[krizzy008]

Hello patulong naman dito kung paano magapply ng lmia please.....

Hnap ka po employer sila magapply lmia mo...

 

[Buletruck]

My reason for refusal is family ties ...maybe my mother and siblings are all PR in canada and my employer is my brother...

Just an opinion, but as your brother is your employer, IRCC probably sees this as employment of convienience ( a way to get you to Canada without following regular immigration channels).

 

[krizzy008]

Just an opinion, but as your brother is your employer, IRCC probably sees this as employment of convienience ( a way to get you to Canada without following regular immigration channels).

I think so kahit nkapag aral at may exp nman ako dto hind pren kinonsider ..hehe will find a new employer nlng pag di paren nila naaccept ty for the reply any suggestions?

 

[krizzy008]

Just an opinion, but as your brother is your employer, IRCC probably sees this as employment of convienience ( a way to get you to Canada without following regular immigration channels).

GOt a positive news today finally..

 

[AngelNoah]

GOt a positive news today finally..

hi krizzy,
congratulations,.god is good.,.is that the positive lmia from your brother?
i would like to apply for my sister in law in cyprus,.please advice me,.