Border Service officer refused permit

[praveenpoudel]

hello everyone,

I am an Indian national and I have been in Canada for 1 month. I have lived in the US for some months previously, and initially came to visit Canada, but then got a job offer in my field which is cooking.

This afternoon I went to the border to get a permit, and the officer told me that the LMIA was fraudulent and that he thinks I paid for the job...
He called the restaurant manager and then refused my work permit.

I don't understand what to do? The company that offered me the job is also confused because the CBSA officer said he saw my information in the system but thinks everything is fake... What can I do now?

thank you

 

[Naturgrl]

hello everyone,

I am an Indian national and I have been in Canada for 1 month. I have lived in the US for some months previously, and initially came to visit Canada, but then got a job offer in my field which is cooking.

This afternoon I went to the border to get a permit, and the officer told me that the LMIA was fraudulent and that he thinks I paid for the job...
He called the restaurant manager and then refused my work permit.

I don't understand what to do? The company that offered me the job is also confused because the CBSA officer said he saw my information in the system but thinks everything is fake... What can I do now?

thank you

Your employer needs to talk to EDSC to reissue LMIA and confirm that it is approved.

 

[scylla]

hello everyone,

I am an Indian national and I have been in Canada for 1 month. I have lived in the US for some months previously, and initially came to visit Canada, but then got a job offer in my field which is cooking.

This afternoon I went to the border to get a permit, and the officer told me that the LMIA was fraudulent and that he thinks I paid for the job...
He called the restaurant manager and then refused my work permit.

I don't understand what to do? The company that offered me the job is also confused because the CBSA officer said he saw my information in the system but thinks everything is fake... What can I do now?

thank you

Get the LMIA reissued. Apply for the work permit online. Don't flagpole.

 

[praveenpoudel]

Get the LMIA reissued. Apply for the work permit online. Don't flagpole.

We called Service Canada today. They said, there is nothing wrong with the LMIA. The officer said he did not add anything to my record but just said if you come back here I will deport you. Work permit online takes 168 days right now and on paper it is 90 days.

The employer said he would like me to start soon so we went to the border. Can we go with the employer to the same officer?

thank you

 

[Naturgrl]

We called Service Canada today. They said, there is nothing wrong with the LMIA. The officer said he did not add anything to my record but just said if you come back here I will deport you. Work permit online takes 168 days right now and on paper it is 90 days.

The employer said he would like me to start soon so we went to the border. Can we go with the employer to the same officer?

thank you

How are you eligible to flagpole? Should you not be applying online/paper because you are a visitor is Canada and not from a visa exempt country. That may be the issue when you went to the border. You are not eligible for a work permit at a port of entry.

 

[canuck78]

We called Service Canada today. They said, there is nothing wrong with the LMIA. The officer said he did not add anything to my record but just said if you come back here I will deport you. Work permit online takes 168 days right now and on paper it is 90 days.

The employer said he would like me to start soon so we went to the border. Can we go with the employer to the same officer?

thank you

You don’t qualify to apply for a WP at the border and must apply online. Given that you visited the US for a few months and then came to Canada and found a job right away it would appear as though you were visiting the US and Canada to find employment and not as a true visitor. WPs are never guaranteed and the restaurant industry is an industry known for lot of immigration fraud. The fact that you arrived, found an employer with an LMIA so quickly and went to the border to try and get a WP was very quick so there would have been suspicion that this may have been arranged by a consultant. Unfortunately these situations often involve illegal payment. All you can do is apply online and see if the permit is approved but yes it will take around 6 months and can’t work during that time period. Unless you have the savings to remain in Canada without working you should consider returning home while your application is processed. .

 

[scylla]

We called Service Canada today. They said, there is nothing wrong with the LMIA. The officer said he did not add anything to my record but just said if you come back here I will deport you. Work permit online takes 168 days right now and on paper it is 90 days.

The employer said he would like me to start soon so we went to the border. Can we go with the employer to the same officer?

thank you

Apply via paper and wait for the WP. Don't go to the border again.

 

[Buletruck]

We called Service Canada today. They said, there is nothing wrong with the LMIA. The officer said he did not add anything to my record but just said if you come back here I will deport you. Work permit online takes 168 days right now and on paper it is 90 days.

The employer said he would like me to start soon so we went to the border. Can we go with the employer to the same officer?

thank you

CBSA aren't the sort of people you want to be contradicting. If you feel the need to receive a removal order, returning to the border after being told not to is the way to receive one.

 

[praveenpoudel]

Thank you everyone. I will not go to the border again.

 

[Kisayl123]

hello everyone,

I am an Indian national and I have been in Canada for 1 month. I have lived in the US for some months previously, and initially came to visit Canada, but then got a job offer in my field which is cooking.

This afternoon I went to the border to get a permit, and the officer told me that the LMIA was fraudulent and that he thinks I paid for the job...
He called the restaurant manager and then refused my work permit.

I don't understand what to do? The company that offered me the job is also confused because the CBSA officer said he saw my information in the system but thinks everything is fake... What can I do now?

thank you

Hi
Is your lmia fake and did you hire any immigration consultant and what happend your restaurant manager ask him what they ask…my online application refused and now I am thinking for border

 

[Naturgrl]

Hi
Is your lmia fake and did you hire any immigration consultant and what happend your restaurant manager ask him what they ask…my online application refused and now I am thinking for border

If refused, why? Are you eligible to flagpole (from visa exempt country, on study permit or work visa)?

 

[moscatojuices]

Looks like he simply got the wrong officer and potentially got discriminated because he's from India, which in fairness is a higher risk country in terms of non-compliance. So I'd be suspicious too, but suspicion should not over-rule facts.

OP did the officer you speak to confer with a supervisor before refusing you? That's generally what's needed to be done when refusing someone a visa/work permit because it's an adverse decision and it's negligent if one officer decides to take the authority on themselves to refuse you instead of consulting with a supervisor or CBSA director.

Because despite how it all happened, you did mention your information was on the system and the officer should be able to access/contact Service Canada to verify the legitimacy of an LMIA, and he did call the restaurant too.

This work permit should have been issued so I think the CBSA wrongfully erred. That being said, you can't go back until you get the WP issued. Your employer has no choice but to wait, because they're already spent the time and money in getting you an LMIA and the reason why they got a positive LMIA was because there isn't anyone else to do the job. They'll have to wait and you'll have to survive till your permit's issued.

 

[Kisayl123]

If refused, why? Are you eligible to flagpole (from visa exempt country, on study permit or work visa)?

My immigration consultant submitted contract letter without taking my sign
My previous travel history he uploaded but pictures not cleard I did hotel management course in my home country he did not upload that certificate..So many mistakes happend my online file I don’t want mis represent again that is the reason I m going flagpole pleas guide me here if anyone knows information

 

[Naturgrl]

Looks like he simply got the wrong officer and potentially got discriminated because he's from India, which in fairness is a higher risk country in terms of non-compliance. So I'd be suspicious too, but suspicion should not over-rule facts.

OP did the officer you speak to confer with a supervisor before refusing you? That's generally what's needed to be done when refusing someone a visa/work permit because it's an adverse decision and it's negligent if one officer decides to take the authority on themselves to refuse you instead of consulting with a supervisor or CBSA director.

Because despite how it all happened, you did mention your information was on the system and the officer should be able to access/contact Service Canada to verify the legitimacy of an LMIA, and he did call the restaurant too.

This work permit should have been issued so I think the CBSA wrongfully erred. That being said, you can't go back until you get the WP issued. Your employer has no choice but to wait, because they're already spent the time and money in getting you an LMIA and the reason why they got a positive LMIA was because there isn't anyone else to do the job. They'll have to wait and you'll have to survive till your permit's issued.

The OP is on a visitor visa and not from a visa exempt country so cannot flagpole. He was wanting a closed-work permit.

The following can flagpole:

1. Residents of visa-exempt countries with an LMIA-exempt job.
2. Residents of visa-exempt countries in possession of a positive LMIA.
3. Residents of the U.S., St. Pierre & Miquelon and Greenland.
4. Residents of visa-required countries already in possession of a study or work permit.

 

[Kisayl123]

My immigration consultant submitted contract letter without taking my sign
My previous travel history he uploaded but pictures not cleard I did hotel management course in my home country he did not upload that certificate..So many mistakes happend my online file I don’t want mis represent again that is the reason I m going flagpole pleas guide me here if anyone knows information