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Open Work Permit Refused :o

kaez

Member
May 3, 2015
14
0
hello good evening, i currently need some help because i am not %100 understanding the reason stats why work permit was refused i would share it with you and if somebody can help me understand it and give me some advise on what to do, thanks in advance.

(This refers to your application for a Canadian work permit. According to Canada's Immigration and Refugee
Protection Act and Regulations, as an applicant for a work permit, you must establish that you meet all of the
requirements of Part 11 of the Regulations. You must satisfy an officer that you will not contravene the
conditions of admission and that you do not belong in a category of persons inadmissible to Canada under the
Act. You must also satisfy an officer that your intentions are bona fide and that you will leave Canada by the end
of the period authorized for your stay.
Based on a careful review of the information contained in your application and all of the documentation which
you have provided in support of your application, I am not satisfied that you meet the requirements of the Act
and the Regulations. I am therefore refusing your application.
Subsection 11(1) of the Act states that “a foreign national must, before entering Canada, apply to an officer for a
visa or for any other document required by the Regulations. The visa or document shall be issued if, following an
examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of
this Act.” Subsection 2(2) specifies that unless otherwise indicated, references in the Act to “this Act” include
regulations made under it.
This application is closed. Please note that any new information you wish to provide must be submitted with a
new application and processing fee. Should you wish to reapply, I would suggest that you do so only if your
situation has changed substantively or you have significant new information to submit.
Sincerely,)

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.
You have not satisfied me that you would leave Canada by the end of the period authorized for your stay.
In reaching this decision, I considered several factors, including:

your travel history

your current employment situation.)

this is what i have received from them stating why my open work permit has been refused. if someone has a better understanding could you explain to me please!!
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
kaez said:
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.
The refusal states that you don't qualify for an OWP and are not exempt from the LMIA process.

OWPs are only given in very specific situations. Which situation applies to you?
 

kaez

Member
May 3, 2015
14
0
so are you saying that it's better i get a LMIA from an employer and try to apply again?
 

ButterflyChemist

Hero Member
Jun 24, 2014
761
45
kaez said:
so are you saying that it's better i get a LMIA from an employer and try to apply again?

On what basis did you apply for an open work permit? Are you the spouse of a someone authorised to work or study in Canada? You can't just apply for an OWP because you feel like it. So what was your basis?
 

scylla

VIP Member
Jun 8, 2010
93,178
20,656
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
kaez said:
so are you saying that it's better i get a LMIA from an employer and try to apply again?
Why did you think you qualified for an open work permit? Only people in specific circumstances qualify for open work permits? Why did you think you qualified?
 

kaez

Member
May 3, 2015
14
0
I have done a lot of researching before i applied. I read on cic that if i am eligible to stasy n canada up to 6 months from a visa exempt country or have a family member living in Canada that I can apply for an open wrk permit. I also did the questioner test and it gave the option of me to apply for a open work permit. I gave all information of everything they had asked me for. So am now confused of this refusal.
 

ButterflyChemist

Hero Member
Jun 24, 2014
761
45
kaez said:
I have done a lot of researching before i applied. I read on cic that if i am eligible to stasy n canada up to 6 months from a visa exempt country or have a family member living in Canada that I can apply for an open wrk permit. I also did the questioner test and it gave the option of me to apply for a open work permit. I gave all information of everything they had asked me for. So am now confused of this refusal.
The link below lists the potential criteria for open work permits. I think you may have misinterpreted some of the information as based on the information you've given above you do not qualify, hence the rejection.

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=177&t=17
 

MaryLou6

Hero Member
Oct 23, 2014
397
25
Category........
Visa Office......
Mississauga, INLAND
Job Offer........
Pre-Assessed..
App. Filed.......
11-09-2014, common-law
Doc's Request.
OWP received May 26.2015, SA & AIP August 31, 2015, DM on September 3, 2015
AOR Received.
14-10-2014
Med's Done....
upfront
LANDED..........
24-09-2015
ButterflyChemist said:
The link below lists the potential criteria for open work permits. I think you may have misinterpreted some of the information as based on the information you've given above you do not qualify, hence the rejection.

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=177&t=17
What is means in a shortcut : YOU NEED THE LMIA.
 

scylla

VIP Member
Jun 8, 2010
93,178
20,656
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
kaez said:
I have done a lot of researching before i applied. I read on cic that if i am eligible to stasy n canada up to 6 months from a visa exempt country or have a family member living in Canada that I can apply for an open wrk permit. I also did the questioner test and it gave the option of me to apply for a open work permit. I gave all information of everything they had asked me for. So am now confused of this refusal.
There is no rule that says you are eligible to apply for an open work permit if you are from a visa exempt country. You have completely misinterpreted the rules. This rule refers to people who have TRP which are a special (and very hard to get) type of permit for people who are inadmissible to Canada (usually due to a crime). You don't have a TRP and don't qualify under this rule.

As for the family member rule - what family member do you have in Canada and what is their status in Canada?
 

Preetjas

Star Member
Mar 25, 2015
96
4
kaez said:
i been soo busy could not get to reply. my cousin is a born canadian.
you are talking about your cousin is Canadian ... I am sorry to say you can apply open work permit only if your wife or husband has work permit, permanent resident or student
 

scylla

VIP Member
Jun 8, 2010
93,178
20,656
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Preetjas said:
you are talking about your cousin is Canadian ... I am sorry to say you can apply open work permit only if your wife or husband has work permit, permanent resident or student
Agreed. You don't meet any of the criteria for an open work permit. Your open work permit was correctly refused.