LMIA-exempt permit refused, out of status, need help understand the process

[yvrrvy]

Hi all,

I applied for PR in June and for the lmia-exempt work permit in September. Got refused last week for "failing to provide valid nomination". I did not include the nomination or the support letter in my application, very unfortunately. Although the officer wrote that I did provide the letter, I did not as I don't see it uploaded in the files I submitted, strangely.
My nomination expired in October and so did my work permit.
Right now I am out of status and on leave from my work. My employer said that since I applied for pr on time I am still a nominee and therefore they suggest I get a new work permit support letter from the province.
I had emailed pnp about the change in my status and had submitted a request for a new work support letter. However, I also understand that technically these work support letters do not expire...and that maybe I could argue that and reapply again if my work will provide me with another offer, which they seem to be willing to do.
When I requested a new support letter the confirmation email said they do it in a month, but when I reported a change in my status to the pnp email the automatic reply said that they take up to 3 month to get back.
I got 90 days from middle of December to reapply and to restore my status, and I obviously want to do it even sooner and so does my employer. They said they will reach out to the pnp program to see if they can expedite the new letter.
I am thinking, why did IRCC officer write that I provided one thing and not the other when I actually did not provide both. Could I argue for them to reopen it? Let me resubmit y docs. Would it be a good strategy to reapply before I get a new support letter, and explain what had happened in a supplementary letter? I am worried they might rescind my nomination as I cannot work now.
I think I just have to wait and see but really don't want to gamble and want to make sure everything is done absolutely right this time.
I am hoping anyone would have advice here?
Thank you!

 

[Naturgrl]

Hi all,

I applied for PR in June and for the lmia-exempt work permit in September. Got refused last week for "failing to provide valid nomination". I did not include the nomination or the support letter in my application, very unfortunately. Although the officer wrote that I did provide the letter, I did not as I don't see it uploaded in the files I submitted, strangely.
My nomination expired in October and so did my work permit.
Right now I am out of status and on leave from my work. My employer said that since I applied for pr on time I am still a nominee and therefore they suggest I get a new work permit support letter from the province.
I had emailed pnp about the change in my status and had submitted a request for a new work support letter. However, I also understand that technically these work support letters do not expire...and that maybe I could argue that and reapply again if my work will provide me with another offer, which they seem to be willing to do.
When I requested a new support letter the confirmation email said they do it in a month, but when I reported a change in my status to the pnp email the automatic reply said that they take up to 3 month to get back.
I got 90 days from middle of December to reapply and to restore my status, and I obviously want to do it even sooner and so does my employer. They said they will reach out to the pnp program to see if they can expedite the new letter.
I am thinking, why did IRCC officer write that I provided one thing and not the other when I actually did not provide both. Could I argue for them to reopen it? Let me resubmit y docs. Would it be a good strategy to reapply before I get a new support letter, and explain what had happened in a supplementary letter? I am worried they might rescind my nomination as I cannot work now.
I think I just have to wait and see but really don't want to gamble and want to make sure everything is done absolutely right this time.
I am hoping anyone would have advice here?
Thank you!

So it was refused for not providing valid nomination and you say that you didn't include that information..."I did not include the nomination or work support letter." You are out of status and cannot work until work permit is approved so that will be many months even when work support letter comes. if you have LMIA exemption then why not apply for closed work permit.

 

[yvrrvy]

So it was refused for not providing valid nomination and you say that you didn't include that information..."I did not include the nomination or work support letter." You are out of status and cannot work until work permit is approved so that will be many months even when work support letter comes. if you have LMIA exemption then why not apply for closed work permit.

That’s what I applied for, closed employer specific lmia exempt work permit. And it says to apply you need to have a valid nomination, or proof that you applied for PR on time, if it’s expired, and then the job offer, and a support letter. So the job offer got refunded and my work needs to pay for it again, which they said they are willing to do but suggested I get a new support letter. I don’t know if I can argue that I can apply now with the previous letter and then write in a letter that I have applied for a new one.

 

[Naturgrl]

That’s what I applied for, closed employer specific lmia exempt work permit. And it says to apply you need to have a valid nomination, or proof that you applied for PR on time, if it’s expired, and then the job offer, and a support letter. So the job offer got refunded and my work needs to pay for it again, which they said they are willing to do but suggested I get a new support letter. I don’t know if I can argue that I can apply now with the previous letter and then write in a letter that I have applied for a new one.

It will be refused again if you apply without new work support letter. Get work support support letter and reapply. You may get PR before you get work permit. Think about changing status to visitor. Consult a lawyer too. Fortunately you have a supportive employer willing to continue nomination.

 

[Miss bee]

Hi all,

I applied for PR in June and for the lmia-exempt work permit in September. Got refused last week for "failing to provide valid nomination". I did not include the nomination or the support letter in my application, very unfortunately. Although the officer wrote that I did provide the letter, I did not as I don't see it uploaded in the files I submitted, strangely.
My nomination expired in October and so did my work permit.
Right now I am out of status and on leave from my work. My employer said that since I applied for pr on time I am still a nominee and therefore they suggest I get a new work permit support letter from the province.
I had emailed pnp about the change in my status and had submitted a request for a new work support letter. However, I also understand that technically these work support letters do not expire...and that maybe I could argue that and reapply again if my work will provide me with another offer, which they seem to be willing to do.
When I requested a new support letter the confirmation email said they do it in a month, but when I reported a change in my status to the pnp email the automatic reply said that they take up to 3 month to get back.
I got 90 days from middle of December to reapply and to restore my status, and I obviously want to do it even sooner and so does my employer. They said they will reach out to the pnp program to see if they can expedite the new letter.
I am thinking, why did IRCC officer write that I provided one thing and not the other when I actually did not provide both. Could I argue for them to reopen it? Let me resubmit y docs. Would it be a good strategy to reapply before I get a new support letter, and explain what had happened in a supplementary letter? I am worried they might rescind my nomination as I cannot work now.
I think I just have to wait and see but really don't want to gamble and want to make sure everything is done absolutely right this time.
I am hoping anyone would have advice here?
Thank you!

You need a new WPSL letter from Province and have to submit copy of nomination certificate along with all other documents. You are now out of status and have to apply to restore your status asap . WPSL is mandatory document when you apply for Employer Specific work permit along with Job offer in employer portal.

 

[yvrrvy]

You need a new WPSL letter from Province and have to submit copy of nomination certificate along with all other documents. You are now out of status and have to apply to restore your status asap . WPSL is mandatory document when you apply for Employer Specific work permit along with Job offer in employer portal.

Thanks, that’s what I think, and I applied for a new letter, so all I can do is just wait now I guess for the new letter and hope that it’s not going to take months….. and then reapply and wait again for it to be reviewed. It is such a mess and feels like it’s never gonna end :/