WORK VISA APPLICATION DENIED

[driftqueen]

My boyfriend was hired as head chef in alberta last year thru a consultancy agency in canada. The head of the agency happens to be a filipina who has the heart to really help her kababayans to work there. In my bf's hope to find a job opportunity for me he convinced his HR manager to hire me as kitchen staff. A brief background of myself: my only job since finishing college was a territory manager for a pharmaceutical company. Now my LMO was for KITCHEN STAFF which requires NO FORMAL EDUCATION (im guessing for the skills needed for the job). So i submitted my application last April, recieved my letter for medical exam from the embassy on May and just today recieved the saddest news ever that my application had been refused. The reason? "YOU HAVE NOT SATISFIED ME THAT YOU WOULD LEAVE CANADA BY THE END OF THE PERIOD AUTHORIZED FOR YOUR STAY. YOU HAVE LIMITED EMPLOYMENT PROSPECTS IN YOUR COUNTRY OF RESIDENCE. OTHER REASONS: given your education and work history i aAM NOT SATISFIED THAT YOU HAVE THE SKILLS NEEDED TO PERFORM THE JOB YOU ARE APPLYING FOR" in all honesty, i think the reasons are not compelling enough to warrant a refusal. I have an employer who needs me, i have an approved LMO, i have a signed working contract that i will be working for 12months. I cannot understand the reason that i might not leave canada after the authorized period... Im in despair right now. I have waited 3months, spent money for airfare to DFA manila etc and worst of all i quit my ok-paying job because of this supposed better opportunity... Is there any way i can appeal my case? Or when can i reapply? Whats the next best thing to do? I have no plan b as of the moment.. PLEASE HELP

 

[scylla]

"Satisfying a visa officer that you will leave Canada at the end of your work permit" is one of the base requirements for being approved for a work visa. So unfortunately this reason is certainly sufficient to warrant a refusal of your application.

Looking at the information you provided, I can see why the CIC officer who processed your work permit doubted that you would return home. You mentioned that the job you quit was territory manager for a pharmaceutical company. If someone with your educational and professional experience is giving up a (skilled) job like that in order to work as an (unskilled) kitchen staffer - then unfortunately the logical assumption is that their primary motive for taking the job is because they want to stay in Canada long term. Keep in mind that your application is a victim of the people who have come before you. In other word, too many people with similar profiles in the past have not returned home after the end of their work permit.

I'm not sure reapplying would do much good. If you and your boyfriend are serious, one option would be to marry. You can then try to apply for a TRV or open work permit based on being married to him and his employment. Another option would be to try to find a job offer and LMO that more closely matches your educational background and experience.

Hope this helps and sorry about the refusal.

 

[driftqueen]

I understand.thanks much for the reply. Its just that I was somewhat assured by the headhunter who also helped hire my bf that it wouldnt be a problem. I did try to raise that concern at the start because it seems I am overqualified or rather "jobfit" wise its like putting a square peg in a round hole. At least i am now more enlightened and will learn from this experience. At least my prior hunches were confirmed. Thanks again and will just keep trying soon enough and yes definitely get married. Thanks much!

 

[judylopez]

Hi Drift....

I feel bad for your situation, but the lady you said who processed your papers is a "headhunter" and also a licenced immigration advisor too? She should have never said it will be "no problem" because there are so many details and denials in Manila exactly for your situation.

Who told you to quit your job? I agree 100% with Scylla, these mistakes and the unfortunately the volume of denials which came from candidates before you, have made you now a statistic as well - you have a bad record in the Embassy now - and all your future applications for Canada will be heavily scrutinized against your previous denial.

Also, there is always more information behind the reasons put in the Embassy denial letter, and it is possible to appeal the officer's decision if you think it was unfair. It only takes money, but the Government of Canada is not above the law. Eventhough the deny thousand of applications knowing they are doing so illegally but they do not care unless someone appeals it.

Before you ever think of making an another application to Canada, you should find out what those real reasons are. Maybe hiring an attorney would be the best use of your time and money.

Is your boyfriend also pinoy? Did he apply directly from Phils or have working experience from elsewhere?

 

[SenoritaBella]

She does not have a bad record per se but has to overcome the issues raised by the visa officer to be successful next time. In addition to scylla's suggestions, the OP can also take a course/certification in the culinary field and work for sometime in her home country, after which she can apply(it will be like a career change). If she is common-law(have lived together for at least 1 year), she could also apply for a spousal open work permit.

 

[driftqueen]

@judy: thanks for your advice mam. Whether the headhunter is a Licensed immigration adviser also, i cannot say. All i know is she helps filipinos who are willing to work in canada to get to canada sans the ridiculous placement fees being charged by agencies in the philippines. Actually sometimes i think its just really sheer luck because there are also some wh0 are 100% qualified with all supporting documents and still get turned down for the same reasons or another. Eitherway, some are just born lucky i guess hehe.. Tho i have taken this as a learning experience as regards to quitting my job too soon, i shouldve waited until i got the result from the embassy because now i gotta start from scratch. My bf used to work in international cruise ships until he got this opportunity.. Hopefully, after i get my culinary certificate and gain ample experience i could try agen.. My bf's employer says the doors as still open for me thanks agen for your suggestions and encouragement

@senorita: thanks mam for the brief but concise reply..will take note of your suggestions as well. Bf plans on the "common-law thingie" while i study culinary courses and gain enough experience to substantiate my reapplication. Until then, I leave it all to God.

 

[SenoritaBella]

You have a really great attitude considering the circumstances... you will go far. Is it possible to ask for your old job back? Overall, it's awesome that your bf's employer is willing to hire you. Best wishes in everything!

@ judy: thanks for your advice mam. Whether the headhunter is a Licensed immigration adviser also, i cannot say. All i know is she helps filipinos who are willing to work in canada to get to canada sans the ridiculous placement fees being charged by agencies in the philippines. Actually sometimes i think its just really sheer luck because there are also some wh0 are 100% qualified with all supporting documents and still get turned down for the same reasons or another. Eitherway, some are just born lucky i guess hehe.. Tho i have taken this as a learning experience as regards to quitting my job too soon, i shouldve waited until i got the result from the embassy because now i gotta start from scratch. My bf used to work in international cruise ships until he got this opportunity.. Hopefully, after i get my culinary certificate and gain ample experience i could try agen.. My bf's employer says the doors as still open for me thanks agen for your suggestions and encouragement

@ senorita: thanks mam for the brief but concise reply..will take note of your suggestions as well. Bf plans on the "common-law thingie" while i study culinary courses and gain enough experience to substantiate my reapplication. Until then, I leave it all to God.

 

[ceebgee]

@ Scylla.....

Hi there! I never have thought that after having a Medical Examination an applicant can still be denied. Not until I read all about it here.
Maam, may I ask in your own opinion what is my chance of having a visa? I am a bank employee (Landbank of the Phils) for almost 15 years and is now holding a position of a Operations Specialist - Bank Teller, being hired as a Cashier St. Paul Alberta. Do you think I qualify for that? This all my first time to apply for work abroad and have no history of travelling abroad also. BTW, done with my medical exam last July 30, 2012. Thank you. Hope to hear from you soon.

 

[driftqueen]

@ceebgee.. Its all in the hands of the people over at the canadian embassy..as many would say only "as luck would have it" but your background here in the phils perfectly matches the position youre applying for in Alberta as opposed to mine which are totally worlds apart.suntok sa buwan if u think about it.. So you might stand a better chance compared to me but keep praying while waiting for your results and i wish u all the best. Always remember everything happens according to His plan...so i have stopped crying and moved on..took some courses that could help make my future application more convincing. hope mgkitakita tyo sa canada soon hehe

 

[out]

@ ceebgee.. Its all in the hands of the people over at the canadian embassy..as many would say only "as luck would have it" but your background here in the phils perfectly matches the position youre applying for in Alberta as opposed to mine which are totally worlds apart.suntok sa buwan if u think about it.. So you might stand a better chance compared to me but keep praying while waiting for your results and i wish u all the best. Always remember everything happens according to His plan...so i have stopped crying and moved on..took some courses that could help make my future application more convincing. hope mgkitakita tyo sa canada soon hehe

you're so positive despite of negative things happened...i agree you will really go a long long way more than what is expecting. may your breed multiply and I myself I am enlightened to take life more on the hopeful side!

 

[Pippin]

If you have been refused, order your GCSM notes (computer notes VO makes when reviewing your application). This will give you better insight into reasons for refusal. Our friend was recently refused for a WP for a similar position to the one he held for 5 years outside Canada, so he definitely had all the right qualifications. He provided all the documentation to prove ties to home, employment, education, travel history, finances, and high IELTS. The application was put together by an approved Canadian immigration lawyer. When he got the GCSM notes he found that the Visa Officer must have been reviewing someone else's application, but put the notes under HIS Unique Number. None of the facts matched his application. It was impossible to know this until he got the NOTES. You have to act quickly if you are going to raise questions about your refusal and it takes approx 40 days to get your notes (sometimes referred to CAIPS in the past).
Everyone has to look at their TIES TO THEIR HOME COUNTRY and make sure that they are as strong as possible. Showing you have a continuing job (employer will rehire you upon return), ownership of property, family members, bank balance is healthy, travel history showing you have returned home in the past, etc. Anything you can do to prove you will leave Canada is vital. If you cannot prove this step, nothing else matters in the end. Good Luck all.