Judicial Review? Need help

[Gaurav121]

You require a valid Labour Market Impact Assessment (LMIA) in order to qualify
for a work permit in Canada. Your spouse’s occupation is in the low skilled
national occupation code (NOC) category “C”. In order to qualify for a “C41”
LMIA exemption (spouse of a skilled worker), your spouse must work in a NOC
“O”, “A” or “B” occupation.
- You were issued two study permits to attend designated learning institutions in
Canada. The last study permit was to attend Makami College (doc F311749068 –
valid from 20 Oct 2017 to 19 April 2019. A search of our study permit
compliance portal indicates adverse information – no show. You are therefore in
non-compliance with R220.1(a) and (b):
Non-compliance with Act
Conditions — study permit holder
- 220.1 (1) The holder of a study permit in Canada is subject to the
following conditions:
- (a) they shall enroll at a designated learning institution and remain
enrolled at a designated learning institution until they complete their
studies; and
o (b) they shall actively pursue their course or program of study.



CIC refused my common law partner work permit giving the above reason !!
I believe they both are not valid as first inwas working as senior clerk which is also a head cashier and is a skilled job. Right now also i have a skilled job but in some other organization


Cic is statinf that my common law partner did not attent school. Her school was for 1 year from Jan-dec 2018. But after getting the stidy permit.. I applied her work permit too as i was a student at that time. So how can she attend school while being on a work permit

 

[scylla]

You require a valid Labour Market Impact Assessment (LMIA) in order to qualify
for a work permit in Canada. Your spouse’s occupation is in the low skilled
national occupation code (NOC) category “C”. In order to qualify for a “C41”
LMIA exemption (spouse of a skilled worker), your spouse must work in a NOC
“O”, “A” or “B” occupation.
- You were issued two study permits to attend designated learning institutions in
Canada. The last study permit was to attend Makami College (doc F311749068 –
valid from 20 Oct 2017 to 19 April 2019. A search of our study permit
compliance portal indicates adverse information – no show. You are therefore in
non-compliance with R220.1(a) and (b):
Non-compliance with Act
Conditions — study permit holder
- 220.1 (1) The holder of a study permit in Canada is subject to the
following conditions:
- (a) they shall enroll at a designated learning institution and remain
enrolled at a designated learning institution until they complete their
studies; and
o (b) they shall actively pursue their course or program of study.



CIC refused my common law partner work permit giving the above reason !!
I believe they both are not valid as first inwas working as senior clerk which is also a head cashier and is a skilled job. Right now also i have a skilled job but in some other organization


Cic is statinf that my common law partner did not attent school. Her school was for 1 year from Jan-dec 2018. But after getting the stidy permit.. I applied her work permit too as i was a student at that time. So how can she attend school while being on a work permit

You need to reapply and submit a better application - not appeal.

IRCC believes you are in a NOC C role. You need to submit stronger / better evidence to prove your role is NOC A, B, or 0. If you are in a head cashier role, for this to be NOC B, it would need to be in a relatively large store and you would need to supervise at least one if not several teams. You need to get a better job letter from your employer to prove you really have a NOC B role (and not NOC C).

 

[k.h.p.]

Aside from your job letter issues, your spouse has apparently not showed up to class since December 2018? Have they had a work permit in 2019? IRCC seems to think the permit was issued in October 2017, is that wrong?

 

[Gaurav121]

Aside from your job letter issues, your spouse has apparently not showed up to class since December 2018? Have they had a work permit in 2019? IRCC seems to think the permit was issued in October 2017, is that wrong?

Her session was supposed to start from Jan 2018 till december 2018.. Permit was issued in october for January session. But i already had her file going for open work permit in January which was approved. Why are they bringing her school permit now? I dont understand

 

[canuck78]

Her session was supposed to start from Jan 2018 till december 2018.. Permit was issued in october for January session. But i already had her file going for open work permit in January which was approved. Why are they bringing her school permit now? I dont understand

Which application was approved first the study permit of the SOWP? Did she arrive on a study permit but never attend classes? Did you apply for the SOWP in Canada? Are you 100% sure she was awarded an SOWP? It is not guaranteed for spouses of international students.

 

[Gaurav121]

Study permit was awarded first and later SOWP. Yes i apply for SOWP in canada. Yes i got it in my mail. She arrived in canada on a LMIA.