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Work Permit Refused - With Positive LMIA

Alex16

Member
May 25, 2024
12
0
Today my work permit application has been refused with the below details

  • You did not provide a valid Labour Market Impact Assessment (LMIA) from the Department of Employment and Social Development Canada (ESDC).
  • The foreign worker was not specifically named in the LMIA at time of application submission.
Earlier I received procedural fairness letter requesting for the authenticity/genuineness of the LMIA document for which the I got an explanation letter from my Canadian employer substantiating the procured LMIA with positive response.
However even after than the Visa Office refused my application stating it is invalid. I don't know how they claim it has invalid
Anyone faced similar situations?
How can I reapply again?
 

forevermore76

Hero Member
May 19, 2024
606
179
Today my work permit application has been refused with the below details

  • You did not provide a valid Labour Market Impact Assessment (LMIA) from the Department of Employment and Social Development Canada (ESDC).
  • The foreign worker was not specifically named in the LMIA at time of application submission.
Earlier I received procedural fairness letter requesting for the authenticity/genuineness of the LMIA document for which the I got an explanation letter from my Canadian employer substantiating the procured LMIA with positive response.
However even after than the Visa Office refused my application stating it is invalid. I don't know how they claim it has invalid
Anyone faced similar situations?
How can I reapply again?
What's the name of the company? See if it's in this list.
https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/employers-non-compliant.html
 

Alex16

Member
May 25, 2024
12
0
It is a valid company and I have cross checked in the non complaint employers list and it doesn't exists
 

Alex16

Member
May 25, 2024
12
0
Out of the listed grounds of denial, even if I request my employer to add my name to the LMIA document and resubmit again with the updated LMIA. What are the chances that IRCC can refuse my application again stating that the LMIA is invalid?
Please help me as I am unsure as to why and how IRCC decided that the LMIA is invalid
 

Alex16

Member
May 25, 2024
12
0
Does this mean my employer has to submit to IRCC the offer of employment in addition to obtaining positive LMIA which the applicant (myself) shall be using to submit for closed work permit?
And in the employers IRCC login they will have case notes associated to the LMIA details logged by the Visa Officer?
I ain't sure if my employer did this step, as they shared with me only the positive LMIA along with offer of employment that I submitted to IRCC on my work permit application.
Is this some kind of backend reconciliation process that the Visa Officer do to ensure the correctness?
In that case how would one know while submitting for the work permit there are these necessary applications that should be performed by the employer ? As in the LMIA document it states

"
Employers must provide copies of this LMIA Letter and the annexed Employment Details page to the foreign
national(s) in order for them to apply for a work permit or permanent residency.
"
 

Naturgrl

VIP Member
Apr 5, 2020
44,819
9,469
If you got a PFL for a possible fake LMIA then did you not respond with an updated LMIA. Are you sure you are not banned for 5 years? Just because the company is on the list doesn’t mean the LMIA is real. IRCC knows if is or not. LMIA must be in your name.

Can you post the LMIA and job letter?
 

Alex16

Member
May 25, 2024
12
0
Yes I got a Correspondence letter clearly stating the refusal grounds and not banning for misrepresentation.
And the LMIA has Annexure A - defining the employment details and Annexure B - has details stating below

FOREIGN WORKER NAMES
Important
Do not forward this annex to the foreign worker(s). This document is intended for the employer’s records only
and is not required for the purpose of applying for a work permit or a permanent resident status. The foreign
worker only requires the LMIA confirmation letter and Annex A identifying the LMIA Number
 

Naturgrl

VIP Member
Apr 5, 2020
44,819
9,469
Yes I got a Correspondence letter clearly stating the refusal grounds and not banning for misrepresentation.
And the LMIA has Annexure A - defining the employment details and Annexure B - has details stating below

FOREIGN WORKER NAMES
Important
Do not forward this annex to the foreign worker(s). This document is intended for the employer’s records only
and is not required for the purpose of applying for a work permit or a permanent resident status. The foreign
worker only requires the LMIA confirmation letter and Annex A identifying the LMIA Number
You said you got PFL. What is a correspondence letter? Can you post the LMIA and job offer?
 

Alex16

Member
May 25, 2024
12
0
A month back I got PFL requesting for the explanation on the correctness of LMIA, for which I received an explanation letter from the Canadaian employer stating that it is genuine and has been obtained following the necessary procedures.
Along with this explanation letter I had submitted the complete LMIA document with positive response that my employer had obtained from the ESDC.

And now I received a Correspondence letter stating the refusal of my application on the grounds on invalid LMIA and name not found in LMIA (as I had mentioned in the earlier replies)
 

Alex16

Member
May 25, 2024
12
0
Now as mentioned in the correspondence letter (as the grounds of refusal)

  • You did not provide a valid Labour Market Impact Assessment (LMIA) from the Department of Employment and Social Development Canada (ESDC).
  • The foreign worker was not specifically named in the LMIA at time of application submission.
Even if I get my name updated in the current LMIA document.
Will it concur with the first point above that if only by adding the applicant's name in the already procured LMIA document would make the current LMIA a valid one?
Or do we need a new one all together with the applicant's name on it?
 

Naturgrl

VIP Member
Apr 5, 2020
44,819
9,469
Now as mentioned in the correspondence letter (as the grounds of refusal)

  • You did not provide a valid Labour Market Impact Assessment (LMIA) from the Department of Employment and Social Development Canada (ESDC).
  • The foreign worker was not specifically named in the LMIA at time of application submission.
Even if I get my name updated in the current LMIA document.
Will it concur with the first point above that if only by adding the applicant's name in the already procured LMIA document would make the current LMIA a valid one?
Or do we need a new one all together with the applicant's name on it?
Get a new one with your name on it.