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Tamaupogi

Star Member
Mar 7, 2023
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Hello everyone,

My girlfriend's work LMIA work permit was refused this week. Reasons are summarized below:
- She was asked to provide all paystubs and bank statements reflecting these payments for all employers declared in her application. However, some of these paystubs either do not reflect in her bank statements, or they were deposited before payment date (ex. paystub of $1,000 dated as of September 30, but deposited on September 23). As per the IRCC officer, she failed to provide an explanation for this.
- She is currently living in Southern Ontario and provided her driver's license as proof of address, but her LMIA employer is located in New Brunswick. "The client has failed to provide an explanation as to how they plan to live in XXXXX, Ontario and work in XXXXX, New Brunswick.". To us, this does not make sense since she has been living in Southern Ontario for the last 3 years (through another LMIA work permit), and she could easily move to New Brunswick if she was approved.
- The employer's address is a residential duplex home, and not a reasonable business address. "I am not satisfied that the company is genuine as client has failed to provide evidence that the company is actively engaged... and has a physical work location."
- Her CLB is level 5, and her application was for a receptionist. "Based on the information provided, I am not satisfied that the client currently demonstrates the language proficiency required to effectively work as a receptionist."
- "The client has not demonstrated sufficient family, employment, or educational commitments in their home country to satisfy me that they would leave Canada at the end of their authorized stay."
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Also, her previous LMIA work permit expired on October 2024, she applied for an extension days before expiration, was refused on January 2025, and applied for this receptionist LMIA work permit in February along with restoration status. Although the restoration status was approved, she no longer has valid status after this recent refusal and must leave Canada soon as per the refusal letter.

Me, I am a PGWP holder, have 2.5 years remaining, and plan to learn French soon (I have made much progress and feel confident in getting NCLC 7 in a few months) to get enough points for a CEC or French draw. We have been a couple for 1.5 years with extensive evidence of our relationship and its genuineness. We are even in marriage talks. She will return to her home country in a few days, but plans to come back in a few months so we can get married in Canada and thus apply together for PR through Express Entry.

Given her recent refusal, how problematic would it be to apply for PR together? Am I personally better off to apply single, and later sponsor her? Would she have trouble reentering Canada in a few months? Needless to say, our relationship is truly strong and genuine, and we have no other immigration concerns. Thanks everyone for your time and help!
 
Once married, add her as accompanying. If you have enough points you will both get PR at the same time. If she has a TRV, she can re-enter but CBSA may ask why she is returning if she can no longer work. She will want to show that she has money to support herself.
 
Wouldn't her LMIA refusal with extensive reasons affect our PR application, or even raise a red flag? Maybe even the fact of marriage a few months after refusal?
 
Wouldn't her LMIA refusal with extensive reasons affect our PR application, or even raise a red flag? Maybe even the fact of marriage a few months after refusal?
I’d be more concerned that she’s here without status , being told explicitly that she has to leave , going to her country , returning to Canada , and voila getting married

You don’t think that’s a red flag ?

Her LMIA application screams as being paid for aka fraudulent .
They have CLB 5 and was going to work in a customer facing position? Seriously ?

  • Speaking: Can join small group chats, use common vocabulary, and talk about familiar topics (hobbies, work, weekend plans) but with pauses and some errors that might hinder understanding.
  • Listening: Understands main ideas but needs clear, slower speech; struggles with complex or fast conversations.
  • Reading: Gets the gist of short, routine texts but not complex ones.
  • Writing: Can write short notes or emails on familiar topics with simple grammar but makes mistakes and struggles with complex structures.
Let’s not forget it sounds like they put in a fraudulent work extension just for the hell if it to give them more time

And you’re asking if there could be any red flags ? You’re being serious. ?
 
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So she has an order to leave but then leaves to turn around and return to Canada and get married. That is a lot of red flags. Does she have a valid TRV to return?
 
I understand all the context behind her LMIA refusal and how many red flags were raised. However, what I want to know is really what are the odds of both of us being granted PR if we apply together through CEC with 541 points (score already accounting for being married to her).

My point is, there are as many red flags (LMIA refusal, possible marriage a few months after refusal) as green flags (1.5 years together, no other refusals for her, me applying through CEC having a clean immigration record). Will her past LMIA refusal have much weight on a future PR application? Also, she comes from an eTA eligible country, so yes she has a valid eTA.
 
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I understand all the context behind her LMIA refusal and how many red flags were raised. However, what I want to know is really what are the odds of both of us being granted PR if we apply together through CEC with 541 points (score already accounting for being married to her).

My point is, there are as many red flags (LMIA refusal, possible marriage a few months after refusal) as green flags (1.5 years together, no other refusals for her, me applying through CEC having a clean immigration record). Will her past LMIA refusal have much weight on a future PR application? Also, she comes from an eTA eligible country, so yes she has a valid eTA.
“Also, she comes from an eTA eligible country, so yes she has a valid eTA.”

That doesn’t give them carte Blanche entry . It has to do with her being allowed ENTRY into the country . You’re jumping the gun about future PR applications

You can always apply . Nothing stops the VO officer from going ahead and approving or saying “ No I don’t think this relationship is genuine “
They caused a lot of this on their own . Fake work extension, dubious LMIA to say the least , then wanting to fly out and fly back . They need to reset their ties to THEIR COUNTRY. Canada isn’t their country .

Do you live together ?

Btw ETA can be cancelled if the government feels they are being abused
 
We have lived together last year but not currently, we have proof for this (bills, bank statements). So, @Copingwithlife pls give me your most honest suggestion as to what's best to do if we really want to continue our lives together and in Canada. I know the refusal/marriage timing gives a bad impression, but we had even talked about marriage before this happened. Thanks!