Work permit refusal with positive LMIA

[Vinayc]

Hi There,

We just heard the news, my friend had applied for a work permit application with positive LMIA under his name but CIC has refused the application based on the below reason.

• You were not able to demonstrate that you will be able to adequately perform the work you seek.

My friend had two USA visitor visa rejection, 1 Canada visitor visa rejection and now this. The LMIA is still valid until November 2020 under his name, can you advise what we should now? We are heart broken today.

Thank you,

 

[scylla]

Hi There,

We just heard the news, my friend had applied for a work permit application with positive LMIA under his name but CIC has refused the application based on the below reason.

• You were not able to demonstrate that you will be able to adequately perform the work you seek.

My friend had two USA visitor visa rejection, 1 Canada visitor visa rejection and now this. The LMIA is still valid until November 2020 under his name, can you advise what we should now? We are heart broken today.

Thank you,

Not enough information.

What job did your friend apply for? What is your friend's past experience and education in this field?

 

[Vinayc]

Not enough information.

What job did your friend apply for? What is your friend's past experience and education in this field?

Hi There,

He had applied for "Building Maintenance Manager" position. He has a lot of experience at managerial positions, not specific to building maintenance specifically though. He holds a graduate degree in Commerce. We had applied on our own, should we seek professional help?

Thank you,

 

[Islander216]

He needs to undergo some introspection.

I wouldn't worry about the visitor visas, these grant just temporary status to visit and shouldn't have long term consequences on any of his applications. Obviously you'd prefer not to have them on your record but it's not the end of the world.

The work permit rejection requires more information, and he has to be honest with himself about whether he has the required educational and professional background to have an application for the work permit be successful.

I think you always need to apply from a position of strength, and he seems to be missing this with his applications. If you look like a risky proposition, then this is usually the outcome, or at least you've not provided enough evidence to convince an immigration officer of your intentions.

From what you've said, it seems difficult to convince an IO that you can be a building maintenance manager without any specific experience in the field.

You would have to have some technical knowledge about how buildings work and function, and how maintenance is done. It's probably why he got the rejection.

I don't see much chance of him getting a work permit with this LMIA job offer. He's better off applying directly for PR through EE, he should calculate his points.

 

[scylla]

Hi There,

He had applied for "Building Maintenance Manager" position. He has a lot of experience at managerial positions, not specific to building maintenance specifically though. He holds a graduate degree in Commerce. We had applied on our own, should we seek professional help?

Thank you,

You can certainly seek professional help. However it sounds like the main problem is the fact that this job in Canada isn't related to your friend's past work experience and education. It's hard to understand why the employer wants to hire your friend if he has no expertise in this area. I'm not sure that professional help will stop another refusal. Again, the main issue is that the job your friend is applying for a job he isn't qualified for.

 

[Vinayc]

You can certainly seek professional help. However it sounds like the main problem is the fact that this job in Canada isn't related to your friend's past work experience and education. It's hard to understand why the employer wants to hire your friend if he has no expertise in this area. I'm not sure that professional help will stop another refusal. Again, the main issue is that the job your friend is applying for a job he isn't qualified for.

Hi There,

He needs to undergo some introspection.

I wouldn't worry about the visitor visas, these grant just temporary status to visit and shouldn't have long term consequences on any of his applications. Obviously you'd prefer not to have them on your record but it's not the end of the world.

The work permit rejection requires more information, and he has to be honest with himself about whether he has the required educational and professional background to have an application for the work permit be successful.

I think you always need to apply from a position of strength, and he seems to be missing this with his applications. If you look like a risky proposition, then this is usually the outcome, or at least you've not provided enough evidence to convince an immigration officer of your intentions.

From what you've said, it seems difficult to convince an IO that you can be a building maintenance manager without any specific experience in the field.

You would have to have some technical knowledge about how buildings work and function, and how maintenance is done. It's probably why he got the rejection.

I don't see much chance of him getting a work permit with this LMIA job offer. He's better off applying directly for PR through EE, he should calculate his points.

Hi There,

Thank you for your advise. I wish he had an option to apply through the express entry system, his age and ielts scores (only reading) are not helping us improve his CRS score. He did go through a series of interview rounds and got the offer letter as well as LMIA (Employer followed the entire LMIA process and got a positive LMIA under his name) just because he has a very good understanding of the role and the employer also felt that he is a perfect fit for the position. We may not have demonstrated the relevant experience in his application that well I think. I appreciate all the suggestions and help.

 

[Vinayc]

Hi There,

Hi There,

Thank you for your advise. I wish he had an option to apply through the express entry system, his age and ielts scores (only reading) are not helping us improve his CRS score. He did go through a series of interview rounds and got the offer letter as well as LMIA (Employer followed the entire LMIA process and got a positive LMIA under his name) just because he has a very good understanding of the role and the employer also felt that he is a perfect fit for the position. We may not have demonstrated the relevant experience in his application that well I think. I appreciate all the suggestions and help.

Just to add something to this - The original job offer had a joining date of May 2nd and LMIA was valid until end of July, however due to the covid-19 situation, the employer received a new LMIA valid until November and also updated the new job offer with joining date as September 1st. We couldn't update these details because the application was already submitted. Could this have had any negative impact on the application? Feeling very heartbroken, he is my best friend and we've been trying for almost 2 years.

 

[scylla]

Just to add something to this - The original job offer had a joining date of May 2nd and LMIA was valid until end of July, however due to the covid-19 situation, the employer received a new LMIA valid until November and also updated the new job offer with joining date as September 1st. We couldn't update these details because the application was already submitted. Could this have had any negative impact on the application? Feeling very heartbroken, he is my best friend and we've been trying for almost 2 years.

The issue is in the refusal reason. His work experience doesn't match the job he has applied for in Canada. This is the problem.

 

[canuck78]

Does he or you have some sort of personal connection to the employer? Someone who had been a handyman or tradesperson in their home country would be qualified for this job not a commerce degree holder with history in management. This clearly reads as an Immigration deal of some sort.

 

[Malkeet1]

Hi There,

We just heard the news, my friend had applied for a work permit application with positive LMIA under his name but CIC has refused the application based on the below reason.

• You were not able to demonstrate that you will be able to adequately perform the work you seek.

My friend had two USA visitor visa rejection, 1 Canada visitor visa rejection and now this. The LMIA is still valid until November 2020 under his name, can you advise what we should now? We are heart broken today.

Thank you,

Did you describe the job duties and responsibilities in your current employment reference letter ( Experience letter) ??
It should be match with your new employer who offer you for a job in canada.
IELTS Score each module??

 

[Islander216]

If he has zero experience in building maintenance they will not accept his application.

I can have a management degree and experience in the field, doesn't make me qualified to organise and oversee maintenance for a building.

It would be more important for me to have the technical knowledge associated with performing the maintenance activities.