Refusal letter Can someone help

[pirchcom]

My girlfriend applied for work permit extention with her employer of 2 years , It was refused even tho she had the LMIA file number but no LMIA.
She then reapplied after recieving the LMIA but now its been refused.

Reason:

This letter refers to your application for work permit.
Your application as requested is refused.
You are not a person described in Immigration Legislation who can apply for this type of
document from within Canada. An application of this type must be made at a Canadian Visa
office in another country

Please help

Thanks

 

[scylla]

The refusal put her out of status in Canada. After she was refused, she needed to apply for restoration of her status as well as resubmitting the work permit application with the approved LMIA. Did she submit a restoration application?

 

[pirchcom]

Yes she applied for restoration when applying for second work permit. She also has visitor visa untill June 2015

 

[scylla]

In that case I unfortunately don't know the answer.

For some reason CIC doesn't believe she qualifies to extend her work permit from within Canada.

 

[Lady M]

Ok,she got this refusal letter but what they ask her do do? they said she have to live Canada and apply outside of Canada or she can apply in Canada with restoration?

 

[scylla]

Ok,she got this refusal letter but what they ask her do do? they said she have to live Canada and apply outside of Canada or she can apply in Canada with restoration?

She already applied for restoration along with the work permit and both were refused. You can't apply for restoration again. So the only choice at this point is to leave Canada.

 

[Lady M]

oh... this is the catch.... she has to go on border with her LMIA and she will get her work permit from there...it's because if she has visitor visa ,she can not apply within Canada....if she will go on border will be ok...

 

[pirchcom]

What documents does she need at the boarder Just her LMIA??

 

[Lady M]

LMIA,contract work,passport...and she will be ok,she can go at any border with USA,does't matter is she has US visa or not...

 

[scylla]

oh... this is the catch.... she has to go on border with her LMIA and she will get her work permit from there...it's because if she has visitor visa ,she can not apply within Canada....if she will go on border will be ok...

No - she can't. You can only go to the border for a work permit if you have status in Canada. That's one of the requirements for getting a work permit at the border. She has no status in Canada so this isn't an option for her.

 

[Lady M]

He just said,her status is visitor in Canada until 15 of June,so she can go to the border....

 

[pirchcom]

We just called CIC and they told her she cant flag pole because she isn't a US Citizen??
Btw she is from Philippines and has been in Canada as worker for 2 years and now on a tourist visa until June 2015.

Does the guy at cic know what he is talking about as I have read here that people flagpole to get work permits all the time with LMIA in Hand

 

[asagalen]

i have a friend who applied a work permit in the border she was holding a visitor visa that time.
she exits the border and re-entered canada just fine.

 

[pirchcom]

asagalen. What country was she from and was she able to get work permit with her LMIA. How long ago was this?

 

[asagalen]

she's from the philippines too. she originally entered canada as visitor and later on found an employer to become a worker. this was happened sometimes 6 years ago.

Yes she got the work permit that time.