Urgent, please help, refused work permit - officer error

[ES2022]

I'm employer and my employee applied for work permit (with lmia) within Canada. Today we received refusal: after considering all the circumstances of your case, your application for a work permit cannot be approved as requested as per section R203 of the immigration and refugee protection regulations. You do not possess a valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada. Your perspective employer is responsible for obtaining this confirmation.
Positive LMIA has been sent, looks like the officer made an error and missed it. they gave him option for status restoration and new application but this is another 6-7 months waiting
employee arrived to Canada as visitor and his status expired, he was on implied status. Can someone advise what would be the best to approach this?

 

[mr.preetsingh]

I'm employer and my employee applied for work permit (with lmia) within Canada. Today we received refusal: after considering all the circumstances of your case, your application for a work permit cannot be approved as requested as per section R203 of the immigration and refugee protection regulations. You do not possess a valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada. Your perspective employer is responsible for obtaining this confirmation.
Positive LMIA has been sent, looks like the officer made an error and missed it. they gave him option for status restoration and new application but this is another 6-7 months waiting
employee arrived to Canada as visitor and his status expired, he was on implied status. Can someone advise what would be the best to approach this?

If you have the LMIA document with you, try submitting a webform with that and explain the case in detail.

 

[Naturgrl]

If your employee is out of status and no longer on implied status, your employee must apply to restore status. Employee cannot apply for a work permit while out of status if a new work permit is required.

If restoration is refused, employee will need to leave Canada.

 

[mr.preetsingh]

If your employee is out of status and no longer on implied status, your employee must apply to restore status. Employee cannot apply for a work permit while out of status if a new work permit is required.

If restoration is refused, employee will need to leave Canada.

This is also important to consider, the employee is out of status. Thank you for answering that.

 

[ES2022]

If your employee is out of status and no longer on implied status, your employee must apply to restore status. Employee cannot apply for a work permit while out of status if a new work permit is required.

If restoration is refused, employee will need to leave Canada.

Does he have to apply again? Is there a way to fix current situation? This is clearly Officer mistake. LMIA was attached and reply says it is missing.

 

[Naturgrl]

Does he have to apply again? Is there a way to fix current situation? This is clearly Officer mistake. LMIA was attached and reply says it is missing.

No but your employee is out of status and no longer eligible for a work permit. Your employee must restore status to receive work permit. If IRCC error then may not have to reapply. But it seems like your employee’s eligibility was not reviewed at all if IRCC stated need for a LMIA. Assume your employee showed employment letters from past jobs and education requirements for the NOC.

 

[ES2022]

This is also important to consider, the employee is out of status. Thank you for answering that.

We received this letter today, wondering how to fix this situation.

 

[ES2022]

No but your employee is out of status and no longer eligible for a work permit. Your employee must restore status to receive work permit. If IRCC error then may not have to reapply. But it seems like your employee’s eligibility was not reviewed at all if IRCC stated need for a LMIA. Assume your employee showed employment letters from past jobs and education requirements for the NOC.

He had consultant hired and LMIA was attached for sure. Signature says only: Officer - looks like this was automatically generated and no one checked documents that were submitted.

 

[Naturgrl]

We received this letter today, wondering how to fix this situation.

Told you above. Your employee can’t get a work permit if out of status. Needs to apply and be approved for restoration. Your employee should have never let it lapse.

At same time, you raise webform that LMIA was included. Who did his work permit application? Are you sure LMIA was included? Wait to see if file will be re-opened and reviewed as don’t believe an eligibility review beyond having the LMIA was conducted.

 

[ES2022]

Told you above. Your employee can’t get a work permit if out of status. Needs to apply and be approved for restoration. Your employee should have never let it lapse.

At same time, you raise webform that LMIA was included. Who did his work permit application? Are you sure LMIA was included? Wait to see if file will be re-opened and reviewed as don’t believe an eligibility review beyond having the LMIA was conducted.

He had immigration consultant hired. All paperwork was in order. Consultant will open web form however at the same time we were told that restoring status and applying again may take 6-7 months. We have been waiting for him 6 months already and I don't want to waste more time. The other option we were given is to fly outside of Canada and return in few days with all documentation and valid LMIA and present it to Officer when entering Canada. Is this a better option? I worry something may go wrong since he received refusal letter

 

[scylla]

He had immigration consultant hired. All paperwork was in order. Consultant will open web form however at the same time we were told that restoring status and applying again may take 6-7 months. We have been waiting for him 6 months already and I don't want to waste more time. The other option we were given is to fly outside of Canada and return in few days with all documentation and valid LMIA and present it to Officer when entering Canada. Is this a better option? I worry something may go wrong since he received refusal letter

Is he from a visa exempt country? If so, this is possible.

 

[ES2022]

Is he from a visa exempt country? If so, this is possible.

Yes, he only needs eTA

 

[scylla]

Yes, he only needs eTA

Then he can try that. That will be fastest.

 

[Sandhu29]

I have got refusal on basis that Job offer is not genuine whereas it has approved by ESDC canada and I have also cross checked it from the department.
please advise what should I do now?

 

[Yetz]

What was the noc code and when did you submit the WP application?