Work permit rejected after positive Lmia

[Gips42]

Hi,

I really hope someone could help me. My sister work permit is rejected.She has positive Lmia, 6 ielts score, is single and age 30.
My parents have moved here too on PR. I can’t really leave her alone back home. Her education is grade 12 so she doesn’t have enough points. It took long to get positive Lmia because of Covid. She got one extension for visitor visa. During second time the immigration agent submitted her file online for work permit with the Lmia application number.
The reasons in the letter states as follows:


[X] Persons wishing to obtain or extend a work permit in Canada must satisfy an Officer that they:
• have complied with all conditions imposed on their entry;
• will leave Canada by the end of the period authorized for their stay;
• are not in a category of persons inadmissible to Canada under the Immigration and
Refugee Protection Act; and
• are able to perform the duties and otherwise meet the requirements of the job.
Based on careful review of the information and documentation supporting your application, I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations.

Her stay has expired as of August 8 but she has 90 days to apply for restoration. Please please someone guide me what to do. Immigration agents are too too expensive.

Thanks

 

[Naturgrl]

Hi,

I really hope someone could help me. My sister work permit is rejected.She has positive Lmia, 6 ielts score, is single and age 30.
My parents have moved here too on PR. I can’t really leave her alone back home. Her education is grade 12 so she doesn’t have enough points. It took long to get positive Lmia because of Covid. She got one extension for visitor visa. During second time the immigration agent submitted her file online for work permit with the Lmia application number.
The reasons in the letter states as follows:


[X] Persons wishing to obtain or extend a work permit in Canada must satisfy an Officer that they:
• have complied with all conditions imposed on their entry;
• will leave Canada by the end of the period authorized for their stay;
• are not in a category of persons inadmissible to Canada under the Immigration and
Refugee Protection Act; and
• are able to perform the duties and otherwise meet the requirements of the job.
Based on careful review of the information and documentation supporting your application, I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations.

Her stay has expired as of August 8 but she has 90 days to apply for restoration. Please please someone guide me what to do. Immigration agents are too too expensive.

Thanks

What is the NOC? Did she provide proof that she has job experience/employment letter to prove she could do the job.

 

[Gips42]

What is the NOC? Did she provide proof that she has job experience/employment letter to prove she could do the job.

Yes she did provide letter from employer with relevant experience and payslips .

 

[Naturgrl]

Yes she did provide letter from employer with relevant experience and payslips .

What is the NOC? So she is working in the NOC in her home country now?

 

[Gips42]

I don’t know the NOC. She is still here. We got refusal letter yesterday. We were planning to apply for restoration.

 

[Naturgrl]

I don’t know the NOC. She is still here. We got refusal letter yesterday. We were planning to apply for restoration.

How can you not know the NOC if you have a positive LMIA? What is the job?

 

[Gips42]

It’s a Food supervisor at Mucho Buritto. She had similar experience back home.

 

[Naturgrl]

It’s a Food supervisor at Mucho Buritto. She had similar experience back home.

Is this her NOC? If so she doesn’t meet the requirements with Grade 12.

https://www23.statcan.gc.ca/imdb/p3...11&CVD=122376&Function=getVD&MLV=4&TVD=122372

 

[Naturgrl]

Or 6311 but she is in a restaurant. Also requires college.

https://www23.statcan.gc.ca/imdb/p3...&CVD=122376&CPV=6311&CST=01012011&MLV=4&CLV=4

 

[foodie69]

It’s a Food supervisor at Mucho Buritto. She had similar experience back home.

Mucho Buritto and they could not find a Canadian or PR doing this job? Sounds fishy...

 

[scylla]

Hi,

I really hope someone could help me. My sister work permit is rejected.She has positive Lmia, 6 ielts score, is single and age 30.
My parents have moved here too on PR. I can’t really leave her alone back home. Her education is grade 12 so she doesn’t have enough points. It took long to get positive Lmia because of Covid. She got one extension for visitor visa. During second time the immigration agent submitted her file online for work permit with the Lmia application number.
The reasons in the letter states as follows:


[X] Persons wishing to obtain or extend a work permit in Canada must satisfy an Officer that they:
• have complied with all conditions imposed on their entry;
• will leave Canada by the end of the period authorized for their stay;
• are not in a category of persons inadmissible to Canada under the Immigration and
Refugee Protection Act; and
• are able to perform the duties and otherwise meet the requirements of the job.
Based on careful review of the information and documentation supporting your application, I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations.

Her stay has expired as of August 8 but she has 90 days to apply for restoration. Please please someone guide me what to do. Immigration agents are too too expensive.

Thanks

You need to start by applying to restore her status to visitor and see if that is approved. She cannot apply for the work permit again while out of status in Canada.

If restoration is refused, she will need to leave Canada.

If restoration is approved, you can then consider if you submit another work permit application. In my opinion it will be difficult to get approval due to her lack of ties to her home country, her strong ties to Canada, her lack of education and how long she has been in Canada as a visitor. If she wants a chance of getting a work permit approved, it would be better to return to her home country and then live there for a number of months before trying to apply again.

Anyway, first step is to try to restore her status to visitor and hope that is approved. Good luck.

 

[canuck78]

With your parents living in Canada and her extended visit it is pretty clear that her goal is not to be a genuine worker but to remain with her family. An LMIA doesn’t guarantee a WP will be approved. You are essentially trying to sponsor her as a sibling or include her in your parent’s immigration which isn’t possible. What was your plan B if her WP was denied. If she is truly unable to return on her own do you have family in your home country? Having overstayed her visitor status also doesn’t look good for future applications as she has both declared her desire to move to Canada and has also not respected the immigration rules. Agree that you need to apply for restoration and then attempt to get a visitor extension but chances of approval are not great. You should have a plan B when waiting. Attending school in her home country to increase her education level would be a good idea. She also needs to work on her language scores. Your parents only have to spend 2 out of 5 years in Canada so could return to their home country with her at least for a temporary period.