mabmab said:
One of LVO Applicant (suppose to be) mdzahid179........His application is returned by CIC.NOC 0211.
I will quote his comments (Below)
i got the application package few days back and was lazy to update it here. The reason mentioned is
"If the requirements of sections 10 and 11 are not met, the application and all documents submitted
in support of the application shall be returned to the applicant. "
A review of your application indicates you do not meet the requirements of Regulation 10 of IRPA.
The application is being returned to you for this reason.
Dont know what does that mean. I submitted all the required documents on time.
(reference : http://www.canadavisa.com/canada-immigration-discussion-board/fsw-2013-applicants-timeline-lets-network-here-t146774.56280.html )
This is what it means. You violated work permit rules, so your work experience was not considered, hence application returned.
10. Open work permit
An open work permit enables the person to seek and accept employment, and to work for any employer for a specified period of time. An open permit may, however, restrict the occupation or location.
Open work permits should not be issued unless the person concerned may be issued a work permit that is exempt from an LMO.
A foreign national may apply for an open work permit outside of Canada, at a port of entry or after arrival to Canada.
10.1. Types of open work permits
There are two types of open permits that are presently used: those that are unrestricted, and those that restrict the occupation. Open work permits may be issued with or without occupational restrictions, depending on the applicant's medical status – ref.R185(b).
Open/unrestricted work permit
the employer, location and the occupation are unrestricted; NOC coding 9999;
issued to any eligible applicant who has passed a medical examination for immigration purposes with a result of M1, M2 or M3 (medical exam passed), or to persons who failed the medical examination (M5) but satisfy the criteria of R206 or R207(c) or (d).
Note: Medical surveillance must be imposed for persons assessed as M2/S2. Remarks on the permit should indicate “medical surveillance required”.
Open/occupation restricted work permit
the employer is open (or unspecified), however, an occupation restriction must be specified as the person cannot work in jobs where the protection of the public health is required;
issued to someone who has not completed an immigration medical examination;
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may apply for persons assessed as M3 or M5. The occupation restriction, where applicable, will be stated in the medical narrative (e.g., the physician may note that an epileptic should not be a pilot, work near open machinery or at heights). The restriction, not the actual medical condition, should be noted on the work permit. The restriction must be inserted in the “Remarks” section of the work permit.
Note: Persons assessed as M4 or M6 (risk to public health or safety) are not allowed to work. If the condition is controlled, a new medical examination is required before a work permit may be issued.
Conditions to be imposed for open/occupation restricted work permits
If a medical exam was not completed, one of the following conditions must be used. The specific occupation restriction will depend on whether or not the client has resided in a designated or non- designated country. (Please refer to website: http://www.cic.gc.ca/english/information/medical/dcl.asp.)
i) For persons from non-designated countries, the following remark should appear on the work permit:
“Not authorized to work in: 1) child care, 2) primary or secondary school teaching, 3) health services field occupations.”
ii) For persons from designated countries, the following remark should appear on the work permit:
“Not authorized to work in: 1) child care, 2) primary or secondary school teaching 3) health services field, 4) agricultural occupations.”
10.2. Who can be issued an open work permit?
Applicants in the following categories are eligible:
persons described under R206(a) or (b), exemption code S61 or S62 (see Section 5.40);
persons described under R207, exemption code A70 (see Section 5.41);
persons described under R208(a) or (b), exemption code H81 or H82 (see Section 5.42);
certain workers authorized to enter Canada on a reciprocal basis:
Canada World Youth Program participants, exemption code C20 (see Section 5.36);
certain international student and young worker exchange programs, C21 (some programs are employer-specific vs. being ‘open');
family members of foreign representatives and family members of military personnel: LMO exempt, C20, where a reciprocal arrangement exists (see Appendix F and Appendix C);
professional athletes authorized to enter Canada on the basis of exemption C20, who require other work to support themselves while playing for a Canadian team (e.g., CFL);
spouses of skilled workers, eligible under R205(c), C41 (see Section 5.38);
spouses of foreign students, eligible under R205(c), C42 (see Section 5.38);
spouses or dependent children, or persons working in an occupation specified by a province, who are eligible under a provincial/territorial program or pilot related to a Temporary Foreign Worker Annex of a Federal-Provincial/Territorial Immigration Agreement (see section 5.27).
Qualifying foreign nationals currently in Canada who have submitted an application for permanent residence (PR) under the Federal Skilled Worker Program (FSWP), the Canadian Experience Class (CEC), the Provincial Nominee Program (PNP) or the Federal Skilled Trades Program (FSTP) and who meet program eligibility requirements (see OB 485 issued December 14, 2012), may be considered for a bridging open Work Permit (WP) if their current WP will soon expire.
If a medical has not been completed, work permits should be open, or open/occupation restricted.
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11. Conditions, including validity period
General conditions are imposed on all temporary residents (including workers) by operation of R183. Individual conditions may be imposed by an officer under R185 as follows:
a period of stay, or validity period of the work permit must be imposed;
other conditions noted in R185(b) should be imposed depending on whether the work permit should be open or a medical examination has been completed (as per the instructions in Section 9 and Section 10).
11.1. What should the validity period be?
In general, the longer the duration of temporary stay, the greater the onus will be on the individual to provide evidence of temporary purpose at the time an application for a work permit or extension is made.
Circumstances to be considered include the following:
Passport Validity under R52(1); officers cannot issue a work permit or grant status as a temporary worker beyond the validity of the passport. Exceptions to this are noted in R52(2). An additional exception applies for work permits issued to those who may not have status as a temporary resident R202.
Note: All other criteria noted below are subject to passport validity, unless (like U.S. nationals) they are excepted.
LMO (subject to passport validity, officers should issue the work permit for the complete duration of the LMO taking into account CAQ validity where applicable);
expected duration of employment in the job offer;
maximum time allowed by any particular program or agreement in which the client is participating. (Some programs or agreements may limit the length of initial issuance, extensions or total length of employment in Canada. See Section 11.2.)
Providing requirements are met, officers should issue work permits for a longer rather than shorter duration. Where there is no reason to limit duration, officers should issue a work permit for the complete expected duration of the employment. It is in the Department's and the client‘s interest to lengthen the periods between times when clients require service, i.e. allowing a person to work, without having to submit renewal applications unnecessarily frequently, saves both the client's time and money, and the department's resources.
Note: If a TRV is necessary, it should be of the same duration as the work permit (or passport, if it will expire first) and it should allow for multiple entries, provided there are no restrictions noted in IC 2.
11.2. Categories of work with validity periods which may not be exceeded
Includes updates from OB 85
Category
Validity period
Notes
Professionals
NAFTA (R204(a), exemption T23): Work permits may be issued for three years, with renewals by three-year increments.
Other FTAs similar to the NAFTA: (R204(a), exemption T23): Work permits may be issued for one year, with renewals by one-year increments.
GATS (R204(a), exemption T33): 90-day limit per 12-month period.
No limit on the number of extensions providing the individual continues to comply with the requirements (Appendix G, section 3.7)
Intra-company
NAFTA (and other FTAs similar to the NAFTA)
* For these cases, a
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transferees
(R204(a), exemption T24), General Provisions under IRPA and GATS R205(a), (exemption C12): Work permits may be issued for the following periods:
Executives and managers: max. initial three years, unless opening an office (one-year); two-year renewals allowable; total period of stay may not exceed seven years; *
Specialized knowledge transferees: max. initial three years, unless opening an office (one-year); two-year renewals allowable; total period of stay may not exceed five years. *
minimum period of one year must pass after the time cap (max. total period of stay) before applicants are eligible to be issued a new work permit in these categories.
Documented time spent outside Canada may be “recaptured” . (See section 5.31)
International Experience Canada Programs
R205(b), exemption C21. Most programs are six months or one year. See the table in Appendix E.
Study permit holders
Work permits issued under R205(c)(i), C30, where the work is essential to the study program, should not exceed the validity date of the study permit.
Spousal employment provisions
Work permits issued under R205(c)(ii) exemption C41 or C42 (or under R205(b), C20 in the case of spouses of military personnel or diplomats) should not exceed the duration of the principal applicant's stay in Canada.
Post-graduate employment
R205(c)(ii), exemption C43 – Can be used only once; total employment up to a maximum of three years. (See OP 12 for details)
Live-In Caregiver Program
The maximum validity of the work permit (and the maximum to which it can be extended under this program) is four years.
Refer to OP 14, Section 5.9 for details
Refugee claimants, etc.
For work permits issued under R206, exemption S61 or S62, initial validity is 24 months, and renewals may be issued for one-year periods.
Destitute students
R208, exemption H81, a work permit should be issued only to allow the study permit holder to complete their term.
TRP holders
To be issued a work permit under R208, exemption H82, the temporary resident permit must be valid for a minimum of six months. The validity date of the work permit should not exceed the validity of the TRP.
Special category countries
In most cases, foreign workers from these countries may be issued work permits beyond a one-year validity. See Appendix A of IC 2.
