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SENIORS pls help... visa rejection!!!

Becksterd

Hero Member
Apr 15, 2010
498
21
Edmonton, AB
NOC Code......
6641
Nomination.....
05-2013
IELTS Request
14-02-2014
Med's Request
10-2013
Med's Done....
11-2013
Passport Req..
02-2014
VISA ISSUED...
02-2014
LANDED..........
04-2014
hello

I am writing on behalf of my mum.. she had originally come to Canada on a Visit Visa (TRV) in 2007 and since then I have extended her stay almost ever 6 months under visitor status. In 2010 she received a job offer (LMO) and it was just before her current visitor status was expiring. Immigration told us we had to send in her papers for renewal and also send separate papers to Seattle (outside the country) for her work permit. In April 2010, her visitor status renewal got rejected and soon after she received a mail from Seattle saying her application for work permit is rejected and she has to return to India

So now my mum is back in India and her LMO is still valid till August. She wants to reapply for a work permit but is not sure what to put in the application as her work permit got rejected and her visitor status. When they ask the question in the form had you been denied a visitor visa etc... should she say yes... because she was denied a visitor status not visitor visa...???

PLEASE HELP... WHAT SHOULD SHE DO???
 
I

iarblue

Guest
She was not refused a visitors visa it was an extension right so i think you answered your own question lol answer NO.Hope that helps her good luck.
 

Becksterd

Hero Member
Apr 15, 2010
498
21
Edmonton, AB
NOC Code......
6641
Nomination.....
05-2013
IELTS Request
14-02-2014
Med's Request
10-2013
Med's Done....
11-2013
Passport Req..
02-2014
VISA ISSUED...
02-2014
LANDED..........
04-2014
iarblue

yes but she was refused a work permit and when u apply for a work permit from outside the country they put a visit visa in your passport also... so inevitably she had a visa refused right??
 
I

iarblue

Guest
No she was refused a work permit its different from a visit visa.A work visa is valid for a lot longer than a visit visa.She can apply for the work permit again from outside include the job offer.
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Becksterd said:
iarblue

yes but she was refused a work permit and when u apply for a work permit from outside the country they put a visit visa in your passport also... so inevitably she had a visa refused right??
Yes, you're right. She was refused a visa. When she sent her application for work permit to Seattle, she in effect applied for a Temporary Resident Visa as a worker and it was refused.
 
I

iarblue

Guest
Yes just tell her to apply under the FSW and include the job offer.She may be fine then.
 

Becksterd

Hero Member
Apr 15, 2010
498
21
Edmonton, AB
NOC Code......
6641
Nomination.....
05-2013
IELTS Request
14-02-2014
Med's Request
10-2013
Med's Done....
11-2013
Passport Req..
02-2014
VISA ISSUED...
02-2014
LANDED..........
04-2014
iarblue

but the job offer is not a skilled job
 
I

iarblue

Guest
if it is not a skilled job then she cant apply for a work permit thats why she was refused.So she needs to reapply for the visit visa.Thats why she was refused her extension she cant come as a visitor and then work unless it a skilled worker and she applies for that visa.
So in this case she may not get a visit visa either does she want to come here permantly.if so you may have to sponsor her as a family member.and that can take up to 4 years.

Eligibility to apply from outside Canada
To apply for a work permit from outside Canada, you must submit the following documents:

•a job offer from a Canadian employer
•a completed application, that shows that you meet the requirements of the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations, and
•written confirmation from Human Resources and Skills Development Canada (HRSDC) that the employer can hire a foreign worker to fill the job. This confirmation is called a positive labour market opinion.
◦In most cases, it is up to your employer to get that written confirmation. Information on the labour market opinion is found under Information for Canadian employers on the right-hand side of this page.
◦In some cases, you do not need a labour market opinion. (See Jobs that require a work permit but no labour market opinion.)
You must also do the following:

•Satisfy a visa officer that you will leave Canada at the end of your work permit.
•Show that you have enough money to support yourself and your family while you are in Canada.
•Respect the law and have no criminal record. (You may have to provide a police clearance certificate. See Police Certificates for more information.
•Show that you are not a risk to the security of Canada.
•Be in good health. (You may have to have a medical examination.)
Some temporary foreign workers can have Citizenship and Immigration Canada (CIC) start processing their work permit applications before a Canadian visa office has an approved labour market opinion. To find out more, see Concurrent processing: NOC, levels O, A and B in the Related Links section at the bottom of this page.

hope this helps.
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Becksterd said:
iarblue

but the job offer is not a skilled job
No big deal really that she applied for a visa and was refused. On the explanation part, just place Seattle and the date when she applied for the visa. Anything she wrote on her application is now in the data base including the notes of the officer who handled her case. The main concern would be displaying as much ties as possible that would warrant her going back to India after the temporary job is over. if she can prove that then she has a fighting chance at getting the TRV.
 
I

iarblue

Guest
Working temporarily in Canada: Jobs that require a work permit but no labour market opinion
People in the following categories need a work permit but do not need a labour market opinion from Human Resources and Social Development Canada (HRSDC).

•Workers covered under international agreements
Professionals, traders, investors and business people coming to Canada to work under certain international agreements
•Entrepreneurs and intra-company transferees
Some types of entrepreneurs, workers transferring within a company, and other types of workers who will provide significant benefit to Canadians or permanent residents by working in Canada
•Participants in exchange programs
People whose employment in Canada will provide similar employment to Canadians abroad, such as participants in youth exchange programs, teacher exchange programs or other reciprocal programs
•Co-op students
Foreign students who are studying in Canada and who need to do co-op work placements as part of their program of study
•Spouses
Spouses and common-law partners of certain foreign workers and of certain foreign students who are currently studying or working under the Post-Graduation Work Permit Program
◦Spouses of certain foreign students may obtain a work permit without having to obtain a labour market opinion from HRSDC. This exemption applies to spouses who are not themselves enrolled in full-time studies.
◦Eligibility criteria: To be allowed to work in this category, you must prove that you are the spouse of a student who holds a valid student permit and who is studying full time at a post-secondary institution—a university, a community college, a CEGEP, a technical or school of commercial studies—that is financed by the private or public sector and authorized by provincial law to award university degrees.
•Academics and students
Certain academics and students
•Religious workers
People doing charitable or religious work
•Others
Certain people who need to support themselves while they are in Canada for other reasons such as the refugee determination process
 

Becksterd

Hero Member
Apr 15, 2010
498
21
Edmonton, AB
NOC Code......
6641
Nomination.....
05-2013
IELTS Request
14-02-2014
Med's Request
10-2013
Med's Done....
11-2013
Passport Req..
02-2014
VISA ISSUED...
02-2014
LANDED..........
04-2014
iarblue

thank you for your feedback... I have been through this process myself... from being on a visitor status and apply for an unskilled job... so I know that you can get a workpermit / visa...

my only concern is that my mum's visit visa / visitor status is now rejected... so I don't know what her chances are of her actually getting a work permit... and what she needs to put on her application form...

Thank you anyway... I appreciate your detailed reply.... :)
 

Becksterd

Hero Member
Apr 15, 2010
498
21
Edmonton, AB
NOC Code......
6641
Nomination.....
05-2013
IELTS Request
14-02-2014
Med's Request
10-2013
Med's Done....
11-2013
Passport Req..
02-2014
VISA ISSUED...
02-2014
LANDED..........
04-2014
jobseeker

thanks for the input... I will let my mum know her next steps... I hope this works...