+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Temporary work permit refused

Danish94

Newbie
Jan 5, 2015
4
0
I have applied for a temporary work permit because I have received a job as an au pair in Canada.
Today I got an email stating that it has been rejected and I am puzzled as to why.

In the email it says:
"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."

Can anyone help me to clarify what I have to do in order to fix this "issue" so that I can reapply, without wasting any more money on the application process?
I am 20 years old and come from Denmark. I am planning to stay in Canada for approximately 10 months.
Please help.
 

scylla

VIP Member
Jun 8, 2010
92,993
20,571
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
Based on the refusal, it looks like your employer failed to obtain an approved LMIA (permission to hire you) before you applied for the work permit. Do you have an approved LMIA?
 

Danish94

Newbie
Jan 5, 2015
4
0
scylla said:
Based on the refusal, it looks like your employer failed to obtain an approved LMIA (permission to hire you) before you applied for the work permit. Do you have an approved LMIA?
Thank you for your answer!
No I do not. I didn't even know it was necessary, I wasn't informed of it during the application process. What can I do about it?
 

scylla

VIP Member
Jun 8, 2010
92,993
20,571
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
An LMIA is definitely required before you can apply for a work permit tied to a specific employer. There is nothing you can do about this requirement. It's something your employer must obtain. The process takes several months - so unfortunately you have some waiting ahead of you. There's also a $1K fee involved that your employer will have to pay. Send your employer the following link which has instructions and links: http://www.cic.gc.ca/english/work/employers/lmo-basics.asp

You may also want to check out the Working Holiday Visa program which would allow you to work in Canada for a year without obtaining a specific job offer from a Canadian employer first. There are a limited number of these visas available and I don't believe Canada has opened this program for this year yet: http://www.cic.gc.ca/english/work/iec/index.asp
 

Danish94

Newbie
Jan 5, 2015
4
0
scylla said:
An LMIA is definitely required before you can apply for a work permit tied to a specific employer. There is nothing you can do about this requirement. It's something your employer must obtain. The process takes several months - so unfortunately you have some waiting ahead of you. There's also a $1K fee involved that your employer will have to pay. Send your employer the following link which has instructions and links: (Original link removed as I'm not allowed to post links)

You may also want to check out the Working Holiday Visa program which would allow you to work in Canada for a year without obtaining a specific job offer from a Canadian employer first. There are a limited number of these visas available and I don't believe Canada has opened this program for this year yet: (Original link removed as I'm not allowed to post links)
I have already started applying for the Working Holiday Visa in the beginning of December, but there hasn't been an opening yet, so I can't get further in the process. Do you know where I can find out when they will renew the quota? I am really desperate, I just want to go as soon as possible.
 

scylla

VIP Member
Jun 8, 2010
92,993
20,571
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
Sorry - I have no idea when IEC opens for Denmark this year.

FYI - for the LMIA your employer needs to advertise the job first for at least a month (to prove no Canadian could be found for the role). Once this is done, your employer submits the LMIA application. Difficult to say how long this week take - but many have been taking 2-4 months to process. So the LMIA route won't be fast.
 

Danish94

Newbie
Jan 5, 2015
4
0
scylla said:
Sorry - I have no idea when IEC opens for Denmark this year.

FYI - for the LMIA your employer needs to advertise the job first for at least a month (to prove no Canadian could be found for the role). Once this is done, your employer submits the LMIA application. Difficult to say how long this week take - but many have been taking 2-4 months to process. So the LMIA route won't be fast.
Okay, but thank you anyway :)

I think the LMIA and work permit is out of the question, after what you have told me.
 

scylla

VIP Member
Jun 8, 2010
92,993
20,571
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
Good luck - hope the IEC works out.
 

Jinkajinka

Member
Jun 15, 2017
16
0
Help! I have the same situation too,im applying as a home support worker my work permit applicaton was refused for a single reason that you were not able to demonstrate that you adequately meet the requirements of your employment I took up caregiving and finished a college degree in psychology.
 

Cnag

Newbie
May 30, 2017
2
0
Hi I'm new here!
My husband's work visa got rejected stating that he did not submit the employer number. Stupid agency didn't submit that to the embassy! However we are planning to reapply again.
My question is : will it be possible for him to get the visa before August 2017?
Please help!
Regards,
 

scylla

VIP Member
Jun 8, 2010
92,993
20,571
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
Hi I'm new here!
My husband's work visa got rejected stating that he did not submit the employer number. Stupid agency didn't submit that to the embassy! However we are planning to reapply again.
My question is : will it be possible for him to get the visa before August 2017?
Please help!
Regards,
It's really impossible for any of us to say if he will have the visa before August. It's certainly possible. But also possible that processing will take longer.
 

adesam

Newbie
Jun 1, 2017
3
0
Hi I'm new here!
My husband's work visa got rejected stating that he did not submit the employer number. Stupid agency didn't submit that to the embassy! However we are planning to reapply again.
My question is : will it be possible for him to get the visa before August 2017?
Please help!
Regards,
timeline differs from one country to another..please try and do it yourself, agency is not really needed if you come here to ask questions
 

Cnag

Newbie
May 30, 2017
2
0
timeline differs from one country to another..please try and do it yourself, agency is not really needed if you come here to ask questions
Can you pls help me with the list of documents needed for a work visa?
Thanks in advance
Regards,
 

Binapi

Newbie
Jul 3, 2017
3
0
my husband is working in bahrain for 2 months when he applied for a work permit in canada and been refused reason for refusal travel history current employment status and immigration status. We also got the case notes which states that he provide limited travel histor y, his immigration status in bahrain is just temporary and will be lost if hes away for a long period pf time, he doesnt demonstrate economic ties in bahrain. And now he's already 10mnths working un bahrain and found diff employer and will apply him lmia it will run 2-4 mnths processing for the approval which will make him 1yr working already b4 he apply for wp. Do you think he will get positive result for the wp? The consultant adviced him to return to the Philippines w/c is his country of birth when the lmia approved and apply for there wp but its too risky bcoz he will be unemployed when he apply for wp although phils is his country of birth. Unemployment will have impact on his application. Please advice us what is the best thing to do. Thank you in advance.

Fyi: he worked in canada for 2yrs and returned home bcoz his employer unable to renew his wp, the worked in bahrain up to now