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Need Help! really frustrated..Coming back to India

dh5689

Hero Member
Aug 20, 2014
398
72
Hey guys, right now going through very frustrating situation.

When i was in Canada,Went to boarder for extending work permit but officer refuse my work permit application due to the reason that he wasn't satisfied and he told me to leave canada in 15 days with volunteer departure order
Then later on i found out that i had an admissibility hearing on my name that week from my past application. When i attend a hearing, officer told me as you left canada(flagpole) this file was closed already and you can still make a request to an officer if he consider your application. Its all depend on CBSA officer.
And i did make a request but he told me that i don't have any status so i can't make application from here. I need to go India and do application from there.

Finally i flue back to india but fortunately got new supervisor LMIA with my field related experience.
Also holding USA multiple 10 years visitors visa as well.

Need some argent suggestion please.
 

scylla

VIP Member
Jun 8, 2010
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Category........
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File Transfer...
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Passport Req..
01-10-2010
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You need to apply for a new work permit from India as you have been instructed. Once the new work permit has been approved, you can return to Canada.
 

dh5689

Hero Member
Aug 20, 2014
398
72
scylla said:
You need to apply for a new work permit from India as you have been instructed. Once the new work permit has been approved, you can return to Canada.
Thanks scylla, but unfortunately i never showed up my retail supervisor experience in prior three application. does it affect in my future application??
as when i had an admissibility hearing, officer told me that you will be consider as fresh applicant when you applying for next time..what is that supposed to mean??
 

pretty_girl

Hero Member
Aug 18, 2014
343
10
Category........
Visa Office......
NS
Job Offer........
Pre-Assessed..
App. Filed.......
17-06-2015 rec. by CIO
Doc's Request.
PCC - 31-08-2015, Jan 21 2016, March 08 2016
Nomination.....
14-05-2015
AOR Received.
25-08-2015
IELTS Request
Submitted already 2015-06-17
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What is the reason of your admissibility?
 

scylla

VIP Member
Jun 8, 2010
95,971
22,200
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
dh5689 said:
Thanks scylla, but unfortunately i never showed up my retail supervisor experience in prior three application. does it affect in my future application??
as when i had an admissibility hearing, officer told me that you will be consider as fresh applicant when you applying for next time..what is that supposed to mean??
Sure - it may certainly impact your future application if you didn't show you retail experience in your last three applications. If you try to include this experience now, CIC will most likely thinks it's fake (because you never mentioned it previously) and may charge you with misrepresentation. If you don't include this experience, CIC may feel you aren't qualified for the role. I think the safest option is not to include this experience in your future application to avoid any chance of a misrepresentation finding.

By "fresh application" the officer meant that you have to submit a brand new application rather than a renewal.
 

dh5689

Hero Member
Aug 20, 2014
398
72
pretty_girl said:
What is the reason of your admissibility?
As me and my two other friends bought a business in 2014 and i applied open work permit extension from my business. I had closed work permit before which was about to expire in January 2015.
So i waited for the result almost 8 months and they gave me a refusal on August 25, 2015.
After 7 days CIC issued a admissibility hearing with allegation of Overstaying and Misrepresentation.
 

dh5689

Hero Member
Aug 20, 2014
398
72
scylla said:
Sure - it may certainly impact your future application if you didn't show you retail experience in your last three applications. If you try to include this experience now, CIC will most likely thinks it's fake (because you never mentioned it previously) and may charge you with misrepresentation. If you don't include this experience, CIC may feel you aren't qualified for the role. I think the safest option is not to include this experience in your future application to avoid any chance of a misrepresentation finding.

By "fresh application" the officer meant that you have to submit a brand new application rather than a renewal.
Thanks Scylla again for your honest opinion.
what is the safest things to do if i want to go Canada in 4 months?
as i have my business over there..and that LMIA from my business. they really need me over there. Please
 

pretty_girl

Hero Member
Aug 18, 2014
343
10
Category........
Visa Office......
NS
Job Offer........
Pre-Assessed..
App. Filed.......
17-06-2015 rec. by CIO
Doc's Request.
PCC - 31-08-2015, Jan 21 2016, March 08 2016
Nomination.....
14-05-2015
AOR Received.
25-08-2015
IELTS Request
Submitted already 2015-06-17
Med's Request
Upfront - October 22nd
Med's Done....
10-22-2015
Passport Req..
14-06-2016
VISA ISSUED...
28-06-2016
LANDED..........
Inland
dh5689 said:
As me and my two other friends bought a business in 2014 and i applied open work permit extension from my business. I had closed work permit before which was about to expire in January 2015.
So i waited for the result almost 8 months and they gave me a refusal on August 25, 2015.
After 7 days CIC issued a admissibility hearing with allegation of Overstaying and Misrepresentation.

Did you misrepresent something directly or indirectly?

You can apply for a new work permit from India based upon your LMIA. Current processing times for Delhi is 2 months.

http://www.cic.gc.ca/english/information/times/temp/workers.asp

Did you apply for PR already?
 

scylla

VIP Member
Jun 8, 2010
95,971
22,200
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
dh5689 said:
As me and my two other friends bought a business in 2014 and i applied open work permit extension from my business. I had closed work permit before which was about to expire in January 2015.
So i waited for the result almost 8 months and they gave me a refusal on August 25, 2015.
After 7 days CIC issued a admissibility hearing with allegation of Overstaying and Misrepresentation.
Were you actually charged with misrepresentation? Or were you potentially charged with working without having a valid work permit?
 

dh5689

Hero Member
Aug 20, 2014
398
72
pretty_girl said:
Did you misrepresent something directly or indirectly?

You can apply for a new work permit from India based upon your LMIA. Current processing times for Delhi is 2 months.

http://www.cic.gc.ca/english/information/times/temp/workers.asp

Did you apply for PR already?
No i wasn't...when i attend a hearing, officer din't even talk about Misrepresent. she was only talking about Overstaying as i stayed after my refusal letter but i thought i had 90 days restoration period thats why i stayed. even 90 days period also confirm with CIC call centre agent with email confirmation.
when i attend a hearing, officer told me that "you left country so this been closed already and you can make request again in front of CBSA officer if he allows you then you can get work permit again. as from CIC, everything is clear."

Now that Food service supervisor LMIA, CBSA officer told me i don't hv enough experience so i couldn't eligible for that LMIA but was wondering working in food counter position since two years so how come i m not qualified?

No i dint apply for PR yet..
 

dh5689

Hero Member
Aug 20, 2014
398
72
scylla said:
Were you actually charged with misrepresentation? Or were you potentially charged with working without having a valid work permit?
when i attend a hearing, she didn't even talk about misrepresentation. she told me that i got allegation of overstaying. but never ever mention of Misrepresentation.
she told "as i left country(flagpole) before this hearing so this is closed already, as i'm complying a condition. and from CIC, everything is clear. Now its upto CBSA officer if he allows my application again"
But cbsa officer said you can't apply here as you don't have any status.
 

scylla

VIP Member
Jun 8, 2010
95,971
22,200
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
In that case you just need to apply for the new work permit and hope for the best.
 

pretty_girl

Hero Member
Aug 18, 2014
343
10
Category........
Visa Office......
NS
Job Offer........
Pre-Assessed..
App. Filed.......
17-06-2015 rec. by CIO
Doc's Request.
PCC - 31-08-2015, Jan 21 2016, March 08 2016
Nomination.....
14-05-2015
AOR Received.
25-08-2015
IELTS Request
Submitted already 2015-06-17
Med's Request
Upfront - October 22nd
Med's Done....
10-22-2015
Passport Req..
14-06-2016
VISA ISSUED...
28-06-2016
LANDED..........
Inland
dh5689 said:
No i wasn't...when i attend a hearing, officer din't even talk about Misrepresent. she was only talking about Overstaying as i stayed after my refusal letter but i thought i had 90 days restoration period thats why i stayed. even 90 days period also confirm with CIC call centre agent with email confirmation.
when i attend a hearing, officer told me that "you left country so this been closed already and you can make request again in front of CBSA officer if he allows you then you can get work permit again. as from CIC, everything is clear."

Now that Food service supervisor LMIA, CBSA officer told me i don't hv enough experience so i couldn't eligible for that LMIA but was wondering working in food counter position since two years so how come i m not qualified?

No i dint apply for PR yet..
As Scylla said you just need to apply for a new work permit. Hopefully you will get it processed soon. You can study some management/service supervisor course till you wait for your application to be approved. You will not only learn something but it could also be a plus point for future immigration process.
 

dh5689

Hero Member
Aug 20, 2014
398
72
Thank you all guys for helping me at each an every points..really appreciated a lot. Thanks agin
 

dh5689

Hero Member
Aug 20, 2014
398
72
pretty_girl said:
As Scylla said you just need to apply for a new work permit. Hopefully you will get it processed soon. You can study some management/service supervisor course till you wait for your application to be approved. You will not only learn something but it could also be a plus point for future immigration process.
Yeah i hope everything will be okay,.will be a good immigration example in future. i will update everything.