Work permit refused - what went wrong?

[viebs]

I just got my work permit refused and I don't really understand why. This is what the letter says:

"This letter refers to your application for a Work Permit.
Your application as requested is refused.
You are not a person described in Immigration Legislation who can apply for this type of
document from within Canada. An application of this type must be made at a Canadian Visa
office in another country.
After considering all the circumstances of your case, your application for a work permit cannot
be approved as requested without a valid Labour Market Opinion and Confirmation from Human
Resources and Skills Development Canada. Your prospective employer is responsible for
obtaining this confirmation.
We also wish to advise you that your temporary resident status will expire on 18 OCTOBER
2013. You may apply again before the expiry of your temporary resident status if you submit:
 a completed application form;
 applicable fees for the immigration document(s) in the amount of $150.00 payable at a
financial institution in Canada or online at
 All required documents in support of your application."

Here is my case:
I'm 20 years old and from Denmark. I'm on a Working Holiday Visa and have been living and working in Canada for the past 7 months.
I have family in Canada (they live in Ontario, I live in BC). I have a written job offer until May 26 2014.

First of all I don't know how to fix this visa application gone wrong. I read somewhere in the guide that if I'm on a Working Holiday Visa, I don't need the LMO for the application. So why is that now?

Second of all, I guess I'm sending in a new application. I would really want it to be an open work permit so I could go and work anywhere I want. Is this possible? If so, how?

I should probably mention that my Working Holiday Visa is non renewable, so I can't just extend that one.

Please help me, I'm desperate to stay in Canada

 

[scylla]

While you are on a working holiday visa, you can work without an LMO.

However since you applied for a closed work permit, an LMO is mandatory. This is why you were refused.

No - you don't qualify for an open work permit. Don't bother applying.

If you want to stay in Canada and work beyond the expiry date of your working holiday visa, your employer will need to obtain an approved LMO and then you will have to apply for a closed work permit again.

 

[viebs]

Thank you, Scylla.
This LMO thing, can I get that myself or do I have to ask my employer to do it?
Also if I'm not allowed to apply from within Canada (even though I currently live there and have been for 7 months), where am I supposed to apply? I applied online so that doesn't really make sense to me.

 

[Pippin]

Your employer is responsible for obtaining the LMO. He will have to advertise the position and prove to the government that no local, suitable candidate applied before the LMO is issued. You can do a search on forum or google for lots of info on the LMO process. All the best.

 

[scylla]

What Pippin said. You cannot obtain the LMO yourself. This is something your employer must do. More information can be found here:

http://www.cic.gc.ca/english/work/employers/lmo-basics.asp

Once you have an LMO and an approved job offer, rather than applying for a work permit online, you can just go to the nearest US/Canada land border and "flagpole" there to obtain your work permit.

However before you start worrying about the work permit - worry about the LMO. Most employers aren't willing to go through the process - and just because you find one who is, doesn't mean the LMO is going to be approved.

 

[ErickNL]

Look up flagpoling. You'll have to go down to a border station with all your paperwork and get it done there. If all your paperwork is correct it is very easy to do. Now not all points of entry provide immigration services, so make sure you go to the right one:

http://www.cbsa-asfc.gc.ca/contact/listing/indexpages/indextype38-e.html

You'll want to bring all the documents on the checklist IMM5488E with you. They usually don't ask for most of the documents, but it is best to have everything with you. As others have already said the biggest barrier is the LMO. The application takes quite a while and not a lot of employers are willing to go through the process.

 

[mounty]

You can try to convince your employer to do the LMO, but recent trend is that it is harder to get LMO. There are plenty of stories of someone who received LMO in the past are now getting refusal.

You can't renew your Working Holiday as the agreement between Canada and Denmark will only allow one year non-renewable working holiday. You may want to call CIC to confirm this.

Check out canadainternational.gc.ca/denmark-danemark/experience_canada_experience/index.aspx