IMM5669 - question 6 d)

[andrew-brit]

Hello.

I had an open work permit from June 2011 - June 2013 and worked for the same company during this time.

From June 2013 - January 2014 I was outside Canada, during which time my Canadian employer from above applied to get me a Labor Market Opinion. Turns out there were some mistakes made by my company/their legal team, and I was not receiving the correct pay, so Service Canada refused the application.

Now in form IMM5669 question 6 d) it asks

have you ever been refused refugee status, an immigrant or permanent resident visa (including a Certificat de Quebec (CSQ) or application to the Provincial Nominee Program) or visitor or temporary resident visa, to Canada or any other country?

Now, do I say yes? Technically the LMO is not a visa, it is needed to get me a work permit but I am unsure. Also, can anyone tell me what they mean by a temporary resident visa? Do you just mean a visitor visa?

 

[PF]

Hello.

I had an open work permit from June 2011 - June 2013 and worked for the same company during this time.

From June 2013 - January 2014 I was outside Canada, during which time my Canadian employer from above applied to get me a Labor Market Opinion. Turns out there were some mistakes made by my company/their legal team, and I was not receiving the correct pay, so Service Canada refused the application.

Now in form IMM5669 question 6 d) it asks

Now, do I say yes? Technically the LMO is not a visa, it is needed to get me a work permit but I am unsure. Also, can anyone tell me what they mean by a temporary resident visa? Do you just mean a visitor visa?

If in doubt, add a supplementary sheet explaining the above circumstance.

A temporary resident visa (TRV) is any visa that gives you temporary residence in a country - work permit, study permit, visitors permit (if you are bot visa exempt).

 

[lellen]

Actually, a temporary resident visa (TRV) is only a document in your passport that allows you to ENTER Canada. A study permit, work permit or visitor record is what gives you temporary resident status.

You weren't refused a Visa, you were refused an LMO. I don't think you were even refused the work permit. The Visa is only to enter the country, so because you never even applied for a Visa, it was never denied... if you have doubts you can always explain your situation in the application, but I would answer NO to this question.

 

[lellen]

(by the way, if you're from the UK you're even visa exempt so you don't even need a Visa to enter Canada).

 

[andrew-brit]

Thanks for your reply.

When you say it gives you temporary residence, do you mean any length of time? The LMO my employer applied for was valid for 2 years, is that classed as a TRV?

If I tick Yes, does that mean I become inadmissible? Obviously I want to tick the truthful box, but not sure how this will affect my chances.

 

[lellen]

You won't become inadmissible if you say Yes. They just want to know the context and circumstances. If you lie, though, then you'd be inadmissible.

The LMO is not related at all to CIC, or to any resident status you have. The LMO would be given to your employer, not to you. So they denied the LMO to your employer. A TRV is something you would apply for directly to a Visa Office outside of Canada, asking them for permission to let you enter Canada. A positive LMO would have given you permission to apply for a work permit (temporary resident status), which you never did.

Temporary residence can be given for any length of time, depending on circumstances. If your employer had gotten a positive LMO, and because of this you had applied for a Work Permit, they would've given you a work permit for the length of time you requested, I guess two years. But you never applied for it, right? And you never applied for a Visa either, right? So you were never refused entry.

 

[andrew-brit]

Okay thank you for that, lellen