Work Visa Application Refusal - HELP!

[ad380]

I just received this message back about my Visa in regards to it's refusal:

"You have not demonstrated that you come within the exceptions under section 186 of the regulations
exempting you from the requirement to obtain a work permit or that your employment in Canada comes
within the exceptions to section 203 of the regulations. As a result, your offer of employment must be the
subject of an economic effect determination before a work permit can be issued to you. Your employer in
Canada should contact the local office of the Department of Human Resources and Skills Development
Canada to begin this process."

I don't get it and I'm not sure what to do now. I want to move to (Ontario) Canada for about 3.5 years to be with my girlfriend while she attends university in Toronto. I just graduated university myself, have money, and no criminal record - can someone please explain what this means and how I go about rectifying it? I don't have a job offer, is that why? Also, I'm from the UK (England)

 

[dbss]

You need a Labour Market Opinion to get a work permit..

 

[ad380]

You need a Labour Market Opinion to get a work permit..

Even for an open permit? A

 

[angelbrat]

oh dear, please read Canadian immigration rules. You cannot just apply to work here and get a visa.

Start by researching.

Good Luck.

 

[dbss]

Open work permit is an exception to the rule of grant of a work permit (which states you need to have an LMO) and is available to only a few categories like PGWP, spousal work permit etc...

now you said you want to stay with your gf...unless you are married or I guess common law you cannot apply for work permit and you need to have a LMO

 

[scylla]

Even for an open permit? A

You need to provide more information. Is your girlfriend a Canadian or here on a study permit? Are you married or have you lived together for a minimum of one fully year? If your girlfriend is Canadian (PR or citizen) then you don't qualify for an open work permit based on her studies here. In this case you need a job offer and an LMO to apply for a closed work permit.

If she is here on a study permit but you aren't married and haven't lived together for at least one year (and can prove it) - then you also don't qualify for an open work permit. In this case you need a job offer and an LMO to apply for a closed work permit.

If you are married/common law and she is here on a study permit, then I suspect you didn't provide enough information in your application for the officer to be able to determine that you qualify.

 

[ad380]

You need to provide more information. Is your girlfriend a Canadian or here on a study permit? Are you married or have you lived together for a minimum of one fully year? If your girlfriend is Canadian (PR or citizen) then you don't qualify for an open work permit based on her studies here. In this case you need a job offer and an LMO to apply for a closed work permit.

If she is here on a study permit but you aren't married and haven't lived together for at least one year (and can prove it) - then you also don't qualify for an open work permit. In this case you need a job offer and an LMO to apply for a closed work permit.

If you are married/common law and she is here on a study permit, then I suspect you didn't provide enough information in your application for the officer to be able to determine that you qualify.

Thank you. I and my girlfriend are common-law and I believe I showed enough proof of this in the application. She is studying on the basis of Canadian citizenship and does not require a study permit. If I read you correctly, this is the reason I am not exempt from section 186, therefore requiring a closed work permit.

 

[scylla]

Thank you. I and my girlfriend are common-law and I believe I showed enough proof of this in the application. She is studying on the basis of Canadian citizenship and does not require a study permit. If I read you correctly, this is the reason I am not exempt from section 186, therefore requiring a closed work permit.

Correct - because she is a Canadian citizen, you don't qualify for an open work permit and were correctly refused.

You'll need to secure a job offer and then your employer will need to obtain an approved Labour Market Opinion. Once you have these two things, you will be able to apply for a closed work permit.

Good luck.