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What now? A sad story.

Hope42010

Star Member
Oct 15, 2009
87
4
Brazil
Hello everyone,

I just want to share my bad experience and obtain counseling for my situation. This is my story.

I have been SK nominated last January after 8 months of submitting my application; the next step is to apply for permanent residency which was done last February along with a solicitation for a TWP, both submitted at the same day and office in Sao Paulo / Brazil.

Along with all documents requested (again as SK program asks us to file the Federal docs too), I also forwarded Police records in both applications from all the countries I have lived, plus letters of recommendation, including a letter from my employer to the consulate explaining that he suffered an accident last year which had incapacitate him partially and permanently for the type of work he does (cabinet maker) and I would became his “right hand”.
Furthermore, he’s situation was so serious that he also offered a job offer (LMOs) for my son too when initially only me was to be hired.

Now my nightmare starts: The application for TWP was DENIED (I use the SK TWP request nomination letter and the LMO). According to the CIC officer the reasons for denying my application were:

1- You are not well established in the country to convince me that you will return upon your contract term end (one year as per the LMO) Ok! IF I was to be well established in this country, would I be applying for permanent residency to another country? Doesn’t the TWP exemption letter from the SK province a real proof of acceptance of my actual condition regardless being well established elsewhere?

2- Second reason: Previous history of illegal employment and residency in USA. Was this not clear and accepted already when I applied for the SK program? As demonstrated, I had my own business paid taxes and left the country with no immigration problems all duly reported since the begin.

3- If CIC sole purpose concerning the PN program is to verify health and criminal history only and the rest is up to the province, considering I have submitted Police records and etc, WHY was my TWP refused? Sadly the only thing I can conceive is: Entrapment to COLLECT FEES as there is no reference regarding to such criteria anywhere, neither will they allow you to appeal of the decision unless off course, YOU PAY FEES AGAIN.

4- The result: Due to my TWP application refusal, counting on me my prosper employer could not fulfill his production schedule losing all the work contracted for the year, also he got mad and shut down his business. Translation, I no longer have a job and he might never hire from overseas ever again.

5- According to the Consulate in Brazil, the average time to process the applications for approved PNPs is 14 TO 16 months! Is this a bad joke? Which employer can or will wait for this long for an employee? Why apply as PNP if you will get stuck just like any other Federal program? It seems that PNP programs are of no use for the applicants in Brazil. Which candidate will spend 3 years waiting for a response to build his life with no guarantee of being accepted?

6- Now what, I paid high fees for both applications (TWP and PR) times 4 (family included) lost the job even before start and I guess along with it, the right to remain a nominee. CIC will not REFUND my fees, not transfer my case to another country (I am moving back to Europe) will probably spend the money Canada requires to come over doing something else, meanwhile an existent paying taxes business went down south, not to mention that I lost a least one year of my life for nothing, same goes for all involved including the SK province which work so hard to process our application. A complete waste of public resources, money and time.

BTW, I could have applied as Federal worker instead, considering I scored over 67 points too.


Very nice! Congrats on a job well done CIC – Sao Paulo/Brazil. You sure know how to help Canada move forward in this economy.

Sorry guys, I’m sick with the situation and just had to let the steam out sharing this story, what is left for me? I truly had high expectations and love towards Canada.

Thank you for reading and please only constructive comments, no spam.


Hope42010 (not anymore)
 

S.K

Hero Member
May 29, 2009
654
37
Job Offer........
Pre-Assessed..
LANDED..........
05-08-2011
1. TWP application's requirements are different from PNP permanent residence application. You need to convince the visa officer that you will return back to your home country after the validity of your Temporary work permit. You also need to convince the Officer that you are well established in the country of origin to issue you a temporary visa. Saskatchewan or any other province don,t have authority to issue TWP Exemption Letters rather they issue LMO Exemption Letter and with this letter you don,t need to get an LMO from Services Canada. So you are not well established in country of origin hence will not come back if your PNP application is refused. These are the CIC's concerns about you.

2. CIC has the mandate and authority to check Health and Security after nomination. Your previous history of illegal employment and residency in USA, which you submitted to Saskatchewan Province were not taken into consideration because they don,t have the mandate to check these things. SINP people only check eligibility criteria and rest is the responsibility of CIC to tolerate or take in to consideration your activities in USA. Hence visa officer's concerns about not returning back to country of origin gets stronger after seeing your travel history. But this travel history will not have any impact on your PR application.

3. If you have applied to SINP Skilled Worker and your job offer is no more valid, then your PR application may also be refused because job offer must be valid until issuance of PR visa. You need to arrange a new job offer to keep active your PR application.
 

chrisemo

Star Member
Mar 29, 2011
97
0
USA
Category........
Visa Office......
Sao Paulo, Brazil
NOC Code......
6242
Job Offer........
Pre-Assessed..
App. Filed.......
03/10/2011
Doc's Request.
21/07/2011
Nomination.....
14/12/2011
IELTS Request
not
This is really sad and makes me worry now.I applied for the SINP and LMO in March, and I am out of status in US. Do you have any idea of what to do to be accept ? I cannot lie at this point, my son is American.
Thanks
 

ae03yy

Hero Member
Oct 6, 2010
781
24
Canada
Category........
Visa Office......
Seattl
Job Offer........
Pre-Assessed..
VISA ISSUED...
Oct 18, 2011
Hi dear,

I am sorry to hear what happened, but at least you have a place to go back to in Europe. My words may not sound nice to your ear but it is the truth. Now, you need to move on and stop feeling negative. Applying and getting through SK doesn't imply you WILL get PR, things happen down the road and before issuing a visa agents must make sure applicants comply to the immig regulation. You might sometimes get visa n fly in but be sent back because the last authority is on border officers.
Wish you the best and believe there's a reason with everything!