Reasons for Rejection

[skouja]

Can you provide a link to that discussion? I'm interested in learning more.

On what basis did CIC decide the job was seasonal? they must have had some reason (valid or not) for coming to that conclusion. Does she work the same hours 12 months out of the year?

Hi, it is me :
http://www.canadavisa.com/canada-immigration-discussion-board/rejection-after-4-months-lmia-expired-t308225.0.html

"CIC juste rejected my application after 4 months of no new and after asking for my TEF result. They told me that my LMIA is expired and I lost 600points on my EE profile. This is crazy, I got ITA in january, sent my application 19th february and got AOR the 20th february. My LMIA was still valid until March 5th. And the work permit attached to this LMIA is valid until August. I still have my job, I am working with the same employer since september 2013.
On their website CIC says that LMIA must be valid WHEN we get ITA and WHEN they receive our application. So I did, I have my AOR and my GCM note I request last month that say my app was received on 20th feb 2015.... I also have the message from CIC that I get ITA under FSW by error and that my app will be review under CEC program the 27th feb...

Do i miss something?
Can I contest the decision?"

Someone told me you need to have a permanent job to have 600pt with your LMIA...

 

[kryt0n]

Can you provide a link to that discussion? I'm interested in learning more.

An allowance for a reasonable period of vacation time will generally be made in calculating the period of qualifying work experience (e.g., a two-week period of paid vacation leave within a given 52-week period in which the applicant was engaged in qualifying work experience).

http://www.cic.gc.ca/english/resources/tools/perm/econ/cec/work.asp

 

[specialmary]

http://www.cic.gc.ca/english/resources/tools/perm/econ/cec/work.asp

+1 to you.

I never noticed that CIC even had guidelines on annual leave.

 

[Dynonobel]

Hi, it is me :
http://www.canadavisa.com/canada-immigration-discussion-board/rejection-after-4-months-lmia-expired-t308225.0.html

"CIC juste rejected my application after 4 months of no new and after asking for my TEF result. They told me that my LMIA is expired and I lost 600points on my EE profile. This is crazy, I got ITA in january, sent my application 19th february and got AOR the 20th february. My LMIA was still valid until March 5th. And the work permit attached to this LMIA is valid until August. I still have my job, I am working with the same employer since september 2013.
On their website CIC says that LMIA must be valid WHEN we get ITA and WHEN they receive our application. So I did, I have my AOR and my GCM note I request last month that say my app was received on 20th feb 2015.... I also have the message from CIC that I get ITA under FSW by error and that my app will be review under CEC program the 27th feb...

Do i miss something?
Can I contest the decision?"

Someone told me you need to have a permanent job to have 600pt with your LMIA...

Hmmm, that doesn't make sense to me at all...

Is your work contract ending soon? Did you employer provide a letter stating that you will have continuous employment if you receive PR? It still wouldn't explain the reason given by CIC, but it would explain the rejection.

 

[skouja]

Hmmm, that doesn't make sense to me at all...

Is your work contract ending soon? Did you employer provide a letter stating that you will have continuous employment if you receive PR? It still wouldn't explain the reason given by CIC, but it would explain the rejection.

No, I was unaware I have to provide such a letter from my employer...

 

[Dynonobel]

No, I was unaware I have to provide such a letter from my employer...

I am truly sorry to hear that. Do you think your employer would like to continue your employment and be willing to provide that letter? Provided you get that letter you could still hope to receive another ITA and apply before your Work Permit expires.

 

[skouja]

I am truly sorry to hear that. Do you think your employer would like to continue your employment and be willing to provide that letter? Provided you get that letter you could still hope to receive another ITA and apply before your Work Permit expires.

Yeah I will have to speak with my employer about this, I know I will have a new extention of contract in august, with new wp and lmia... so yeah will see, I just very annoying those new rules

 

[specialmary]

Yeah I will have to speak with my employer about this, I know I will have a new extention of contract in august, with new wp and lmia... so yeah will see, I just very annoying those new rules

Good time to talk with an experienced lawyer. The lawyer letter explaining the situation may revert CIC's decision.

 

[sam_172452]

Yeah I will have to speak with my employer about this, I know I will have a new extention of contract in august, with new wp and lmia... so yeah will see, I just very annoying those new rules

Best of luck. It is always heart-breaking to read such stories especially since you are now well established in Canada.

I think it is a good time for some legal advice.

 

[Dynonobel]

Good time to talk with an experienced lawyer. The lawyer letter explaining the situation may revert CIC's decision.

Best of luck. It is always heart-breaking to read such stories especially since you are now well established in Canada.

I think it is a good time for some legal advice.

I don't want to sound insensitive, but this isn't really a case where a lawyer will be able to help. And I'm pretty sure Skouja has recognized that.

A permanent job offer is 100% required to get 600 points for LMIA. If the applicant can't demonstrate this then the application will be denied every time. I'm not sure how anyone believes a Lawyer could help change this decision.

Lets not try to give false hope here. But the good news is that it sounds like Skouja is in a situation able to apply again with the proper documentation. Best of Luck on your next attempt!

 

[rajanvnv]

Seniors/ Fellow Members,
I have a question regarding ECA. I have done a 3 years diploma, then directly joined 2nd year and did 3 years bachelors (1 year waived off due to my earlier credit from diploma) and 2 years Masters.
I have the ECA done for Bachelor's and Masters and have it ready.
When I create express entry profile, it is asking me for all education after secondary school and hence I mentioned my Diploma, Bachelors and Masters.
Will CIC ask me for the ECA for the diploma that I have done. Can someone please clarify. Though point-wise it is not an issue while creating express entry profile but will CIC expect me to submit the WES for diploma as well. Please clarify.

 

[ETE]

I don't want to sound insensitive, but this isn't really a case where a lawyer will be able to help. And I'm pretty sure Skouja has recognized that.

A permanent job offer is 100% required to get 600 points for LMIA. If the applicant can't demonstrate this then the application will be denied every time. I'm not sure how anyone believes a Lawyer could help change this decision.

Lets not try to give false hope here. But the good news is that it sounds like Skouja is in a situation able to apply again with the proper documentation. Best of Luck on your next attempt!

i actually think you are being pessimistic here. I have seen a lot of your comments and you seem to attack people's opinion. It is advisable to seek a legal advice in this situation. Immigration lawyers are there for a purpose mate.

 

[Dynonobel]

i actually think you are being pessimistic here. I have seen a lot of your comments and you seem to attack people's opinion. It is advisable to seek a legal advice in this situation. Immigration lawyers are there for a purpose mate.

I don't recall ever attacking anyone's opinion. But if I came across that way I do apologize. I honestly can't figure out where I have done this. My intention is to provide my opinion for the purposes of discussion. Then others provide their opinion. It's a conversation. If I've personally attacked someone or their opinion then again I apologize.

In the interest of discussion, do you mind sharing why you believe that it is advisable to seek legal advice in that situation? I'm not a lawyer and I'm always looking to learn more, it's why I'm here to begin with. How will a lawyer help overturn a decision to reject a case that does not have a job offer? As far as I know in order to receive 600 points based on an LMIA the applicant must have a job offer. Am I incorrect in that assumption?

And instead of getting preachy, how about we have a discussion, here, for free, and as a community put our heads together and come up with some advice for someone that asked for advice. Surely we can do better than blindly advising someone to spend hard earned money on a lawyer.

 

[AshesNdust]

I don't recall ever attacking anyone's opinion. But if I came across that way I do apologize. I honestly can't figure out where I have done this. My intention is to provide my opinion for the purposes of discussion. Then others provide their opinion. It's a conversation. If I've personally attacked someone or their opinion then again I apologize.

In the interest of discussion, do you mind sharing why you believe that it is advisable to seek legal advice in that situation? I'm not a lawyer and I'm always looking to learn more, it's why I'm here to begin with. How will a lawyer help overturn a decision to reject a case that does not have a job offer? As far as I know in order to receive 600 points based on an LMIA the applicant must have a job offer. Am I incorrect in that assumption?

And instead of getting preachy, how about we have a discussion, here, for free, and as a community put our heads together and come up with some advice for someone that asked for advice. Surely we can do better than blindly advising someone to spend hard earned money on a lawyer.

Never got that feeling from any of your posts either. As for seeking legal advice, I think in this case the lawyer would probably be able to make sure any forms or employment letters filled out are done correctly. If someone has already been rejected once, it probably a good idea to make sure that they don't make any more mistakes going forward and properly go about reopening their application.
One thing I have learned from a lot these rejection threads is that the majority of them are caused by people not turning in the necessary paperwork. Yes, it can be a bit confusing, and you are correct that this forum can be used as a powerful advice tool.
In this case, it sounds like the application was rejected be there wasn't a letter of employment stating that it was a fulltime permenant position. The validity of the LMIA is only part of the criteria to get the 600 points. It doesn't matter is someone has a job offer for 10 years, it cannot have an end date or assumed end date when a WP expires.

 

[PedDoc]

My employer( Canadian Provincial Government Organization) has said my " contract is 2 years and renewable every 2 years thereof " .Would this be okay or my application would be rejected