Valid LMO refused Working Visa for Canada

[Pippin]

I cannot stress the importance of getting GCMS notes for any refusal. Our friend had an LMO for a position he had done for five years overseas, so he was well qualified. He used a Canadian immigration lawyer to finalize the application. It was a strong application complete with all required documents, education, IELTS, property ownership, financial balance, full time ongoing employment, references, travel history, etc. While there had been previous TRV refusals with the usual reason of potential overstay, his situation was significantly changed since then. The WP was refused and the reasons were beyond belief. Made no sense at all. When the GCMS notes arrived it was obvious why the application was refused, but the application that was reviewed did not belong to our friend. For two months now he has been trying get the VO to understand a massive error has occurred, but they don't appear to realize it. Without the GCMS notes you have no way of knowing how to improve your next application.

 

[scorpion_ca]

I cannot stress the importance of getting GCMS notes for any refusal. Our friend had an LMO for a position he had done for five years overseas, so he was well qualified. He used a Canadian immigration lawyer to finalize the application. It was a strong application complete with all required documents, education, IELTS, property ownership, financial balance, full time ongoing employment, references, travel history, etc. While there had been previous TRV refusals with the usual reason of potential overstay, his situation was significantly changed since then. The WP was refused and the reasons were beyond belief. Made no sense at all. When the GCMS notes arrived it was obvious why the application was refused, but the application that was reviewed did not belong to our friend. For two months now he has been trying get the VO to understand a massive error has occurred, but they don't appear to realize it. Without the GCMS notes you have no way of knowing how to improve your next application.

I was wondering did your friend overstay in Canada. If s/he overstayed in Canada, it would be tough to get the visa.

http://www.expats-moving-and-relocation-guide.com/i-was-refused-5-times-for-a-canadian-work-permit.html

 

[Pippin]

Scorpion: No our friend has never overstayed in Canada, or any other country around the world, and has held visas for the US, Australia, Schengen countries, etc. He has a clean PCC and Medicals done. When he applied for visit visas he was between contracts, so technically unemployed, but as he worked internationally, he was only able to make applications when he could send in his passport, therefore not working. No knowledge of what the VO needed to see in the application in those pre-forum days led to reapplication without significant change of ties to home country and the refusals. The recent application was a TWP and he showed ongoing permanent full time skilled employment in his home country, several residential properties, good bank balance and family members. Somehow the VO had a completely different application in front of him and did not confirm the identity accurately. GCMS notes reveal that he was supposed to be unemployed from 2001 to 2010. When the mystery person DID work in 2010 it was at a place he had never heard of and the location of the future Canadian employment was an entirely different city. There were other points, like the VO doubting English proficiency, even though our friend's application included high IELTS results. More than two months trying get satisfactory resolution and STILL no end in sight.
Any other suggestions, insights, or shared experiences appreciated!

 

[SenoritaBella]

Omg... did not realise he is still going through this. I think your friend should consider re-applying(to save time) and include the reason for refusal, along with his GCMS notes and a letter explaining that the application on which the decision was based isn't his. In this scenario, they have no choice but to process the new application and from there he could also request a refund of the fees since it's obviously an error.

Someone must realise it's an error(an embarassment too) but the chances of admitting it are pretty slim.

@OP....the interview is used to get a full picture of an applicant. That's why sometimes, you can have everything on paper but still be rejected.

I cannot stress the importance of getting GCMS notes for any refusal. Our friend had an LMO for a position he had done for five years overseas, so he was well qualified. He used a Canadian immigration lawyer to finalize the application. It was a strong application complete with all required documents, education, IELTS, property ownership, financial balance, full time ongoing employment, references, travel history, etc. While there had been previous TRV refusals with the usual reason of potential overstay, his situation was significantly changed since then. The WP was refused and the reasons were beyond belief. Made no sense at all. When the GCMS notes arrived it was obvious why the application was refused, but the application that was reviewed did not belong to our friend. For two months now he has been trying get the VO to understand a massive error has occurred, but they don't appear to realize it. Without the GCMS notes you have no way of knowing how to improve your next application.

 

[scorpion_ca]

Scorpion: No our friend has never overstayed in Canada, or any other country around the world, and has held visas for the US, Australia, Schengen countries, etc. He has a clean PCC and Medicals done. When he applied for visit visas he was between contracts, so technically unemployed, but as he worked internationally, he was only able to make applications when he could send in his passport, therefore not working. No knowledge of what the VO needed to see in the application in those pre-forum days led to reapplication without significant change of ties to home country and the refusals. The recent application was a TWP and he showed ongoing permanent full time skilled employment in his home country, several residential properties, good bank balance and family members. Somehow the VO had a completely different application in front of him and did not confirm the identity accurately. GCMS notes reveal that he was supposed to be unemployed from 2001 to 2010. When the mystery person DID work in 2010 it was at a place he had never heard of and the location of the future Canadian employment was an entirely different city. There were other points, like the VO doubting English proficiency, even though our friend's application included high IELTS results. More than two months trying get satisfactory resolution and STILL no end in sight.
Any other suggestions, insights, or shared experiences appreciated!

I was wondering what the name of the visa office is.

 

[Pippin]

Omg... did not realise he is still going through this. I think your friend should consider re-applying(to save time) and include the reason for refusal, along with his GCMS notes and a letter explaining that the application on which the decision was based isn't his. In this scenario, they have no choice but to process the new application and from there he could also request a refund of the fees since it's obviously an error.

Someone must realise it's an error(an embarassment too) but the chances of admitting it are pretty slim.

Dear SB: Hi again, yes, STILL unresolved! I agree reapplying MIGHT be the fastest route in some cases, but the moment the VO opens the file and sees the previous GCMS notes they could slap a misrepresentation stamp on the latest application as it would bear no resemblance to the previous work history or any of the other incorrect "facts"! This documentation in GCMS has to be identified and removed. The other problem is that the employer would have to obtain a new LMO before he can reapply. I don't know how many employers would be willing to go through all that AGAIN when you cannot get the VO to admit an error has occurred.
The whole issue is infuriating, time consuming and very expensive! In the past two months, an immigration lawyer sent numerous letters/faxes and the entire application to the VO to prove it isn't the same information. I think the VO refused to look at the "new material". They just looked at the incorrect documents over again and came up with the identical refusal letter - just put a new date on it. Thanks for your support and keep the ideas coming, please.

 

[SenoritaBella]

Fortunately, there is a process to correct information. Below is part of an email I received when I requested GCMS notes.

"You also have the right to request the correction of any errors or omissions you believe to exist in any of the enclosed information which originated with Citizenship and Immigration Canada. Should you wish to make such a request, please complete the enclosed Record Correction Request Form and return it to the office that processed your request, along with documentary evidence supporting the correction. If your request for correction is not accepted for any reason, a notation will be attached to your file regarding the error or omission you believe it contains."

I am assuming the office that processed the request would be the visa office that processed the application, though not 100% sure.

Here's the form: http://www.tbs-sct.gc.ca/tbsf-fsct/350-11.pdf
Instructions: http://www.tbs-sct.gc.ca/tbsf-fsct/350-11-eng.asp

Dear SB: Hi again, yes, STILL unresolved! I agree reapplying MIGHT be the fastest route in some cases, but the moment the VO opens the file and sees the previous GCMS notes they could slap a misrepresentation stamp on the latest application as it would bear no resemblance to the previous work history or any of the other incorrect "facts"! This documentation in GCMS has to be identified and removed. The other problem is that the employer would have to obtain a new LMO before he can reapply. I don't know how many employers would be willing to go through all that AGAIN when you cannot get the VO to admit an error has occurred.
The whole issue is infuriating, time consuming and very expensive! In the past two months, an immigration lawyer sent numerous letters/faxes and the entire application to the VO to prove it isn't the same information. I think the VO refused to look at the "new material". They just looked at the incorrect documents over again and came up with the identical refusal letter - just put a new date on it. Thanks for your support and keep the ideas coming, please.

 

[Pippin]

Scorpion and SenoritaBella a hug and a +1 to you both for your support. I will pass along your suggestions and hope that something works out soon.

 

[Pippin]

Fortunately, there is a process to correct information. Below is part of an email I received when I requested GCMS notes.

"You also have the right to request the correction of any errors or omissions you believe to exist in any of the enclosed information which originated with Citizenship and Immigration Canada. Should you wish to make such a request, please complete the enclosed Record Correction Request Form and return it to the office that processed your request, along with documentary evidence supporting the correction. If your request for correction is not accepted for any reason, a notation will be attached to your file regarding the error or omission you believe it contains."

I am assuming the office that processed the request would be the visa office that processed the application, though not 100% sure.

Here's the form: http://www.tbs-sct.gc.ca/tbsf-fsct/350-11.pdf
Instructions: http://www.tbs-sct.gc.ca/tbsf-fsct/350-11-eng.asp

I am puzzled that these forms refer to Treasury Board. Are you sure they apply to Immigration documents as well? Thanks.

 

[SenoritaBella]

LOL... saw that too. I searched "Record Correction Request Form" in google and that form came up. Plus, there are posts in this forum with members who used it to change errors.
Notice the first line of the form gives you the opportunity to write the name of the agency, which I believe should be "citizenship and immigration Canada" in this case.

I am puzzled that these forms refer to Treasury Board. Are you sure they apply to Immigration documents as well? Thanks.

 

[ragluf]

Fortunately, there is a process to correct information. Below is part of an email I received when I requested GCMS notes.

"You also have the right to request the correction of any errors or omissions you believe to exist in any of the enclosed information which originated with Citizenship and Immigration Canada. Should you wish to make such a request, please complete the enclosed Record Correction Request Form and return it to the office that processed your request, along with documentary evidence supporting the correction. If your request for correction is not accepted for any reason, a notation will be attached to your file regarding the error or omission you believe it contains."

I saw that statement in my GCMS notes but never got the attachment mentioned in that statement.

Nonetheless - +1 for you SenoritaBella - thank you very much for pointing this one out.

 

[Pippin]

I saw that statement in my GCMS notes but never got the attachment mentioned in that statement.

Nonetheless - +1 for you SenoritaBella - thank you very much for pointing this one out.

Well, this is the interesting part...the only information that comes with the GCMS notes, in addition to the Visa Officer's notes, pertains to complaints regarding provision of the notes, not their accuracy.

 

[Pippin]

Fortunately, there is a process to correct information. Below is part of an email I received when I requested GCMS notes.
"You also have the right to request the correction of any errors or omissions you believe to exist in any of the enclosed information which originated with Citizenship and Immigration Canada. Should you wish to make such a request, please complete the enclosed Record Correction Request Form and return it to the office that processed your request, along with documentary evidence supporting the correction. If your request for correction is not accepted for any reason, a notation will be attached to your file regarding the error or omission you believe it contains."
I am assuming the office that processed the request would be the visa office that processed the application, though not 100% sure.
Here's the form: http://www.tbs-sct.gc.ca/tbsf-fsct/350-11.pdf
Instructions: http://www.tbs-sct.gc.ca/tbsf-fsct/350-11-eng.asp

Does anyone know how long it should take to get a response to the CORRECTION REQUEST? Do they correspond with you directly, or just make the notations on GCMS (which you would only come to know if you ordered the notes again?) Is there agreement that you send the form to the outland visa office where the Work Permit was processed and the error originated??

 

[SenoritaBella]

I'm not sure I understand. Your friend should request the notes about his rejected visa application(the same notes which contained information that was not his).

Well, this is the interesting part...the only information that comes with the GCMS notes pertains to complaints regarding privision of the notes, not their accuracy.

 

[SenoritaBella]

Note sure how long it takes but you can find out from the call centre. I imagine the visa office should communicate with you when they are done processing the request. I know that if they don't change the information, they will just add a comment to the original notes.

Does anyone know how long it should take to get a response to this request? Do they correspond with you directly, or just make the notations on GCMS (which you would only come to know if you ordered the notes again?) Is there agreement that you send the form to the outland visa office where the Work Permit was processed and the error originated??