Hello my work permit posituve lmia application refused through AI decision maker in IRCC. What options i have now..! Exper advise please
Work permit refused outside Canada
- Thread starter billcanada
- Start date
Reasons for refusal? What NOC? What did you show to prove you can do the job?
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NOC 6211
Reasons habitual residence
Purpose visit not consistent
Current employment financial established
So who is your employer because it seems their financials are not well established. Where? Relative? Did IRCC use the term, “habitual residence” because never heard that term before in refusals. Do you live in home country? Did you show proof of work, IELTS and education?
I did masters from London and then moved to Saudi Arabia
no relatives in Canada
Show payslips and balance certificate
Employer in Canada
been to canada visit as well
Positive Lmia
Thinking to take this decision in to civil court.
is positive lmia from employer are guaranteed work visa along with trv.. kindly advise.
No, a positive LMIA is not a guarantee the work permit will be approved. IRCC can still refuse the application if other conditions aren't met.
You can appeal the decision through hiring an immigration lawyer in Canada.
You have a Masters for NOC 6211 so you are overqualified for the job. Why would your employer need a person with a Masters. Is the employer well established for many years? Who and where is your employer? Is it a gas station? A work permit is never guaranteed.
You don’t take decision to civil court. Hire a Canadian immigration lawyer and file for a judicial review.
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Depends on the strength of your case, and why your employer could only hire a retail manager with a Masters.
As i work part time in London for 3 years i have international experience potentially to moved even in remote areas aswell.. local person cant move remote areas even masters from Canada.
Sure, you can apply for a TRV. Make sure you declare your refusal to Canada and any other refusals.
Given that you applied for a WP and were denied getting a TRV will be difficult because there will be concerns that you will work if you come to Canada. You also may be living in a 3rd country which makes getting a TRV more difficult because you don’t have strong ties to your home country. Are you from LSA or do you have citizenship elsewhere? How did you find this job and employer? If you paid for this job it would be a very bad idea to welcome further investigation into this job offer. What are you currently doing for employment? Your masters from the UK is in Business admin but your ielts scores are very low for having a UK masters. Is the Canadian job in a remote location? You are clearly overqualified for the job in Canada which is likely one of the big issues. That fact is never going to go away even if you take the government to court. It also looks like you have applied for express entry in the past so it will be difficult to show that you only want to work in Canada temporarily and have no intentions of trying to immigrate to Canada.
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