Visitor Record Refused While Waiting for LMIA

[TinkerBell10]

Would also add that someone isn’t entitles to remain in Canada while it is determined whether they will get a WP. For example do you have enough savings to support yourself while you wait to see if you get approved for a WP? This process will take months so there are considerations when it come to approval. Was there a reason given for denial?

Do I need to get an ATIP for clarification? I am not sure $50k for 5 people is enough or not.

 

[Mourd]

RCIC is the college of immigration consultants, and they license people. RCIC is not your consultant. So you have hired a licensed immigration consultant. I honestly don’t think your consultant knows how to handle LMIAs. Attached is the IRCC link on how to apply for a LMIA. As you will read, it says fill out the forms and pay the fees. If you don’t pay the fees, there is no interview. Not sure why your consultant cannot file a LMIA.

https://www.canada.ca/en/employment-social-development/services/foreign-workers/permanent/apply.html#h2.2

Hello Sir, I am same situation, still need to apply for visitor record do I need to attached Job offer and LMIA application number ? Thanks.

 

[Mourd]

I agree that an interview is part of the LMIA process. The issue is that OP says that fees have yet to even be paid. If you see the link employer submits forms and pays the fee. There really cannot be an interview with EDSC until the employer pays the application fee. EDSC is not going to interview without paid fees.

Hello Sir, I am same situation, still need to apply for visitor record do I need to attached Job offer and LMIA application number ?

 

[Mourd]

Hello everyone,

I am so deeply upset and I need your valuable experiences and advices.

My work permit expired on Feb 09,2023 and I applied for visitor record while waiting for my LMIA submission. Because this is a first time my employer (not the previous one) apply for a LMIA, she had to reset password for any related accounts she had . It took so much time that's why I need to apply for a visitor record before the expiration. LMIA application submitted on March 29,2023.

Since March 29 till now, I do not get any update about LMIA application. The employer is still waiting for an interview as well as paying fee.

May 29,2023, I got a refusal letter of visitor record with the same format refusal. It means that I am now out-of-status in Canada.

I have some queries:

1) LMIA application was done by a RCIC and he said that my employer must be interviewed then she will follow the link an officer sent to pay fee. Is it a right way when applying for a LMIA? Because I need a LMIA receipt/number or any documents to prove that I apply for a visitor record because I am waiting for work permit. The RCIC cannot provide anything to me.
2) Because of refusal, can I apply again? Do I still have 90 days for restoration of my visitor record?

I am so confused and I need your helps. Thank you so much for your time

Dear,

I have the same case almost, just question, in the visitor record submission did you provide LMIA details and job offer as attachment or you just requested extension for your stay ?
what you give a reason for extension..

appreciate your help.

 

[timhortonsspender]

Hello everyone,

I am so deeply upset and I need your valuable experiences and advices.

My work permit expired on Feb 09,2023 and I applied for visitor record while waiting for my LMIA submission. Because this is a first time my employer (not the previous one) apply for a LMIA, she had to reset password for any related accounts she had . It took so much time that's why I need to apply for a visitor record before the expiration. LMIA application submitted on March 29,2023.

Since March 29 till now, I do not get any update about LMIA application. The employer is still waiting for an interview as well as paying fee.

May 29,2023, I got a refusal letter of visitor record with the same format refusal. It means that I am now out-of-status in Canada.

I have some queries:

1) LMIA application was done by a RCIC and he said that my employer must be interviewed then she will follow the link an officer sent to pay fee. Is it a right way when applying for a LMIA? Because I need a LMIA receipt/number or any documents to prove that I apply for a visitor record because I am waiting for work permit. The RCIC cannot provide anything to me.
2) Because of refusal, can I apply again? Do I still have 90 days for restoration of my visitor record?

I am so confused and I need your helps. Thank you so much for your time

Why did they reject your VR ? They usually don't. Are you restoring to visitor again OR to LMIA backed WP? Can you please share the timeline of your VR application ?

 

[TinkerBell10]

Dear,

I have the same case almost, just question, in the visitor record submission did you provide LMIA details and job offer as attachment or you just requested extension for your stay ?
what you give a reason for extension..

appreciate your help.

Hi,

I authorized a licensed agent to submit on my behalf and I don’t know what they explained

 

[TinkerBell10]

Why did they reject your VR ? They usually don't. Are you restoring to visitor again OR to LMIA backed WP? Can you please share the timeline of your VR application ?

Hi,
I authorized a licensed agent to submit on my behalf and I don’t know what they explained.
Applying for VR before my wp expired and got refusal on May 19,2023 (nearly 4 months). After getting VR refusal, I was advised that I still have 90 days to restore status. On Jun 21 I got LMIA approval and applied for restore wp. I am now so worry. Is it the right way to go ahead?

 

[Mourd]

Hi,
I authorized a licensed agent to submit on my behalf and I don’t know what they explained.
Applying for VR before my wp expired and got refusal on May 19,2023 (nearly 4 months). After getting VR refusal, I was advised that I still have 90 days to restore status. On Jun 21 I got LMIA approval and applied for restore wp. I am now so worry. Is it the right way to go ahead?

i believe your now on the right track.. just wait, process will take few month but u shouldn’t work until, approval comes.nhow long LMIA took to get the approval ?

 

[TinkerBell10]

i believe your now on the right track.. just wait, process will take few month but u shouldn’t work until, approval comes.nhow long LMIA took to get the approval ?

It took 85 days for approval. I am praying for the good result

 

[Mourd]

It took 85 days for approval. I am praying for the good result

Hopefully you will get positive response soon ..

wow 85 days very long .. You said before u have an issue that payment delay for the LMIA , what was the issue ? How this sorted ?

 

[TinkerBell10]

i believe your now on the right track.. just wait, process will take few month but u shouldn’t work until, approval comes.nhow long LMIA took to get the approval ?

I got refusal of VR then I asked my agent to contact Service Canada for more information. He called SC and they said there was no application regarding to my case‍‍, their supervisor would investigate this issue. I pushed my agent to follow up and I finally got LMIA receipt after a week later. At that time, we were documenting for wp application with LMIA receipt (we will submit LMIA approval letter later) in order to minor timing. Luckily, on the day we were ready to submit wp, LMIA approved without interviewing the employer

 

[Mourd]

I got refusal of VR then I asked my agent to contact Service Canada for more information. He called SC and they said there was no application regarding to my case‍‍, their supervisor would investigate this issue. I pushed my agent to follow up and I finally got LMIA receipt after a week later. At that time, we were documenting for wp application with LMIA receipt (we will submit LMIA approval letter later) in order to minor timing. Luckily, on the day we were ready to submit wp, LMIA approved without interviewing the employer

my case almost same, my status expired and applied for VR in June, my LMIA submitted on May 12 and until now no news. Checking with my lawyer he says still on system shows in quei for assessment and process didn’, moreover he is saying promising time mention in EDSC website count from date of processing not date of submission .. I think he is playing with me. is it ?

I dont know what to do, i am afraid I got refusal for VR before the LMIA approval comes.
Any suggestions based on your experience now ?

 

[TinkerBell10]

my case almost same, my status expired and applied for VR in June, my LMIA submitted on May 12 and until now no news. Checking with my lawyer he says still on system shows in quei for assessment and process didn’, moreover he is saying promising time mention in EDSC website count from date of processing not date of submission .. I think he is playing with me. is it ?

I dont know what to do, i am afraid I got refusal for VR before the LMIA approval comes.
Any suggestions based on your experience now ?

This is my story: the 1st licensed agent applied for VR before my wp expired and he said that I had to to wait for result of VR, I could not apply for a wp although LMIA letter approved. When my VR refused he said I still had 90 days to restore but I am out of status at the time my VR refused. I felt that he don't have much experience to deal with difficult cases so I found the 2nd licensed agent who has many experience with complicated cases. He said I could apply for wp before my wp expired with explanation letter and then we would submit a LMIA letter approval later. It's much better than applying for a VR
Yes, your case is almost the same. I think you should discuss with your lawyer again about applying for the work permit with LMIA receipt first in order to prevent out of status (if the VR refused). I am not sure at this step.

About processing time of LMIA, you can check at: https://www.canada.ca/en/employment-social-development/services/foreign-workers/labour-market-impact-assessment-processing-times.html

It says that "from when it is received by Service Canada to when the decision letter is sent to you"

You can push your lawyer, ask them to call Service Canada weekly to check the status.

Hope it helpful.

 

[timhortonsspender]

my case almost same, my status expired and applied for VR in June, my LMIA submitted on May 12 and until now no news. Checking with my lawyer he says still on system shows in quei for assessment and process didn’, moreover he is saying promising time mention in EDSC website count from date of processing not date of submission .. I think he is playing with me. is it ?

I dont know what to do, i am afraid I got refusal for VR before the LMIA approval comes.
Any suggestions based on your experience now ?

Applied for VR in March on paper. Still no news. I think you should be ok.

 

[canuck78]

Hi,
I authorized a licensed agent to submit on my behalf and I don’t know what they explained.
Applying for VR before my wp expired and got refusal on May 19,2023 (nearly 4 months). After getting VR refusal, I was advised that I still have 90 days to restore status. On Jun 21 I got LMIA approval and applied for restore wp. I am now so worry. Is it the right way to go ahead?

You have 90 days from the day you lost your status in Canada to restore your status.