LMIA-exempt WP got rejected. Please advise.

[v_volf]

Hi All,

A question to whomever knows this subject well. My friend from Chile came to Canada on a working holiday open work permit. Before his WP had expired, he applied for a new work permit (LMIA-exempt under Canada-Chile free trade agreement) with a valid job offer and thus was awaiting for application decision on the implied status. Today, he received a letter advising that the application had been rejected based on the fact that he needed an LMIA. Two questions:

1. Do you think the officer’s decision is valid?

2. What are the options now? He needs to keep working, preferably. Apply for a different work permit? Restoration?

Advice will be highly appreciated.

 

[canuck_in_uk]

Hi All,

A question to whomever knows this subject well. My friend from Chile came to Canada on a working holiday open work permit. Before his WP had expired, he applied for a new work permit (LMIA-exempt under Canada-Chile free trade agreement) with a valid job offer and thus was awaiting for application decision on the implied status. Today, he received a letter advising that the application had been rejected based on the fact that he needed an LMIA. Two questions:

1. Do you think the officer’s decision is valid?

2. What are the options now? He needs to keep working, preferably. Apply for a different work permit? Restoration?

Advice will be highly appreciated.

Does the profession fall under CCFTA and does he have the required education?

If his previous permit has expired, he is out of status and must stop working as of today. If he continues working, it will be illegal.

 

[v_volf]

Does the profession fall under CCFTA and does he have the required education?

If his previous permit has expired, he is out of status and must stop working as of today. If he continues working, it will be illegal.

He’s a food service supervisor he has required education, so I’d say yes.
As to working, do I understand correctly that applying for a different work permit doesn’t extend / give implied status?

 

[Copingwithlife]

Here is a link to the CCFTA, with the listed professions and corresponding education requirements

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/international-free-trade-agreements/canada-chile.html

Maybe I’m missing it , but FoodService Supervisor isn’t listed under approved professions

 

[scylla]

He’s a food service supervisor he has required education, so I’d say yes.
As to working, do I understand correctly that applying for a different work permit doesn’t extend / give implied status?

He needs an LMIA. His occupation does not fall under the agreement.

He no longer has implied status and must stop working immediately. He's now in Canada without status. He'll need to apply to restore his status if he wants to remain here. Recommend he apply to restore his status to visitor since he doesn't qualify for a work permit at this time.

 

[v_volf]

He needs an LMIA. His occupation does not fall under the agreement.

He no longer has implied status and must stop working immediately. He's now in Canada without status. He'll need to apply to restore his status if he wants to remain here. Recommend he apply to restore his status to visitor since he doesn't qualify for a work permit at this time.

What about applying for a different work permit? Any sense in that action?

 

[scylla]

What about applying for a different work permit? Any sense in that action?

He has to apply for restoration no matter what he does. He's currently in Canada without status / illegally.

He cannot start working again until he once again holds a valid work permit. Again, he needs an approved LMIA to apply for a work permit. So no - no sense in applying for a different work permit.

 

[canuck_in_uk]

He’s a food service supervisor he has required education, so I’d say yes.
As to working, do I understand correctly that applying for a different work permit doesn’t extend / give implied status?

As stated above, that does not fall under the listed CCFTA professions. He was correctly refused. If he wants to stay in Canada, he can try applying for Restoration as a visitor. Otherwise, he needs to leave Canada as soon as possible.