Work Sponsorship for LMIA refused ?!

[stephen92]

Need some advice for my close friend before giving up

My good friend has been offered sponsorship from his boss (Fine Italian restaurant) as a Food service supervisor. He went to a lawyer and started the process paying over $6000 already.

He was refused the 1st time due to a few errors so we reapplied through a new office in Ontario which was supposed to take around 2 months but took 4 months to review his file. The officer complained due to 3 of the 4 ads for his job was expired and the office gave 1 of the reasons as he didn't give sufficient effort to advertise for Canadians/natives/PR and didnt give sufficient effort to train the other current employees for the position. The next reason was due to no market shortage although we sent plenty of evidence showing otherwise from other Canadian/Ontario websites.

He then applied for a visitor visa to extend his stay to figure out what he can do and was refused a basic tourist.
It says the officer considers several factors
1. reasons for original entry and reason for requested extension
2 ties to country of permanent residence including
employment and study commitments
family ties and responsibility
status (citizenship or immigration status)
3 financial means for extended stay and return home
4 travel and identity docs
5 probability to leave at the end of authorized stay
After considering all the circumstancess of your case i am not satisfied you meet the requirments of the act and regulations

What are his options considering his Boss really wants to hire him as he is Italian, Speaks fluently 5 languages, His boss wanted him to run his new business for him ?? Should he see a new Lawyer ? IS he just unlucky ? Does he have options ? Right now his current lawyer has offered to restoration of his status but has said he probably wont get it ?

 

[scylla]

It's hard to fully answer your questions since you haven't told us how long he has been in Canada and how old he is.

However based on the information you've provided - it's not possible for him to obtain an approved work permit without an approved LMIA. So unless his boss can obtain an approved LMIA, he really doesn't have many options.

If he's been refused a visitor extension, I would recommend he leave Canada. I agree that restoration probably won't be approved.

I don't see the point in going to a new lawyer.

Best to return home. If his boss is eventually able to obtain the approved LMIA, he can then apply for a work permit.

 

[stephen92]

It's hard to fully answer your questions since you haven't told us how long he has been in Canada and how old he is.

However based on the information you've provided - it's not possible for him to obtain an approved work permit without an approved LMIA. So unless his boss can obtain an approved LMIA, he really doesn't have many options.

If he's been refused a visitor extension, I would recommend he leave Canada. I agree that restoration probably won't be approved.

I don't see the point in going to a new lawyer.

Best to return home. If his boss is eventually able to obtain the approved LMIA, he can then apply for a work permit.

Sorry i wasnt sure what was needed. he has been here for 3 years originally on a 6 month work visa bacause he is Italian and is 28 (i get 2 years).

Is it strange for a lmia in thet category to be refused even though his boss is more than happy to sponsor, they have advertised exactly as asked ??
The way you say if his boss eventually is able to obtain it ? what would change seeing as this current officer said no, can it depend on the officer ?

 

[canuck_in_uk]

Sorry i wasnt sure what was needed. he has been here for 3 years originally on a 6 month work visa bacause he is Italian and is 28 (i get 2 years).

Is it strange for a lmia in thet category to be refused even though his boss is more than happy to sponsor, they have advertised exactly as asked ??

The way you say if his boss eventually is able to obtain it ? what would change seeing as this current officer said no, can it depend on the officer ?

If he originally only had a 6 month work permit, how has he been here for 3 years?

No, it's not strange that the LMIA was refused. If the ads were out of date, that in and of itself is a reason for refusal. The person reviewing the app was then further dissatisfied by the employers efforts to find a Canadian citizen/PR employee to fill the position.

The employer must address the concerns stated in the refusal if they want any hope of approval when reapplying. If they don't, the app will just be refused again.

 

[Rob_TO]

Is it strange for a lmia in thet category to be refused even though his boss is more than happy to sponsor, they have advertised exactly as asked ??

The whole point of the LMIA process is to ensure there was no Canadian suited for the role, and hiring a foreign worker is the best option. It's not just about the employer wanting to hire him. If the employer didn't make an honest effort to see if there were any suitable Canadians, then most likely this was noticed by CIC and why the LMIA was refused.

Usually LMIAs are very tough to get for general jobs (such as working at a restaurant) because there are most likely many Canadians that would be interested in and can do the same job just as well. LMIAs are more often approved for jobs that have very unique skills or education required.

 

[stephen92]

The whole point of the LMIA process is to ensure there was no Canadian suited for the role, and hiring a foreign worker is the best option. It's not just about the employer wanting to hire him. If the employer didn't make an honest effort to see if there were any suitable Canadians, then most likely this was noticed by CIC and why the LMIA was refused.

Usually LMIAs are very tough to get for general jobs (such as working at a restaurant) because there are most likely many Canadians that would be interested in and can do the same job just as well. LMIAs are more often approved for jobs that have very unique skills or education required.

What had happened was they lost his file resulting in it taking 4 months to access in that time 3 of his 4 ads had expired. So in the process of them messing up his stuff expired which i guess looks bad to the officer who assessed him and he had no idea they themsleves lost it.

If they are not expired this time and he chooses to reapply with these things fixed is there a better chance whould you say ?

Also is it normal for a tourist visa to get refused if hes using it to buy time to successfully re apply ? he has funds to stay long without work

 

[canuck_in_uk]

What had happened was they lost his file resulting in it taking 4 months to access in that time 3 of his 4 ads had expired. So in the process of them messing up his stuff expired which i guess looks bad to the officer who assessed him and he had no idea they themsleves lost it.

If they are not expired this time and he chooses to reapply with these things fixed is there a better chance whould you say ?

Also is it normal for a tourist visa to get refused if hes using it to buy time to successfully re apply ? he has funds to stay long without work

Does he have something official from them admitting they lost his file? 4 months is a normal processing time for an LMIA.

You didn't answer my question regarding his status. If he has been here as a visitor for years, then yes, normal for the app to be refused because he is living in Canada as a visitor.

 

[stephen92]

Does he have something official from them admitting they lost his file? 4 months is a normal processing time for an LMIA.

You didn't answer my question regarding his status. If he has been here as a visitor for years, then yes, normal for the app to be refused because he is living in Canada as a visitor.

I cant remember ill ask him, if he has proof will that make any difference?


Sorry thought i did, yes after his 6 month work visa ended he had enough cash from his dad and his savings so he stayed as a tourist twice while organizing his lmia with work. He didnt work during that time though. Would they assume hes worked and refused it because of that ? will that me reapplying will probably be based on the same thing?

 

[canuck_in_uk]

I cant remember ill ask him, if he has proof will that make any difference?


Sorry thought i did, yes after his 6 month work visa ended he had enough cash from his dad and his savings so he stayed as a tourist twice while organizing his lmia with work. He didnt work during that time though. Would they assume hes worked and refused it because of that ? will that me reapplying will probably be based on the same thing?

No, it won't make a difference. I asked because as I said, 4 months is pretty standard, so I wanted to know why he thought the app had been lost.

They didn't assume he was working. They correctly determined that he has been living here as a visitor for several years; IRCC is lenient with people doing this up to a point and it seems your friend has reached that point; reapplying has little chance of success.

 

[scylla]

At this point the best option would be to leave Canada if he wants to be able to easily return in the future. Once his employer has an approved LMIA, he can apply for a new work permit. But in the meantime, being outside of Canada would be the best option.

 

[Lavi5040]

Need some advice, my employer received email from service Canada officer after interview and additional requirements, to call him to discuss the result of LMIA. What does this mean? Is it approved or refused.
Need urgent help.

 

[scylla]

Need some advice, my employer received email from service Canada officer after interview and additional requirements, to call him to discuss the result of LMIA. What does this mean? Is it approved or refused.
Need urgent help.

Impossible to say.