Negative LMIA - appeal by employer

[LadyOtillia]

Hi!
I’ve just received a negative LMIA because they misinterpreted the information in the form and placed me under a different position from the one my employer applied for. Consequently, their explanation was that I didn’t have the skills for that position and I was paid less than what is prescribed by the government, both of which is not true. My employer has filed an appeal today. Is it possible to receive a positive reply after this appeal or do you think the battle is over? I’m running out of time (9 days left on my Working Holiday permit) and am not sure whether I can continue working until I get the final decision. I’m in QC and keep getting different information from different sources I’ve contacted. Do I need the bridging work permit, how do I get it, there's no info about it... I'm really at the end of my tether.
Thanks for your help!

 

[scylla]

I'll help with a few of your questions.

You will have to stop working as soon as your working holiday visa expires. You would only be able to continue working if you had a new and approved work permit in hand before your current work permit expired. (Other classes of work permits benefit from implied status if you submit a work permit renewal before the current work permit expires - however working holiday visas don't.) There is no bridging work permit option available to you. Bridging Open Work Permit are for people who have applied for permanent residency in Canada through an economic class and have received confirmation that their application has been accepted for further processing.

You'll go out of status in Canada once your working holiday visa expires. So if you want to remain in Canada longer, you'll need to apply to change your status to visitor before your working holiday visa expires.

 

[johnny123]

Sorry to hear that. I'm wondering how did they come up with the conclusion that you don't have skills for the position??

 

[LadyOtillia]

Well I'm asking myself the same question. They contacted the employer and asked for a detailed description of my duties, which they provided. I work as a coordinator in an advertising agency (entry level position) and then somehow, the immigration concluded that I am actually Director of Sales. This was never mentioned in the application form, I've no idea where they got that from! And of course, a coordinator is not paid as much as a director, so they said that I'm underpaid for the position. Second, I don't have the skills to work as a sales director, which is not my position at all. A big mess from their side and I hope they will rectify it.

 

[beholder69]

As you said, no real info about the prospective employer is included in the LMIA application so not sure how all this came about. Moreover, the LMIA is an application for the employer, actually for the position the employer requires. Your skills would be considered when applying for a work permit, after the LMIA is approved, so this is not a valid reason for rejection.

It doesn't even concern them actually, they're just checking if hiring a foreign for the advertised position would have a negative impact on the Canadian labour market or not, that's it.

 

[LadyOtillia]

My boss was on the phone with them for two days, trying to explain that i have the skills for the position they applied for (coordinator) and that they need me. Funny thing...the guy whose signature stands in the rejection letter didn't even work on my file! So how can he make that decision? Anyway, a few more meltdowns this weekend and I'll be ready to pack my bags coz I can't continue working after WH expires, as I''ve been told. I've also applied for CSQ to begin my PR application but it'll take them a few months until they open my file. Which was already opened earlier but they returned the application to me coz I was missing a document. Resubmitted recently and now I wait.

 

[MLBxx1010]

My boss was on the phone with them for two days, trying to explain that i have the skills for the position they applied for (coordinator) and that they need me. Funny thing...the guy whose signature stands in the rejection letter didn't even work on my file! So how can he make that decision? Anyway, a few more meltdowns this weekend and I'll be ready to pack my bags coz I can't continue working after WH expires, as I''ve been told. I've also applied for CSQ to begin my PR application but it'll take them a few months until they open my file. Which was already opened earlier but they returned the application to me coz I was missing a document. Resubmitted recently and now I wait.

How's everything been? Was the appeal successful?

 

[MLBxx1010]

As you said, no real info about the prospective employer is included in the LMIA application so not sure how all this came about. Moreover, the LMIA is an application for the employer, actually for the position the employer requires. Your skills would be considered when applying for a work permit, after the LMIA is approved, so this is not a valid reason for rejection.

It doesn't even concern them actually, they're just checking if hiring a foreign for the advertised position would have a negative impact on the Canadian labour market or not, that's it.

So if they are not concerned, would that be a good thing or bad thing? Would it be easy to get approved if applied or rejected?