Open work permit refusal, because no LMIA?

[Bruce74]

Hello Members!

We are currently in Canada I and my wife. We applied online from inside Canada for a OPW in March. We had Visitor Records when we applied to OWP We got last week OPW rejection,
Text of the rejection:
"You have not demonstrated that you are eligible to apply for an Open Work Permit under the Immigration and Refugee Protection Regulations. Your prospective employer is responsible for obtaining a valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada"

This seems strange to us, since OWPs are not job-specific, and you specifically don't need an LMIA. It is worth sending a web form to reconsider of application?

if anyone has any idea information please let me know,

Thank you.

 

[CanGoldDigger]

Who can apply for an open work permit?
You may be eligible for an open work permit if you

• are an international student who graduated from a designated learning institution and are eligible for the Post-Graduation Work Permit Program
• are a student who’s no longer able to meet the costs of your studies (destitute student)
• have an employer-specific work permit and are being abused or at risk of being abused in relation to your job in Canada
• are a dependent family member of someone who applied for permanent residence
• are the spouse, common-law partner or dependent child of a low- or high-skilled worker
• are the spouse or common-law partner of an international student
• are the spouse or common-law partner of an applicant of the Atlantic Immigration Pilot Program or the Atlantic Immigration Program
• are a refugee, refugee claimant, protected person or you’re their family member
• are under an unenforceable removal order
• are a temporary resident permit holder
• are in Canada and being sponsored as a spouse, common-law partner, conjugal partner or accompanying dependent child
• are a Quebec investor who received a Quebec Notice of Intent to Select

In each of these situations, you must meet additional criteria to be eligible.

https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=177

 

[Naturgrl]

How are you eligible for an open work permit if you are in Canada as a visitor? You cannot just come as a visitor and apply for an open work permit. That would be too easy for any visitor. Is your wife a student or on a work permit or PR for you to be eligible for open work permit. That is the only way you would be eligible. If not you need a job offer with LMIA to apply for a closed work permit.

 

[Bruce74]

How are you eligible for an open work permit if you are in Canada as a visitor? You cannot just come as a visitor and apply for an open work permit. That would be too easy for any visitor. Is your wife a student or on a work permit or PR for you to be eligible for open work permit. That is the only way you would be eligible. If not you need a job offer with LMIA to apply for a closed work per

Quote From apply application:

"Are you a spouse, common law partner or dependent child of person who":

"Holds a temporary resident permit that is valid for 6 month or more"

Here if you cannot answer "yes" to one of the points. The system does not allow you to continue filling in the OPW on the application form. It will be automatically rejected. And it will be written that you are not entitled to OPW.

LMIA is mentioned as the reason for rejection in our application. However, LMIA is not a condition for OPW

"Open work permits do not require a Labour Market Impact Assessment (LMIA) and have no conditions for a specific location or employer"

it seems from the rejection letter that LMIA is missing. However, LMIA is not a condition for OPW

 

[forevermore76]

Quote From apply application:

"Are you a spouse, common law partner or dependent child of person who":

"Holds a temporary resident permit that is valid for 6 month or more"

Here if you cannot answer "yes" to one of the points. The system does not allow you to continue filling in the OPW on the application form. It will be automatically rejected. And it will be written that you are not entitled to OPW.

LMIA is mentioned as the reason for rejection in our application. However, LMIA is not a condition for OPW

"Open work permits do not require a Labour Market Impact Assessment (LMIA) and have no conditions for a specific location or employer"

it seems from the rejection letter that LMIA is missing. However, LMIA is not a condition for OPW

Cool

 

[Naturgrl]

Quote From apply application:

"Are you a spouse, common law partner or dependent child of person who":

"Holds a temporary resident permit that is valid for 6 month or more"

Here if you cannot answer "yes" to one of the points. The system does not allow you to continue filling in the OPW on the application form. It will be automatically rejected. And it will be written that you are not entitled to OPW.

LMIA is mentioned as the reason for rejection in our application. However, LMIA is not a condition for OPW

"Open work permits do not require a Labour Market Impact Assessment (LMIA) and have no conditions for a specific location or employer"

it seems from the rejection letter that LMIA is missing. However, LMIA is not a condition for OPW

So which of the points is relevant to you?

You and your spouse don’t hold a temporary resident permit (TRP). You hold a temporary visitor permit (TRV) which is a visitor visa. TRPs are not visitor visas but special visas for people who may be inadmissible to Canada. Many people come on the forum and think that their visitor visa is a TRP, and it is not.You and your wife are not eligible for open work permits.

If you hare on TRVs and on visitor record, then you need a job offer with approved LMIA to apply for a closed work permit.

Explanation of TRP.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits.html

 

[Bruce74]

So which of the points is relevant to you?

You and your spouse don’t hold a temporary resident permit (TRP). You hold a temporary visitor permit (TRV) which is a visitor visa. TRPs are not visitor visas but special visas for people who may be inadmissible to Canada. Many people come on the forum and think that their visitor visa is a TRP, and it is not.You and your wife are not eligible for open work permits.

If you hare on TRVs and on visitor record, then you need a job offer with approved LMIA to apply for a closed work permit.

Explanation of TRP.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits.html

Thank you for your quick and thorough reply!

 

[scylla]

Quote From apply application:

"Are you a spouse, common law partner or dependent child of person who":

"Holds a temporary resident permit that is valid for 6 month or more"

Here if you cannot answer "yes" to one of the points. The system does not allow you to continue filling in the OPW on the application form. It will be automatically rejected. And it will be written that you are not entitled to OPW.

LMIA is mentioned as the reason for rejection in our application. However, LMIA is not a condition for OPW

"Open work permits do not require a Labour Market Impact Assessment (LMIA) and have no conditions for a specific location or employer"

it seems from the rejection letter that LMIA is missing. However, LMIA is not a condition for OPW

You don't hold temporary resident permits. You are here on temporary resident visas. TRPs and TRVs are two very different things. TRPs are for individuals who are otherwise inadmissible to Canada, typically due to a crime.

So you should have answered "no" to the question of whether you hold a temporary resident permit that is valid for six months or more.

You do not qualify for OWPs and were correctly refused.

 

[Bruce74]

You don't hold temporary resident permits. You are here on temporary resident visas. TRPs and TRVs are two very different things. TRPs are for individuals who are otherwise inadmissible to Canada, typically due to a crime.

So you should have answered "no" to the question of whether you hold a temporary resident permit that is valid for six months or more.

You do not qualify for OWPs and were correctly refused.

Thank you for your reply!

 

[scylla]

my spouse also got the same rejection. I applied for her OPW when I got AIP for my CEC PR application. But was rejected after I got my PR.

• are a dependent family member of someone who applied for permanent residence

This was the case that was satisfied. I did not get an option to submit LMIA when answered all questions correctly. Still got rejection. Can anyone tell me what can I do?

This is a completely different situation.

Wasn't your wife included as an accompany dependent and didn't she get PR at the same time as you?

 

[scylla]

@scylla thanks for your reply. My wife came to Canada when I was a PGWP holder. Then I got invitation to apply and she was not inlcuded because my points would be lower if I added her. So I applied for my PR only when she still had her SOWP. Since her OWP was expiring and she was in Canada we applied based on the fact that she is my dependent I received AIP for PR. This was one of the questions asked during the application for her new OWP application. After 6 moths she received this refusal reason. Do you think it is an error by IRCC or have I messed up somewhere?

I'm not sure if IRCC will approve the SOWP if she is non accompanying. Post your question to the EE section of the forum.

 

[CanGoldDigger]

But why would they say you are a dependent of someone who applied for PR or even have a category for "you are the spouse of someone who was approved in principle for PR"? isnt that weird!
\

Was your spouse included in your application?

 

[CanGoldDigger]

I mean yes I mentioned I was married and submitted marriage certificate during my PR application but she was listed as "accompanying" spouse.

Then she had to get the PR as well with you.

 

[scylla]

I mean yes I mentioned I was married and submitted marriage certificate during my PR application but she was listed as "accompanying" spouse.

That's not possible. If she was accompanying she would have gotten PR at the same time as you. She must have been listed as non accompanying. Assume she completed the medical and provided PCCs as part of your application.

 

[scylla]

sorry I meant to write "non-accompanying"

Assuming she was fully added to your PR application meaning you resubmitted all of the relevant forms, she completed the medical, she provided PCCs, etc. next step is for you to submit a spousal sponsorship application for her. Once your have AOR (2-3 months after you submit the sponsorship application) she can apply for an OWP.

You should have just included her as accompanying but that ship has long sailed.