Caregiver application (With LMIA)- Work Permit Application Denied

[Dreyyy]

Hi! Good day to all! I do not know if this is the right forum nor the right sub forum for posting these kind of stuffs. I am seeking help in behalf of my Mother. She's currently here in the Philippines, she just came back from Canada 6 months ago. She came in as a tourist (with multiple visa) and was able to find an employer as she is a caregiver by profession here in the Philippines, as per some friends' advice and consultation with am agency, she exited Canada and went home to the Philippines to process her work permit application here. To cut the story short, we submitted all the needed documents and was accepted by VFS Global (3rd party screening agency for several embassies here in the Phl), the documents were then submitted to Canadian Embassy and was due for processing. After 3 months, we were contacted that her passport is ready for pick up at the VFS Global, to our surprise she was denied. We read the letter and there where three reasons why she was denied:
The Visa Officer isnt satisfied that she will come back home here in the Philippines after the said contract ended in Canada due to the following reasons:

- Her Family ties in Canada and in home Country (We are four siblings, im the only one here in the Philippines (23 yrs old), Two in Canada and One in Bahrain)

- Employment prospects in country of residence (how do you explain this?)

- Current employment situation (My mom's 56 years old and she's been unemployed(to being a caregiver) for quite some time since she has a small private business, that she stopped when she went to Canada for visit after my father passed away).

I am really sorry for the long post, her employer called just now begging for her to try once more, she suggested to get an agency here in the Philippines, but I really dont think it is that necessary. All we need is how do we satisfy an officer with that kind of reasons. If there is someone who can help us, I am thanking you now in advance. Good day and God bless!

P.S. Does having a multiple visa stamped on her passport might have had an effect on her applying to a work permit?

 

[Dreyyy]

I really do hope someone would be able to help us or recommend maybe an agency to help us. My mother's LMIA will be expiring on December and we're planning to re apply as soon as we know how do we satisfy those reasons stated above. Thank you!

 

[jpdx]

I am in the same situation for my sister-in-law and I feel that I understand how you must be feeling.
We just got the bad news today after 3 months of waiting.
I accept the decision and plan to reapply.
However, there were no detailed explanation behind the reasons:
- Employment prospects in country of residence
and
- Current employment situation

I was hoping to find answers too.

 

[joidiple]

ang solusyon lng diyan apply niyo ulit tapos kung kaya niyo gawan ng paraan yung mga reason na yun eh maganda. magtatanong rin lng sana ako ilang months yung processing ng lmia ng mother mo? thanks.

 

[jpdx]

ang solusyon lng diyan apply niyo ulit tapos kung kaya niyo gawan ng paraan yung mga reason na yun eh maganda. magtatanong rin lng sana ako ilang months yung processing ng lmia ng mother mo? thanks.

That is exactly what I am planning to do.
I just needed an explanation what these two reasons mean.
The Visa Officer isn't satisfied that she will come back home here in the Philippines after the said contract ended in Canada due to the following reasons:
- Employment prospects in country of residence
- Current employment situation

If the embassy is saying that the application was denied because the applicant is currently unemployed, then they should know that unemployment is in the first place, the reason for finding a job elsewhere.

*processing time for my sister-in-law's LMIA took 2 weeks after submission, with positive result

 

[Dreyyy]

ang solusyon lng diyan apply niyo ulit tapos kung kaya niyo gawan ng paraan yung mga reason na yun eh maganda. magtatanong rin lng sana ako ilang months yung processing ng lmia ng mother mo? thanks.

For my Mom it took 3 months of processing LMIA- if im not mistaken. The employer in Canada still posted it on some job bank I think as it was a protocol. Anyways, yes Inthink our decision is re apply with additional documents. Wish us luck and hey jpdx Godbless to both of us!

 

[jpdx]

I am the employer in my situation.
I just sent an email to an immigration lawyer here in Canada.
I explained what happened, and I asked for advice on what to do next.
Maybe a Judicial Review is beneficial, so a different immigration officer will re-evaluate the application.

 

[Dreyyy]

I am the employer in my situation.
I just sent an email to an immigration lawyer here in Canada.
I explained what happened, and I asked for advice on what to do next.
Maybe a Judicial Review is beneficial, so a different immigration officer will re-evaluate the application.

I really do think it is basically based on the officer who evaluated the documents as one officer's decision might be different from another. Anyhow, I have read somewhere that you can request for the "notes" of the officer who did the evaluation for you Sister-in-law. In our case, we do not have the luxury of time so we're just going to reapply before the LMIA expires. Oh would you know, the processing time here in the Philippines for a work permit is 3 months and my Mother's LMIA will expire on December will it affect our application if we start today (counting this month, earliest we can get result would be December also) ?

 

[jpdx]

I got a reply from the lawyer.
He advised me to request for the immigration officer's actual notes through the freedom of information act.
This will take minimum of 30 days processing time.
This way, we will have a better understanding of the real reason of the refusal.
Then try to fix the issue before reapplying.

About your LMIA question... The expiration date indicates the last day you can use the LMIA to apply for work permit.

 

[marvz21]

do both of you guys reached the point that they requested you to submit your passports for the visa stamping but ended up denied at the end? that's unfair. the moment you submitted your documents and the officer checked them he should have made a decision at that point.
the presence of family members in Canada has an impact on the decision making. the visa officer will really think that you might not leave Canada after your allowed stay if ever.
on the employment part, it also doesn't help that you are unemployed for a certain period of time related to the job you are applying for in Canada.

 

[jpdx]

do both of you guys reached the point that they requested you to submit your passports for the visa stamping but ended up denied at the end? that's unfair. the moment you submitted your documents and the officer checked them he should have made a decision at that point.
the presence of family members in Canada has an impact on the decision making. the visa officer will really think that you might not leave Canada after your allowed stay if ever.
on the employment part, it also doesn't help that you are unemployed for a certain period of time related to the job you are applying for in Canada.

Yes, the embassy requested for the passport, just to end up getting denied.
The unemployment aspect makes sense.
Although the immigration officer could have mentioned it regarding the job requirements.

 

[marvz21]

Yes, the embassy requested for the passport, just to end up getting denied.
The unemployment aspect makes sense.
Although the immigration officer could have mentioned it regarding the job requirements.

that's really unfair. based on the documents alone the officer can decide whether it's approved or not, shouldn't reached the passport request at all. you can reapply and hope that another officer with better point of view will handle your application. good luck guys.

 

[Dreyyy]

that's really unfair. based on the documents alone the officer can decide whether it's approved or not, shouldn't reached the passport request at all. you can reapply and hope that another officer with better point of view will handle your application. good luck guys.

I dont know to jpdx's case, but here in the Philippines, right at the VFS Global, the third party responsible for pre-screening the candidates, after checking the documents they will also, at the same time request for the passport. It will then be sent to Canadian Embassy along with all the other documents submitted that are to be assessed by a Visa Officer.

On the "possible prolonging of stay" issue, I doubt that my Mother would do that as it might affect her possible application for a PR in the future. Our problem is how do we testify on that? I am not a minor anymore, three of my siblings are abroad (2 in Canada and 1 in Bahrain) so yeah I think it would be quite difficult on her. What we can offer is to give documents relating to her property and maybe some bank accounts?

@employment
I find this kinda upsetting, the reason why she's applying for work is because she doesn't have one, yes she has had experiences in the past but I am kind of confused on why this is an issue in the first place. We will be reapplying soon enough and try the bests of our luck.

 

[jpdx]

I dont know to jpdx's case, but here in the Philippines, right at the VFS Global, the third party responsible for pre-screening the candidates, after checking the documents they will also, at the same time request for the passport. It will then be sent to Canadian Embassy along with all the other documents submitted that are to be assessed by a Visa Officer.

On the "possible prolonging of stay" issue, I doubt that my Mother would do that as it might affect her possible application for a PR in the future. Our problem is how do we testify on that? I am not a minor anymore, three of my siblings are abroad (2 in Canada and 1 in Bahrain) so yeah I think it would be quite difficult on her. What we can offer is to give documents relating to her property and maybe some bank accounts?

@employment
I find this kinda upsetting, the reason why she's applying for work is because she doesn't have one, yes she has had experiences in the past but I am kind of confused on why this is an issue in the first place. We will be reapplying soon enough and try the bests of our luck.

Good luck on your mother's 2nd try.
Please keep in touch.

 

[marvz21]

I dont know to jpdx's case, but here in the Philippines, right at the VFS Global, the third party responsible for pre-screening the candidates, after checking the documents they will also, at the same time request for the passport. It will then be sent to Canadian Embassy along with all the other documents submitted that are to be assessed by a Visa Officer.

On the "possible prolonging of stay" issue, I doubt that my Mother would do that as it might affect her possible application for a PR in the future. Our problem is how do we testify on that? I am not a minor anymore, three of my siblings are abroad (2 in Canada and 1 in Bahrain) so yeah I think it would be quite difficult on her. What we can offer is to give documents relating to her property and maybe some bank accounts?

@employment
I find this kinda upsetting, the reason why she's applying for work is because she doesn't have one, yes she has had experiences in the past but I am kind of confused on why this is an issue in the first place. We will be reapplying soon enough and try the bests of our luck.

ok I see. so it's actually VFS who did all these. let me ask you, is online application not available in the Philippines? that is better because your application goes directly to the Canadian embassy and they will request you to submit your documents (scanned copy only) accordingly. it's actually more convenient. mine I applied online from saudi arabia and I only started getting in touch with VFS when the embassy requested me to submit my passport.

are your siblings here in Canada already permanent residents? yup you can submit those documents, may be that would help convince the officer that your mother won't stay here permanently.

most employers prefer those with recent experience. I guess that's how this visa officers think although it is not specifically stated in the employment requirements.