Work Permit Valid but TRV Renewal Refused?

[SnootchieBootchies]

Hi,

I'm inquiring on the behalf of my grandmother's live-in caregiver. Her TRV RENEWAL application was recently refused. The reason given is as follows:

"You have not provided evidence of your current employment. Therefore, you have not satisfied me that you meet the requirements of Regulation 179; that you would leave Canada at the end of the temporary period if you were authorized to stay. In reaching this decision I considered your ties to your country of residence/citizenship balanced against factors which might motivate you to stay in Canada".

We are confused by this decision since her work permit is valid until the end of 2009. In her renewal application, she submitted a copy of the work permit, her tax return, and the contract between her and my uncle (my uncle is officially listed as the employer of my grandmom's caregiver).

Her TRV was issued in Beijing under the W-1 worker category. The TRV expired in February 2008 but she didn't think it mattered at the time since her work permit was valid until December 2009. In August 2008, she found out from some friends that she should renew her TRV so she applied via Buffalo. She was refused a couple of weeks later and the case was immediately closed.

Can anyone suggest what we should do now? My grandmom relies heavily on her caregiver, not only for care but also for companionship as the two chat and gossip like old friends. Is this just a matter of resubmitting the TRV renewal application? And if we do resubmit, what additional information should we be including? Or does the fact that the case was closed signify something more serious (i.e. something requiring a lawyer).

Any help would be greatly appreciated!

[BCguy]

You need to file an appeal,Get a Lawyer or Immigration Consultant.Otherwise Be Prepared to say Goodbye

[kayebee8]

Why would your Caregiver renew her TRV if her Work Permit is still valid? Is she planning to go out of Canada anytime soon?

As long as her Work Permit is still valid, she is within status in Canada. Now, if she will go out of Canada, then she will need to have a TRV.

To clarify:

A live-in caregiver who was originally hired form overseas needs a TRV to be able to enter Canada. A Work Permit is not use to enter Canada. Once issued a Work Permit, a caregiver can stay in Canada for the duration of the permit. It does not matter if the TRV expires as the caregiver is ALREADY inside Canada.

Hope this helps.