Denied work permit with positive LMIA

[Cj1226]

Hello everyone
I would like to ask if what we need to do on my employer.
I have positive LMIA 2022
Done all medical and biometrics and even Ielts same year working for chil care provider
But due that the immigration officer did not seen the year of job order has already expired. Its just late to announce and im just waiting for my visa. But suddenly the news break our heart that my work permit denied

 

[Naturgrl]

Hello everyone
I would like to ask if what we need to do on my employer.
I have positive LMIA 2022
Done all medical and biometrics and even Ielts same year working for chil care provider
But due that the immigration officer did not seen the year of job order has already expired. Its just late to announce and im just waiting for my visa. But suddenly the news break our heart that my work permit denied

So you have been refused a work permit for a child care provider. Are you in Canada? When did you apply? Is employer in Quebec? IRCC changed rules for child care givers In 2019.

If you are submitting an LMIA application on or after June 18, 2019 with the intention of hiring a caregiver from outside of Canada for a position located outside Quebec, please be advised that Immigration, Refugees and Citizenship Canada will not issue a work permit to the foreign national allowing them to work for you.

In most cases, the foreign national(s) that you name in your LMIA application must already be in Canada with a valid work or study permit in order to be eligible for a work permit based on an LMIA.

https://www.canada.ca/en/employment...orate/notices/hiring-caregivers-overseas.html

If you didn’t meet the criteria, then you must apply through the HCCP program. Having an approved LMIA did not allow you to apply for a work permit? It opens up on January 1 for a limited number of applicants and closes within a few days. You need to meet the criteria. LMIA is not required.

 

[Cj1226]

Im outside canada but my employer is in canada.

Yes there is a bit of confused me that i have positive LMIA yes it 2021 approved
And we got to process my wp. I done everything and i passed all tje requirements they need
Eligibility passed.

And just the immigration said that they did not notice on the date of Job offer is already expired.

And now my employer is willing to do everything to hire me.
I would like to know if what we need to do.

 

[Cj1226]

So you have been refused a work permit for a child care provider. Are you in Canada? When did you apply? Is employer in Quebec? IRCC changed rules for child care givers In 2019.

If you are submitting an LMIA application on or after June 18, 2019 with the intention of hiring a caregiver from outside of Canada for a position located outside Quebec, please be advised that Immigration, Refugees and Citizenship Canada will not issue a work permit to the foreign national allowing them to work for you.

In most cases, the foreign national(s) that you name in your LMIA application must already be in Canada with a valid work or study permit in order to be eligible for a work permit based on an LMIA.

https://www.canada.ca/en/employment...orate/notices/hiring-caregivers-overseas.html

If you didn’t meet the criteria, then you must apply through the HCCP program. Having an approved LMIA did not allow you to apply for a work permit? It opens up on January 1 for a limited number of applicants and closes within a few days. You need to meet the criteria. LMIA is not required.

My employer is Victoria BC

 

[Naturgrl]

Im outside canada but my employer is in canada.

Yes there is a bit of confused me that i have positive LMIA yes it 2021 approved
And we got to process my wp. I done everything and i passed all tje requirements they need
Eligibility passed.

And just the immigration said that they did not notice on the date of Job offer is already expired.

And now my employer is willing to do everything to hire me.
I would like to know if what we need to do.

Are you a child care giver? You apply through HCCP that opens on January 1. Make sure you have all your documentation ready to go with IELTS/ECA/job offer etc.

Your employer having a LMIA was of no benefit to you even in 2021. You were not eligible to apply for a work permit with a LMIA as outlined above and in the link. You needed to apply through the HCCP program.

FYI - if going this route it can take up to 3 years for approval once you apply in January.

 

[Cj1226]

Are you a child care giver? You apply through HCCP that opens on January 1. Make sure you have all your documentation ready to go with IELTS/ECA/job offer etc.

Your employer having a LMIA was of no benefit to you even in 2021. You were not eligible to apply for a work permit with a LMIA as outlined above and in the link. You needed to apply through the HCCP program.

FYI - if going this route it can take up to 3 years for approval once you apply in January.

I a so apply as hccp already. And done ielts will expire by 2 years and i take last 2022

 

[Cj1226]

I a so apply as hccp already. And done ielts will expire by 2 years and i take last 2022

Even my LMIA is still valid.

But the officer said to my employer. That there si no program has given to hire outside canada.

But its just not Fair for us that its to late for them to see that there fault release to, y employer a positive LMIA

 

[Naturgrl]

I a so apply as hccp already. And done ielts will expire by 2 years and i take last 2022

So when did you apply to HCCP? When did you get AOR? If so all you can do is wait.

 

[Cj1226]

So when did you apply to HCCP? When did you get AOR? If so all you can do is wait.

Last year 2021 that is my program hccp but sadly officer has mistake to overlook my application..
That is why now my employer doesn't know what to do my work permit. I have valid LMIA and passed all they ask for requirements

 

[Naturgrl]

Last year 2021 that is my program hccp but sadly officer has mistake to overlook my application..
That is why now my employer doesn't know what to do my work permit. I have valid LMIA and passed all they ask for requirements

Did you apply in 2022 (last year) or 2021? What do you mean officer had a mistake and overlooked your application for HCCP? Did you get AOR? Processing is around 36 months so you would not get decision for a while.

You don’t have a LMIA, your employer has the LMIA but you were not eligible to apply for a work permit based on what I told you above. The employer could have hired someone in Canada who had work authorization when the LMIA was approved.

 

[Cj1226]

Did you apply in 2022 (last year) or 2021? What do you mean officer had a mistake and overlooked your application for HCCP? Did you get AOR? Processing is around 36 months so you would not get decision for a while.

You don’t have a LMIA, your employer has the LMIA but you were not eligible to apply for a work permit based on what I told you above. The employer could have hired someone in Canada who had work authorization when the LMIA was approved.

Yes i have approved my LMIA already we apply 2021 by September on that year and after that i have my ielts by dec and biometrics same months i done medical march 2022 and passed it and my eligibility is also passed.

But the issues is. The immigration officer didn't see that my job application is already expired and we ask for consideration because first place its not our mistake.. Im just lucky my papers going to fast but its just unlucky to have this issues. Its heart breaking cause i just waiting for stamping of visa.
Only to be in canada

 

[Naturgrl]

Yes i have approved my LMIA already we apply 2021 by September on that year and after that i have my ielts by dec and biometrics same months i done medical march 2022 and passed it and my eligibility is also passed.

But the issues is. The immigration officer didn't see that my job application is already expired and we ask for consideration because first place its not our mistake.. Im just lucky my papers going to fast but its just unlucky to have this issues. Its heart breaking cause i just waiting for stamping of visa.
Only to be in canada

You were never eligible to apply for a work permit based on the LMIA. It was not YOUR LMIA, it was your employer’s. Your employer needed to find someone in Canada. So not sure what you were hoping for given you should not have applied and would have been refused. So have you been refused for a work permit or not?

But you say you applied for HCCP, correct? When did you apply?

 

[Cj1226]

You were never eligible to apply for a work permit based on the LMIA. It was not YOUR LMIA, it was your employer’s. Your employer needed to find someone in Canada. So not sure what you were hoping for given you should not have applied and would have been refused. So have you been refused for a work permit or not?

But you say you applied for HCCP, correct? When did you apply?

Its said on the letter
They send me cancel my application

 

[Cj1226]

Its said on the letter
They send me cancel my application

Apparent or receiving of the information of your lmi a job contract way that we note your application does not fall under the exemption from there if you seoul to process criteria for work permit application for caregiver where the lmi a was received on or after june 18 2019 your work permit application has therefore have been canceled

This is the letter said on me

 

[Naturgrl]

Its said on the letter
They send me cancel my application

So they cancelled your application via the LMIA because you were not eligible to apply. Your employer should have employed a person in Canada. Your application was rightly refused because your employer did not read the criteria. There is nothing to do because you should never have applied.

But you keep saying you also applied for HCCP which doesn’t require a LMIA. Did you do that with your ECA,IELTS and job offer.

https://www.canada.ca/en/immigratio...aregivers/child-care-home-support-worker.html

If you didn’t apply for HCCP and employer still wants to hire you then get documentation ready to apply right on January 1. Processing will take a few years.