You are applying for notes on your application, not employers so at least you will get some information on what IRCC discovered. The job offer must be genuine and the company must be real. Post your job offer letter and LMIA.
Work Permit Refused - With Positive LMIA
- Thread starter Alex16
- Start date
I am a bit confused here, the link @forevermore76 shared has this below details
"
Factors to consider
As per section R209.11, employers are required to submit their offer of employment directly to Immigration, Refugees and Citizenship Canada (IRCC).
In the system’s “Organization and Entity” screen tab, the sub-type “Regulatory Employer” indicates that the account was created by the employer using the Employer Portal.
The offer of employment must be fully complete in order for the processing officer to determine the genuineness of the offer. If the offer of employment is incomplete or has “See attached” in any field, the officer may not have sufficient information to assess the genuineness of the job offer"
Followed by,
"To determine the genuineness of the offer of employment in all employer-specific work permit applications (new and extensions), 4 factors should be assessed.
The offer of employment submitted directly to IRCC must meet all of the following conditions:
be made by an employer who is “actively engaged” in the business
be consistent with the reasonable employment needs of the employer
have terms the employer is reasonably able to fulfill
be from an employer or their authorized recruiter who has shown past compliance with federal and provincial or territorial laws that regulate employment or recruitment in the province or territory where the foreign national will be working
When an officer does more than a cursory review (that is, more than only reviewing information in the business information section of the Global Case Management System [GCMS] or a quick internet search of the employer), they should indicate in the “Case Notes” the steps they took and the results. This will assist in any inspections and in future work permit processing."
If the officer has concerns regarding the employer or the genuineness of the offer of employment, the officer may request further information directly from the employer as per the contact information supplied in the offer of employment. Subparagraph R200(1)(c)(ii.1) provides officers the authority to request information from employers without having to use the foreign national applicant as a conduit for that request.
The employer’s contact information should be included in the “Offer of employment” form provided by the employer, as per section R209.11. The method of contact (such as email, regular mail or fax) should be determined by individual offices according to their internal procedures.
If the offer of employment is found to be non-genuine under any one of the 4 genuineness factors, the officer is to refuse the work permit, as it does not meet the requirements of section R200.
Note: A procedural fairness letter must be sent to the applicant indicating any extrinsic information used in making a decision on genuineness. Extrinsic information is information that is public ly available or not provided by the employer. The employer or employee must have an opportunity to respond to this information before a finding of non-genuineness is made.
From which I am inferring that along with thr LMIA the employer is supposed to submit to IRCC the offer of employment and this gets reconciled to the applicants work permit?
So get an immigration lawyer to work with you rather than asking questions on a public, volunteer forum. IRCC thinks the LMIA is fake and offer not genuine.
The case notes you will request are for your work permit application. It will give you a good understanding of why the application was refused and how you can address it.
Since your employer has an unnamed LMIA, all they need to do is fill ESDC-EMP5661 to add TFW like yourself and they have a named LMIA from ESDC in 5 to 10 days.
Now assuming your employer did not do this and instead gave you an unnamed LMIA to apply for a WP, they could have made a mistake or did it on purpose because they know the LMIA is no longer valid and you are being scammed.
What province are you in? What's the job? What's the LMIA exemption code? Is the unnamed LMIA valid or does the document look tampered with? How big is your employer? Do they have anything negative on them publicly? Do a Google search. The first thing you need to establish is you are not getting scammed. If everything is legitimate and your employer actually possesses an unnamed LMIA, they can add you and you can reapply. I'm surprised why and how you couldn't address this during PFL window.
