LMIA Work Visa Rejected + Spouse

[farzadso]

Hi,

I applied for a work visa under the Temporary Foreign Worker program after receiving the positive LMIA confirmation from my employer.

This is the reason I got:

Thank you for your interest in working in Canada. After careful review of your work permit application and supporting documentation under the Temporary Foreign Worker Program, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:
• You have failed to demonstrate that the employer committed to conclude with you an employment agreement that provides for employment in the same occupation and the same wages and working conditions as those set out in the LMIA.

I also applied for a temporary resident visa (vistor visa) for my wife at the same time in my profile as a dependent and she got rejected too:

The purpose of your visit to Canada is not consistent with a temporary stay given the details you have provided in your application.

Does anyone know what I have to do from here on?

Was a visitor visa the correct option for my spouse?

 

[scylla]

Hi,

I applied for a work visa under the Temporary Foreign Worker program after receiving the positive LMIA confirmation from my employer.

This is the reason I got:



I also applied for a temporary resident visa (vistor visa) for my wife at the same time in my profile as a dependent and she got rejected too:



Does anyone know what I have to do from here on?

Was a visitor visa the correct option for my spouse?

Depends. Was your spouse planning on coming for a short visit (few weeks)? Or planning to move with you? If the second, then a visitor visa was the wrong option and you should have applied for a SOWP.

However the first step is to address the work permit refusal reasons which will require changes on your employer's side.

 

[Naturgrl]

What is your NOC? Does the salary in the LMIA match the job offer letter? Does the LMIA requirements match the job offer (salary, NOC, location etc.)?

 

[rajinderk5366]

After how many days from submition of ur work permit application u got this work permit rejection????

Hi,

I applied for a work visa under the Temporary Foreign Worker program after receiving the positive LMIA confirmation from my employer.

This is the reason I got:



I also applied for a temporary resident visa (vistor visa) for my wife at the same time in my profile as a dependent and she got rejected too:



Does anyone know what I have to do from here on?

Was a visitor visa the correct option for my spouse?

 

[farzadso]

Depends. Was your spouse planning on coming for a short visit (few weeks)? Or planning to move with you? If the second, then a visitor visa was the wrong option and you should have applied for a SOWP.

However the first step is to address the work permit refusal reasons which will require changes on your employer's side.

Thanks for the reply.

Yes. She is planning to move with me during the period of time I will be working at Canada.

I couldn't find a section in the IRCC portal to apply for an SOWP, therefore I applied for a visitor visa instead. Is it possible to apply for an SOWP while I'm applying for myself and in the same application? Or do I have to move to Canada first and then apply for her?

 

[farzadso]

What is your NOC? Does the salary in the LMIA match the job offer letter? Does the LMIA requirements match the job offer (salary, NOC, location etc.)?

Thank you for pointing this out. I just did some calculations, and it seems like the wage in LMIA is around $8000 more annually compared to my contract.
My NOC is 21231

 

[farzadso]

After how many days from submition of ur work permit application u got this work permit rejection????

Less than a month. I got a notification to do the biometrics and I did it around 1.5 weeks after receiving the update. I got rejected 1 day after doing the biometrics.

 

[rajinderk5366]

Less than a month. I got a notification to do the biometrics and I did it around 1.5 weeks after receiving the update. I got rejected 1 day after doing the biometrics.

then as of my knowledge, something related to ur noc or wages.. because it is rejected way before the background check or even document authentication.

 

[farzadso]

then as of my knowledge, something related to ur noc or wages.. because it is rejected way before the background check or even document authentication.

So, will they reconsider my application if I get the company to fix the mistake in their contract and resubmit (there goes another $450 )?

 

[Naturgrl]

Thank you for pointing this out. I just did some calculations, and it seems like the wage in LMIA is around $8000 more annually compared to my contract.
My NOC is 21231

So the LMIA and job letter do not match. Your employer must agree to the wage increase with a new job letter. Then reapply.

 

[canuck78]

There are a lot of unemployed software developers in Canada at the moment. Looks like the employer was trying to save money by trying to bring in employees from abroad and pay them significantly less than they would have to pay someone already in Canada.

 

[Copingwithlife]

There are a lot of unemployed software developers in Canada at the moment. Looks like the employer was trying to save money by trying to bring in employees from abroad and pay them significantly less than they would have to pay someone already in Canada.

In other words “ undercutting the market “

That’s a no no

 

[farzadso]

Oh no. That isn't the case as I would never accept a job that underpays me. The issue was a slight miscalculation on my employer's side, which is now patched up.

Off-topic: If you're a software developer and it takes you more than a month or two to land a job, you're probably doing something wrong.

 

[farzadso]

I have another question. Is it possible to apply for my spouse's open work permit visa at the same time as my application or should I wait for my work visa first?

 

[scylla]

I have another question. Is it possible to apply for my spouse's open work permit visa at the same time as my application or should I wait for my work visa first?

You can apply for both at the same time.