RECONSIDERATION LETTER REQUEST TO IRCC

[Naturgrl]

Hi all

Thanks for your response, actually from what I was explained the organization chart is provided upon request from PFL. With the structure with manager level reporting to higher senior level (me), and people underneath them. Still my submission is rejected. Do you really think reconsideration letter can be filed to change the decision?

So you are a senior manager of one person (manager), and that manager manages the staff. If so understand why IRCC is concerned since you are not directly managing anyone. Why would the manager need to report to you? How long was position vacant?

 

[Naturgrl]

LMIA BASED WP APPLICATION

NOC 73300

Application Submitted: June 2024
Biometrics: Updated from previous application
Medical: Upfront June 2024
Decision: REFUSED

Application processed in 12 weeks from INDIA (Submitted during my annual vacation in India as I work in the middle east)

I had a previous WP refusal and I had sent a reconsideration request but no reply received for 3 months, though I had addressed all the concerns with documentation.

I submitted a new WP application as LMIA was still valid and addressed all the previous refusal reasons with proper documentation.

WP refused again for the reason, officer not satisfied that I will be able to perform the job i seek.

But my dilemma is, this concern was not raised in the previous refusal and i am working in the same profession in the middle east from the past 5 yrs and still continuing. I had attached experience certificates from my current employer and past middle east work permits stamped on my passport along with govt certified abstract and current middle east work status is valid for another 15 months. I had even enrolled in a MELTS training centre in Canada and attached an undertaking to complete MELTS upon arrival.

This time, previous refusal reasons were not mentioned and only one reason was mentioned for WP refusal.

I have applied for notes and sent a reconsideration request.

Any other suggestions ?

So you were rightly refused because you cannot perform the job. You don’t even have a provincial driver’s license to drive a car. And you still need that plus your trucker’s licensed. If you have to take MELTS training upon arrival then you cannot perform the job upon entry. If you fail then you are stuck.

 

[Peaceful Soul]

So you were rightly refused because you cannot perform the job. You don’t even have a provincial driver’s license to drive a car. And you still need that plus your trucker’s licensed. If you have to take MELTS training upon arrival then you cannot perform the job upon entry. If you fail then you are stuck.

So, you mean to say that all temporary foreign workers, working in noc 73300, who got lmia and had their work permit processed, already had the MELTS training done and canadian driving license issued before arriving in Canada.

Because normally, foreign workers first reach the country they intend to work in and then they apply and train to get a driving license as per that particular country's rules and regulations.

 

[Naturgrl]

So, you mean to say that all temporary foreign workers, working in noc 73300, who got lmia and had their work permit processed, already had the MELTS training done and canadian driving license issued before arriving in Canada.

Because normally, foreign workers first reach the country they intend to work in and then they apply and train to get a driving license as per that particular country's rules and regulations.

So order GCMS notes and find out. Many get PR first. If you have approved LMIA why not apply for Express Entry and get the 50 points. Many who got LMIAs were in Canada and did the course before getting work permit. Now you cannot apply for work permit from within Canada. When does LMIA expire?

 

[Peaceful Soul]

So order GCMS notes and find out. Most get PR first. Many who got LMIAs were in Canada and did the course before getting work permit. Now you cannot apply for work permit from within Canada.

Similarly, there are many, under noc 73300, who got their work permits processed from outside Canada based on their work experience and language skills. They did their training upon arrival in Canada and got CDL.

I have 5 yrs expeience and a score of 7 each in ielts

I have ordered GCMS notes

 

[Naturgrl]

Similarly, there are many, under noc 73300, who got their work permits processed from outside Canada based on their work experience and language skills. They did their training upon arrival in Canada and got CDL.

I have 5 yrs expeience and a score of 7 each in ielts

I have ordered GCMS notes

But if you read about what the government is doing now, the government is slowing down those coming in on temporary work permits. LMIAs and closed work permits were issued in the past but now fewer will be approved. LMIAs are not longer an option for low skilled (not you) but you have two refusals so something is not right in your application.

 

[Peaceful Soul]

So order GCMS notes and find out. Many get PR first. If you have approved LMIA why not apply for Express Entry and get the 50 points. Many who got LMIAs were in Canada and did the course before getting work permit. Now you cannot apply for work permit from within Canada. When does LMIA expire?

I have created & submitted EE Profile, but transport trade draw has not occured since last 6 months.

There are few more months before lmia expires

Should I, go for a judicial review if there is no response to reconsideration request within a month ?

 

[Peaceful Soul]

But if you read about what the government is doing now, the government is slowing down those coming in on temporary work permits. LMIAs and closed work permits were issued in the past but now fewer will be approved. LMIAs are not longer an option for low skilled (not you) but you have two refusals so something is not right in your application.

You are right, they have increased the scrutiny, let's get the GCMS notes first and then only, it can be figured out about what went missing.

 

[Peaceful Soul]

But if you read about what the government is doing now, the government is slowing down those coming in on temporary work permits. LMIAs and closed work permits were issued in the past but now fewer will be approved. LMIAs are not longer an option for low skilled (not you) but you have two refusals so something is not right in your application.

As far as the previous refusals are concerned, I had addressed the previous concerns well and they were not raised this time, but they again come up with new concerns.

 

[Gentlerook399]

Hi everyone,

I am writing here because recently i got cancellation for incomplete document for PR. The VO is asking for recent PCC for a country I have left 2 years ago. I initially submitted a PCC from the same country but VO is asking for updated one like 6 months before or after i left which i can not get easily. I am trying to apply for a reconsideration and I will be glad if anyone here can provide me with reconsideration sample letter AND possible advise on what else to do to get this application reopened.

Thanks

 

[Naturgrl]

Hi everyone,

I am writing here because recently i got cancellation for incomplete document for PR. The VO is asking for recent PCC for a country I have left 2 years ago. I initially submitted a PCC from the same country but VO is asking for updated one like 6 months before or after i left which i can not get easily. I am trying to apply for a reconsideration and I will be glad if anyone here can provide me with reconsideration sample letter AND possible advise on what else to do to get this application reopened.

Thanks

Sorry what does this have to do with foreign workers and LMIAs. Post under Express or PNP.

 

[Gentlerook399]

Like i said "I need the reconsideration letter sample"

Sorry what does this have to do with foreign workers and LMIAs. Post under Express or PNP.

 

[Getgo88]

So you are a senior manager of one person (manager), and that manager manages the staff. If so understand why IRCC is concerned since you are not directly managing anyone. Why would the manager need to report to you? How long was position vacant?

No not 1 manager but there are a few managers will report to this position (me). Those managers actually manage few staffs below. The position as far as I know is a new one and vacant since earlier last year. From the refusal letter there are very few information I can get. I think its better getting the GCMS to see further. Yet, this whole process is kind of subjective right?

 

[Naturgrl]

No not 1 manager but there are a few managers will report to this position (me). Those managers actually manage few staffs below. The position as far as I know is a new one and vacant since earlier last year. From the refusal letter there are very few information I can get. I think its better getting the GCMS to see further. Yet, this whole process is kind of subjective right?

If the position is new then company may need to explain why a senior manager is now needed to manage a few other managers. That is why they are want organizational charts. Probably looking at financial statements and past plans to see the process on why company needed to add another layer of management especially if company is not that large. All you can do is wait.

 

[Angelina Dou]

You send reconsideration through webform. The whole point of reconsideration is to point out and explain the error in law not to attach new documents. If you are attaching new supporting documents then reapply.

When I read this reply last week, I was sad and frustrated. Cuz I submitted a webform ask for reconsideration of a PWGP spouse open work-permit due to lacking PGWP main applicant's employment letter. But at that point, since we applied jointly. It would have been unreasonable to expect an employment letter, as WITHOUT PGWP confirmation letter, main applicant was not legally allowed to work yet. How could they expect an employment letter if PGWP and Spouse WP were applied together at that time? So I submitted the employment letter by webform and explained I had the employment letter since May, I was refused on Sep 24th. I was hopefully for a positvie reconsideration. But today, after a month. They send me a message back said decision remain unchanged. We should submit a new application and pay the fee.I looked it up, the processing time is now 138 days. It's so frustrating.

So now my questions is that.
My father in low is almost 80 years old. He has just done a surgical operation. His condition isn't very good.
I have submitted the Restoration application 2 weeks ago. During the 138days of waiting time for the restoration, my husband can't leave Canada.
We worried that my father in law's condition might go worse, if he can't leave the country other wise the restoration will be cancelled.
We talked to a consultant, he suggest us to withdraw the restoration and leave Canada right away. Do a new application (PGWP Spouse open work permit application ) in his home country. So that he can wait there while keeping his father company incase anything bad happened.

Is that workable please? I am so lost direction. I read lots of your relies. You seem like very knowledgeable in this field. Hopefully you can give me some guidance.

When my father pass away, I wasn't there. I don't want that happened to my husband as well.

Thank you so much for your time.