good evening everyone,
A friend of mine had recently applied for a work permit to a position for which he was chosen in 2023. The Employer applied for an LMIA and his application was submitted accordingly. IRCC refused his application initially stating that he did not have a 'job offer' despite him submitting a job offer with his application.
Furthermore, when he reapplied with a valid Job Offer with a new start date, he received a response stating that his LMIA was not valid. From the date of submission of his application it is clear that the LMIA was in fact valid when the application was submitted, calling in the fairness of the assessment process.
I am not a lawyer but I would assume this is a case for a Judicial Review? Especially since the only reasons for refusal were the two I have mentioned. I've found this to be an incredibly honest and helpful forum so I'm posting here:
A friend of mine had recently applied for a work permit to a position for which he was chosen in 2023. The Employer applied for an LMIA and his application was submitted accordingly. IRCC refused his application initially stating that he did not have a 'job offer' despite him submitting a job offer with his application.
Furthermore, when he reapplied with a valid Job Offer with a new start date, he received a response stating that his LMIA was not valid. From the date of submission of his application it is clear that the LMIA was in fact valid when the application was submitted, calling in the fairness of the assessment process.
I am not a lawyer but I would assume this is a case for a Judicial Review? Especially since the only reasons for refusal were the two I have mentioned. I've found this to be an incredibly honest and helpful forum so I'm posting here: