Work permit

[Ioana Tirgovetu]

I am kind of new to the whole canadian immigration process and, after a failled attempt with a legal represenatative that just wanted my money without actually doing anything, I just found myself with a rejected work permit.

Long story short: the company looking to hire me has a positive named LMIA but my work permit was rejected because "Specifically, I am concerned with the authenticity of the letter of offer and LMIA you have provided with your Work Permit Application" ( quote from IRCC ). Now I am faced with a Voluntary departure form and 30 days to leave Canada. Is there any possibility to avoid this? To be able to extend or restore my status considering all of the above?

 

[scylla]

I am kind of new to the whole canadian immigration process and, after a failled attempt with a legal represenatative that just wanted my money without actually doing anything, I just found myself with a rejected work permit.

Long story short: the company looking to hire me has a positive named LMIA but my work permit was rejected because "Specifically, I am concerned with the authenticity of the letter of offer and LMIA you have provided with your Work Permit Application" ( quote from IRCC ). Now I am faced with a Voluntary departure form and 30 days to leave Canada. Is there any possibility to avoid this? To be able to extend or restore my status considering all of the above?

You need to provide the full text of the email you received. However if you at the point where you have a departure order, you want to leave within the 30 days or it will automatically turn into a deportation order.

 

[Ioana Tirgovetu]

This is the last request I got from IRCC:

 Specifically, I am concerned with the authenticity of the letter of offer and LMIA you have provided with your Work Permit Application. As per LMIA 8955398 and letter of offer the business Mario & Valentino Automotive is said to be located at 3166 Euclid Ave Vancouver, BC V5R 5E6. Upon conducting an open-source search it appears that 3166 Euclid Ave Vancouver, BC V5R 5E6 is a residential house as such there it does not appear to be equipped for an Automotive Repair Shop. You have also stated that 3166 Euclid Ave is both your residential and address of employment. An open search has notyielded any information on the business. For example, telephone, website, email etc.
 As per my concerns noted above I have serious concerns that the business Mario & Valentino Automotive European Solutions was incorporated to provide a non-genuine LMIA in order to gain Temporary Resident status.
 It is noted that you have been without valid status in Canada since 2022/09/15. Please provide a detailed explanation on what you have been doing for the past 13 months.

And this is the reply I provided, along with legal proof of everything:

As for the requirements you have asked for, please find the following evidence and explanation ( in the same order as the letter I have received ).

1.Mario&Valentitno Automotive main activity at the time of the quoted LMIA was mobile mechanic. The business covers the area of Greater Vancouver and the legal headquarters address is 3166 Euclid Ave, Vancouver ( as per the incorporation documents ). Mario&Valentino also operates in the car sharing industry ( more specifically Turo platform ) and requires vehicle basic maintenance for a considerable number of vehicles.

As required in the last letter from IRCC, I have specified that my new address is 8231 Leslie Road, Richmond. I have attached a letter to the IRCC account on the date of April 30th 2023 with this exact information. Please also find the attached temporary driver license that has the address stated on it ( I am not able to get the regular one without a valid work permit )

2.Please keep in mind that Mario&Valentino was incorporated in January 2021, not at the time of the quoted LMIA ( LMIA was approved in january 2023 )
For additional information: as the mechanical and car sharing business has been booming ( which also implies the need of a new mechanic ), Mario&Valentino has acquired a mechanical business license in the city of North Vancouver, at 234 Esplanade North Vancouver , V7L1A3. The business license number is BUS-34910 ( a copy of the business license will be attached to this email ). Mario&Valentino has also acquired the previous business that has been located at the previously stated address and you can find it online under North Shore Auto Repair as follows:

• Google north shore auto repair link North Shore Auto Repair - North Vancouver
• Email address northshoreautorepair1@gmail.com
• Phone number 236-818-8839

3. I must admit that the last 13 months were not the best ones for me, as I was not able to work. I do have properties in Romania ( country of birth ) that are currently rented out and that provide some financial support. Also my parents have a Canadian permanent residency and they were able to support and help with all the basic needs and expenses. It is definitely not the best situation for an adult of my age, I am aware of that, but my hope is that it is just temporary and that I will be able to get on my feet soon.

 

[scylla]

This is the last request I got from IRCC:

 Specifically, I am concerned with the authenticity of the letter of offer and LMIA you have provided with your Work Permit Application. As per LMIA 8955398 and letter of offer the business Mario & Valentino Automotive is said to be located at 3166 Euclid Ave Vancouver, BC V5R 5E6. Upon conducting an open-source search it appears that 3166 Euclid Ave Vancouver, BC V5R 5E6 is a residential house as such there it does not appear to be equipped for an Automotive Repair Shop. You have also stated that 3166 Euclid Ave is both your residential and address of employment. An open search has notyielded any information on the business. For example, telephone, website, email etc.
 As per my concerns noted above I have serious concerns that the business Mario & Valentino Automotive European Solutions was incorporated to provide a non-genuine LMIA in order to gain Temporary Resident status.
 It is noted that you have been without valid status in Canada since 2022/09/15. Please provide a detailed explanation on what you have been doing for the past 13 months.

And this is the reply I provided, along with legal proof of everything:

As for the requirements you have asked for, please find the following evidence and explanation ( in the same order as the letter I have received ).

1.Mario&Valentitno Automotive main activity at the time of the quoted LMIA was mobile mechanic. The business covers the area of Greater Vancouver and the legal headquarters address is 3166 Euclid Ave, Vancouver ( as per the incorporation documents ). Mario&Valentino also operates in the car sharing industry ( more specifically Turo platform ) and requires vehicle basic maintenance for a considerable number of vehicles.

As required in the last letter from IRCC, I have specified that my new address is 8231 Leslie Road, Richmond. I have attached a letter to the IRCC account on the date of April 30th 2023 with this exact information. Please also find the attached temporary driver license that has the address stated on it ( I am not able to get the regular one without a valid work permit )

2.Please keep in mind that Mario&Valentino was incorporated in January 2021, not at the time of the quoted LMIA ( LMIA was approved in january 2023 )
For additional information: as the mechanical and car sharing business has been booming ( which also implies the need of a new mechanic ), Mario&Valentino has acquired a mechanical business license in the city of North Vancouver, at 234 Esplanade North Vancouver , V7L1A3. The business license number is BUS-34910 ( a copy of the business license will be attached to this email ). Mario&Valentino has also acquired the previous business that has been located at the previously stated address and you can find it online under North Shore Auto Repair as follows:

• Google north shore auto repair link North Shore Auto Repair - North Vancouver
• Email address northshoreautorepair1@gmail.com
• Phone number 236-818-8839

3. I must admit that the last 13 months were not the best ones for me, as I was not able to work. I do have properties in Romania ( country of birth ) that are currently rented out and that provide some financial support. Also my parents have a Canadian permanent residency and they were able to support and help with all the basic needs and expenses. It is definitely not the best situation for an adult of my age, I am aware of that, but my hope is that it is just temporary and that I will be able to get on my feet soon.

You need to leave Canada. You've been out of status for far too long to be able to restore your status from within Canada. There's no other option. Make sure you leave within the 30 days. Even if IRCC had thought the job offer was valid, you would still have been refused and ordered to leave.

 

[Ioana Tirgovetu]

I know I need to leave Canada, and I do plan to do that in time, as I don't want to be deported. Would I be able to re-enter with ETA, as I do have a valid ETA for another 5 years?

 

[Ioana Tirgovetu]

My parents, that are Canadian PR, will need my help so I am just trying to find a solution to stay inside Canada in order to take care of everything.

 

[scylla]

I know I need to leave Canada, and I do plan to do that in time, as I don't want to be deported. Would I be able to re-enter with ETA, as I do have a valid ETA for another 5 years?

You've been out of status in Canada for over a year. So you will want to remain outside of Canada for a while before attempting to visit again. Otherwise expect problems. I would recommend a minimum of eight months outside of Canada before you attempt to return but longer would be better. Make sure you also develop ties to your home county while there, a good example would be full time employment. When you return as a visitor again, make sure you have a return ticket and keep your trip a reasonable length such as a couple of weeks. Note that it's also quite possible your current ETA is going to be cancelled due to the long overstay.

 

[scylla]

My parents, that are Canadian PR, will need my help so I am just trying to find a solution to stay inside Canada in order to take care of everything.

If you want to try to remain in Canada then you need to hire an immigration lawyer at this point.

 

[Ioana Tirgovetu]

Also is there a way ( or any valid reason ) I could appeal the work permit rejection?

 

[scylla]

Also is there a way ( or any valid reason ) I could appeal the work permit rejection?

No. You have been out of status for 13 months. You don't qualify for a work permit. There was never any chance the work permit application was going to be approved. It was a pointless application and a waste of money.

 

[Ioana Tirgovetu]

I did not apply by myself, I did have a Regulated Canadian Immigration Consultant (RCIC) that did the whole application and guaranteed that I am ok to continue staying in Canada while my application is being processed, as I will be maintaining my status. I trusted that, provided everything that she asked and paid all the fees. So I must assume this was a sort of a scam?

 

[scylla]

I did not apply by myself, I did have a Regulated Canadian Immigration Consultant (RCIC) that did the whole application and guaranteed that I am ok to continue staying in Canada while my application is being processed, as I will be maintaining my status. I trusted that, provided everything that she asked and paid all the fees. So I must assume this was a sort of a scam?

I can't answer that question.

Ultimately IRCC holds you individually responsible for understanding Canada's immigration rules and maintaining your status. This is true regardless of whether you use a consultant or do things yourself. You are the one held responsible for adhering to Canada's immigration rules and laws.

I don't know when the work permit application was submitted. However if it was submitted after you fell out of status, there was never any chance it was going to be approved.

Your window for restoring your status was 90 days after you fell out of status in 2022. You are way way past that.

 

[Ioana Tirgovetu]

The online application for the work permit restoration was submitted on December 12, so it was still on time for the 90 days.

 

[scylla]

The online application for the work permit restoration was submitted on December 12, so it was still on time for the 90 days.

It's honestly hard to comment on a case with this level of complexity without knowing the full picture, for example exactly what was submitted and when and additional details such as your previous status in Canada up to Sept 2022.

If restoration was in fact correctly submitted, this still did not give you implied or maintained status in Canada. You have still been out of status since 2022. Simply submitting a restoration application does not fix your status. It is accurate regardless of the details that you have been in Canada without status for 13 months. You would only have had implied status if the work permit application was submitted before your previous permit expired.

Ultimately you are facing a departure order that is going to turn into a deportation order. You need a lawyer.

 

[Ioana Tirgovetu]

An "application to change conditions, extend my stay or remain in Canada as a worker" was submitted on december 12 2022. My previous status in Canada was temporary worker ( valid work permit ).

Do you recommend or know a good lawyer in Vancouver area? Or anywhere at this point?