Work permit refused

[bunzz]

Thank you to anyone taking the time to read this an reply. I really appreciate it.

I am writing this post on behalf of my boyfriend. He originally came to Canada as a farm worker. However, while here he was offered a job opportunity as a skilled worker by a company. They agreed to sponsor him and they obtained and LMIA. He was trying to apply for a work permit from here, during which time he overstayed his original work visa. The Canadian government was aware that he was still here, and was applying for a new work permit. He applied several times, at which point he was told that he needed to return to Jamaica and submit the paper work there. He did this, and it was refused on the basis that he had not satisfied the immigration officer that he would leave the country after his visa had run out. This was likely due to his overstay previously.

I have two questions:

1) What should our next steps be? We are reapplying, but what can we do prove that he will return after the time is up? What can we do to improve our chances?

2) How likely is it that the visa will be granted?

 

[scylla]

I agree the overstay is what most likely caused the refusal. I would wait 6-8 months before reapplying so that he can develop stronger ties to his home country. If you reapply now, I think it will end in another refusal.

Good luck.

 

[bunzz]

I agree the overstay is what most likely caused the refusal. I would wait 6-8 months before reapplying so that he can develop stronger ties to his home country. If you reapply now, I think it will end in another refusal.

Good luck.

Thank you for your reply, however, he has lived there his entire life. 29 years, I doubt that he can develop ties stronger then they already are. When applying the first time we did not include any proof of strong ties to his home country, which I also believe contributed to the refusal.

 

[scylla]

Thank you for your reply, however, he has lived there his entire life. 29 years, I doubt that he can develop ties stronger then they already are. When applying the first time we did not include any proof of strong ties to his home country, which I also believe contributed to the refusal.

He can absolutely develop stronger ties to his home country - one way would be to remaining there for a number of months before reapplying for another stay in Canada. Another way would be to include evidence of ties such as property ownership, employment, etc. Being in Canada and then overstaying has reduced his ties to his home country and most likely indicates to CIC he has plans on remaining in Canada long term.