Positive LMIA But Refused Immigration

[Draximal]

Dear All,

Last year I had a successful job interview with a company located in Quebec-Montreal.
After a short time, I started to work for this company remotely as an engineering consultant abroad.

A couple of months later, my company hired a lawyer for immigration purposes.
According to the process, we need to receive a positive LMIA first and then apply for immigration.

The process went great and we received positive LMIA in the November-December 2022 period. And the lawyer applied for immigration immediately after the positive LMIA.
It took 3 months to finalize the application, and suddenly we received a refusal for immigration. This was not the result that we were waiting for, yet we received.

The letter implied that the expert who decided to do this was not satisfied enough that I would leave Canada end of the temporary permit.

The Letter based the refusal decision on the following articles:

• You do not have significant family ties outside Canada.
• The purpose of your visit to Canada is not consistent with a temporary stay given the details you have provided in your application.
• You were not able to demonstrate that you will be able to adequately perform the work you seek.

Since the Lawyer prepared the application, I don't know what the meaning of the second bullet is, but the other ones look interesting.
For example (for the first bullet), I didn't know that we needed to be married or related to someone to apply for immigration. (My whole family is here, but I think they are referring to marriage or children. I have a girlfriend but we are not living together, so I am just a single person.)
Or (for the third bullet) the Company already received positive LMIA and I am working for this company for 8 months successfully.

I just wanted to share my experience of not getting a professional opinion (because this is a job and there is one person who is already working on it) but just wanted to hear about your similar experiences if any.

In the Letter, the person leaves the reapply chance open with additional documents to be provided.

My question is if the second application will also be refused for similar reasons. Is there any third-time application chance?

Wishes.

 

[AghA13]

Hi, I’m sorry to hear that. May I ask from where did you apply?

 

[Draximal]

Hi, I am living in Turkey.

 

[scylla]

Dear All,

Last year I had a successful job interview with a company located in Quebec-Montreal.
After a short time, I started to work for this company remotely as an engineering consultant abroad.

A couple of months later, my company hired a lawyer for immigration purposes.
According to the process, we need to receive a positive LMIA first and then apply for immigration.

The process went great and we received positive LMIA in the November-December 2022 period. And the lawyer applied for immigration immediately after the positive LMIA.
It took 3 months to finalize the application, and suddenly we received a refusal for immigration. This was not the result that we were waiting for, yet we received.

The letter implied that the expert who decided to do this was not satisfied enough that I would leave Canada end of the temporary permit.

The Letter based the refusal decision on the following articles:

• You do not have significant family ties outside Canada.
• The purpose of your visit to Canada is not consistent with a temporary stay given the details you have provided in your application.
• You were not able to demonstrate that you will be able to adequately perform the work you seek.

Since the Lawyer prepared the application, I don't know what the meaning of the second bullet is, but the other ones look interesting.
For example (for the first bullet), I didn't know that we needed to be married or related to someone to apply for immigration. (My whole family is here, but I think they are referring to marriage or children. I have a girlfriend but we are not living together, so I am just a single person.)
Or (for the third bullet) the Company already received positive LMIA and I am working for this company for 8 months successfully.

I just wanted to share my experience of not getting a professional opinion (because this is a job and there is one person who is already working on it) but just wanted to hear about your similar experiences if any.

In the Letter, the person leaves the reapply chance open with additional documents to be provided.

My question is if the second application will also be refused for similar reasons. Is there any third-time application chance?

Wishes.

You should really find out what the lawyer included in the application. It sounds like they put together a weak application. I would recommend you order GCMS notes before reapplying.

 

[Naturgrl]

Dear All,

Last year I had a successful job interview with a company located in Quebec-Montreal.
After a short time, I started to work for this company remotely as an engineering consultant abroad.

A couple of months later, my company hired a lawyer for immigration purposes.
According to the process, we need to receive a positive LMIA first and then apply for immigration.

The process went great and we received positive LMIA in the November-December 2022 period. And the lawyer applied for immigration immediately after the positive LMIA.
It took 3 months to finalize the application, and suddenly we received a refusal for immigration. This was not the result that we were waiting for, yet we received.

The letter implied that the expert who decided to do this was not satisfied enough that I would leave Canada end of the temporary permit.

The Letter based the refusal decision on the following articles:

• You do not have significant family ties outside Canada.
• The purpose of your visit to Canada is not consistent with a temporary stay given the details you have provided in your application.
• You were not able to demonstrate that you will be able to adequately perform the work you seek.

Since the Lawyer prepared the application, I don't know what the meaning of the second bullet is, but the other ones look interesting.
For example (for the first bullet), I didn't know that we needed to be married or related to someone to apply for immigration. (My whole family is here, but I think they are referring to marriage or children. I have a girlfriend but we are not living together, so I am just a single person.)
Or (for the third bullet) the Company already received positive LMIA and I am working for this company for 8 months successfully.

I just wanted to share my experience of not getting a professional opinion (because this is a job and there is one person who is already working on it) but just wanted to hear about your similar experiences if any.

In the Letter, the person leaves the reapply chance open with additional documents to be provided.

My question is if the second application will also be refused for similar reasons. Is there any third-time application chance?

Wishes.

Dear All,

Last year I had a successful job interview with a company located in Quebec-Montreal.
After a short time, I started to work for this company remotely as an engineering consultant abroad.

A couple of months later, my company hired a lawyer for immigration purposes.
According to the process, we need to receive a positive LMIA first and then apply for immigration.

The process went great and we received positive LMIA in the November-December 2022 period. And the lawyer applied for immigration immediately after the positive LMIA.
It took 3 months to finalize the application, and suddenly we received a refusal for immigration. This was not the result that we were waiting for, yet we received.

The letter implied that the expert who decided to do this was not satisfied enough that I would leave Canada end of the temporary permit.

The Letter based the refusal decision on the following articles:

• You do not have significant family ties outside Canada.
• The purpose of your visit to Canada is not consistent with a temporary stay given the details you have provided in your application.
• You were not able to demonstrate that you will be able to adequately perform the work you seek.

Since the Lawyer prepared the application, I don't know what the meaning of the second bullet is, but the other ones look interesting.
For example (for the first bullet), I didn't know that we needed to be married or related to someone to apply for immigration. (My whole family is here, but I think they are referring to marriage or children. I have a girlfriend but we are not living together, so I am just a single person.)
Or (for the third bullet) the Company already received positive LMIA and I am working for this company for 8 months successfully.

I just wanted to share my experience of not getting a professional opinion (because this is a job and there is one person who is already working on it) but just wanted to hear about your similar experiences if any.

In the Letter, the person leaves the reapply chance open with additional documents to be provided.

My question is if the second application will also be refused for similar reasons. Is there any third-time application chance?

Wishes.

Get GCMS notes and talk to your lawyer. You are still coming as a temporary worker so need to show ties to return. The third bullet has to do with your past experience and education. If you are an engineering consultant then you show past employment letters and ECA for your degree. You may want to include language results in English and French since working in Quebec. The company has a postive LMIA, but you have to prove you are the only one who can do the job. Working for them for only 8 months is not enough.

 

[Draximal]

Thanks for the answers, I will check what is the GCMS notes.

For the education thing, I am a mechanical engineer, but this role in the company is not a degree role.
But companies mostly prefer mechanical engineers, yet there is no need for a diploma.

I have direct experience in the same field as written in my CV. I don't know if the length of the experience is not enough.

Right now I put another 1 year of experience in this field to my CV while working remotely.

 

[Naturgrl]

Thanks for the answers, I will check what is the GCMS notes.

For the education thing, I am a mechanical engineer, but this role in the company is not a degree role.
But companies mostly prefer mechanical engineers, yet there is no need for a diploma.

I have direct experience in the same field as written in my CV. I don't know if the length of the experience is not enough.

Right now I put another 1 year of experience in this field to my CV while working remotely.

What is the NOC for the job? If you have direct experience from another employer then you would have included a reference letter. A positive LMIA from a company proves that no one in Canada can do the job. You have to prove that you are the only person that can do the job. Just working for the company is not enough. IRCC may feel that if you are working remotely already then no need to come to Canada.

 

[Draximal]

I checked the forms but couldn't determine the NOC number.

 

[Naturgrl]

I checked the forms but couldn't determine the NOC number.

The LMIA must have a NOC. Your past work experience and education should match the NOC.

 

[canuck78]

When you say all your family is in Canada so you mean siblings and parents? Did any of them apply for asylum?

 

[Draximal]

When you say all your family is in Canada so you mean siblings and parents? Did any of them apply for asylum?

My whole family living in Turkey, I don't have any ties with Canada.