Rejection after 4 months - LMIA expired

[skouja]

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?

 

[chkdsk]

Hi skouja,

sorry to hear that.
Did your employer make a permanent job offer? I know their system made a lot of mistakes during the first two months. I have received an ITA as well in February although my job offer was just for a year (and I clearly chose non permanent job when filling out my profile). Their system still gave me 600 points. I have then received an email 2-3 weeks after saying that there was a mistake and they removed the 600 points, but left my ITA opened.
If this is not your case, maybe somebody else can be more helpful about possibility to contest. If without the 600 points, you are above 480 points, I would recreate a profile (GCkey) because there is a chance you get re-invited.

 

[skouja]

Hi skouja,

sorry to hear that.
Did your employer make a permanent job offer? I know their system made a lot of mistakes during the first two months. I have received an ITA as well in February although my job offer was just for a year (and I clearly chose non permanent job when filling out my profile). Their system still gave me 600 points. I have then received an email 2-3 weeks after saying that there was a mistake and they removed the 600 points, but left my ITA opened.
If this is not your case, maybe somebody else can be more helpful about possibility to contest. If without the 600 points, you are above 480 points, I would recreate a profile (GCkey) because there is a chance you get re-invited.

Hi chkdsk,
No it is not a permanent position, I have a 1 year full-time contract with closed WP.
On the CIC requirement, they don't mention anything about a permanent position :

LMIA requirements for temporary foreign workers applying for Express Entry

Express Entry candidates who are employed in Canada on a temporary resident work permit that was issued based on a positive LMIA issued by ESDC may, in certain circumstances, not need to acquire a new LMIA to support their expression of interest, even if the assessment expiry date posted on their LMIA has passed.

If candidates are currently working in Canada in a NOC 0, A, or B occupation and meet the requirements of the Federal Skilled Worker Program or the Canadian Experience Class, they do not need their employer to apply for a new LMIA to support their job offer under Express Entry if all the following requirements are met:

The candidate’s work permit is valid at the time they submit their profile.
The candidate is currently working for an employer specified on the work permit.
The candidate’s current employer has made an offer to employ the candidate in Canada on a full-time, non-seasonal, indeterminate basis in a NOC 2011 Skill Type 0, A or B occupation once a permanent resident visa, if any, is issued.
The job offer is from the same employer, as specified on the work permit.
The employer is not an embassy, consulate or high commission in Canada and does not appear on the list referred to in R203(6).


http://www.cic.gc.ca/english/resources/tools/perm/express/pool.asp

I only have 305 point without my lmia..

 

[dobes]

Hi chkdsk,
No it is not a permanent position, I have a 1 year full-time contract with closed WP.
On the CIC requirement, they don't mention anything about a permanent position :

LMIA requirements for temporary foreign workers applying for Express Entry

Express Entry candidates who are employed in Canada on a temporary resident work permit that was issued based on a positive LMIA issued by ESDC may, in certain circumstances, not need to acquire a new LMIA to support their expression of interest, even if the assessment expiry date posted on their LMIA has passed.

If candidates are currently working in Canada in a NOC 0, A, or B occupation and meet the requirements of the Federal Skilled Worker Program or the Canadian Experience Class, they do not need their employer to apply for a new LMIA to support their job offer under Express Entry if all the following requirements are met:

The candidate's work permit is valid at the time they submit their profile.
The candidate is currently working for an employer specified on the work permit.
The candidate's current employer has made an offer to employ the candidate in Canada on a full-time, non-seasonal, indeterminate basis in a NOC 2011 Skill Type 0, A or B occupation once a permanent resident visa, if any, is issued.
The job offer is from the same employer, as specified on the work permit.
The employer is not an embassy, consulate or high commission in Canada and does not appear on the list referred to in R203(6).


http://www.cic.gc.ca/english/resources/tools/perm/express/pool.asp

I only have 305 point without my lmia..

It's in the line about the offer being full-time non-seasonal, indeterminate basis. "Indeterminate" means no end date for the position.

 

[skouja]

so Only CEC applicant with permanent job can have their lmia valid?

 

[jes_ON]

No, it's not necessarily about the current job. It's about having a written offer of permanent employment contingent upon obtaining PR status.

http://www.cic.gc.ca/english/immigrate/skilled/offer.asp

"In other words, your job offer is valid, whether you are working in Canada or not, if your current or prospective employer:

has made an offer to give you a full-time, permanent, non-seasonal job if you are accepted as a permanent resident, and
has a positive Labour Market Impact Assessment from ESDC.
The only time the employer making you the offer does not need to get a new LMIA is when you are already working for them with a work permit that is based on an LMIA."

 

[skouja]

No, it's not necessarily about the current job. It's about having a written offer of permanent employment contingent upon obtaining PR status.

http://www.cic.gc.ca/english/immigrate/skilled/offer.asp

"In other words, your job offer is valid, whether you are working in Canada or not, if your current or prospective employer:

has made an offer to give you a full-time, permanent, non-seasonal job if you are accepted as a permanent resident, and
has a positive Labour Market Impact Assessment from ESDC.
The only time the employer making you the offer does not need to get a new LMIA is when you are already working for them with a work permit that is based on an LMIA."

Wow, thanks for pointing me this page, I never noticed this condition before...
I guess I will have to speak to my employer then

Many thanks for your help