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Lmia exempt refused to a pnp nominee waiting for PR

Mrunlucky

Newbie
Sep 2, 2019
4
0
Dear @legalfalcon @scylla @Bryanna @canuck78 and all highly valuable members , I would like your opinion on this post .
I have applied for my PR after getting nominated by ontario in noc6322 as a cook with 3 years experience and I came to my homecountry to visit and my lawyer applied my work permit with everything (including job offer letter through portal , pnp certificate , AOR for PR ETC )
SURPRISINGLY I got refusal on the base of

• You were not able to demonstrate that you will be able to adequately perform the work you seek.

Which doesnt make sense to me since I used to work at same place for 3 years and i have all the experience letters ,t4s etc . I am clearly eligible to work because i got nominated from my emoloyer for pnp as a cook , please give your advice , have already applied for reconsideration because my lawyer told me I meet the criteria of closed work permit lmia exempt based as i also have employer restrictions and the same employer also sent the job offer letter through online portal .
Thanks and have a great day..
 
Last edited:

scylla

VIP Member
Jun 8, 2010
93,130
20,630
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Dear @legalfalcon @scylla @Bryanna @canuck78 and all highly valuable members , I would like your opinion on this post .
I have applied for my PR in october 2018 after getting nominated by ontario in noc6322 as a cook with 3 years experience and I came to my homecountry to visit and my lawyer applied my work permit with everything (including job offer letter through portal , pnp certificate , AOR for PR ETC )
SURPRISINGLY I got refusal on the base of

• You were not able to demonstrate that you will be able to adequately perform the work you seek.

Which doesnt make sense to me since I used to work at same place for 3 years and i have all the experience letters ,t4s etc . I am clearly eligible to work because i got nominated from my emoloyer for pnp as a cook , please give your advice , have already applied for reconsideration because my lawyer told me I meet the criteria of closed work permit lmia exempt based as i also have employer restrictions and the same employer also sent the job offer letter through online portal .
Thanks and have a great day.
I thought this refusal reason was related to the previous eduction / work experience you have that make you qualified to do this job. But I could be wrong...
 
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Reactions: Mrunlucky

jes_ON

VIP Member
Jun 22, 2009
12,092
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
Dear @legalfalcon @scylla @Bryanna @canuck78 and all highly valuable members , I would like your opinion on this post .
I have applied for my PR after getting nominated by ontario in noc6322 as a cook with 3 years experience and I came to my homecountry to visit and my lawyer applied my work permit with everything (including job offer letter through portal , pnp certificate , AOR for PR ETC )
SURPRISINGLY I got refusal on the base of

• You were not able to demonstrate that you will be able to adequately perform the work you seek.

Which doesnt make sense to me since I used to work at same place for 3 years and i have all the experience letters ,t4s etc . I am clearly eligible to work because i got nominated from my emoloyer for pnp as a cook , please give your advice , have already applied for reconsideration because my lawyer told me I meet the criteria of closed work permit lmia exempt based as i also have employer restrictions and the same employer also sent the job offer letter through online portal .
Thanks and have a great day..
Sorry, I find the above very confusing. You applied for both PR and a work permit, which was refused?

Can you be more specific about which PR program you applied through? Was it the traditional paper-based PNP application? (if so, what stream)? Was it an express entry application with the Human Capital Priorities Stream nomination?

IF it was express entry, under which program - CEC? FST? What was the NOC of your primary occupation?
Are you sure there was no typo anywhere claiming NOC 6321?

It is possible that the VO made a mistake, but there´s not enough info above to draw any conclusions...
 

Mrunlucky

Newbie
Sep 2, 2019
4
0
@jes_ON I'm sorry it was for work permit extension (pgwp almost expired November 28 )that i applied out of canada from my local visa office as I went to see my family also processing time was shorter too (6 weeks ) , I guess I should have just applied it in canada , I meet all conditions for 204(c) for the work permit regulations .

APPLIED (PR- OINP, NOC- 6322 as I'm a cook by profession (3years fulltime experience + part time during CULINARY MANAGEMENT -2 YEARS college in Ontario ) AR -OCTOBER 2018

Refused - work permit (lmia exempt , PR in progress - Many people who applied for PR in October 2018 are getting PPR)

LMIA exemption code
Canada-provincial/territorial T13


nomination from a province or territory for permanent residence and is employed or has a job offer from an employer based in that province may be issued a work permit without requiring an LMIA.

In order for this provision to be applied, the application for the work permit must include the following:

  • the offer of employment and proof the employer has paid the employer compliance fee
  • a copy of the nomination letter from the provincial or territorial government that confirms that the foreign national has been nominated for permanent residence by the province (if the nomination is expired, a copy of the acknowledgement letter confirming that IRCC received the permanent residence application while the nomination was still valid)
  • a statement from the province that it has determined that all factors required for the issuance of a work permit under paragraph R204(c) as per its agreement with Canada have been met, identifying the occupation and employer information. The required factors include
    • that the nominated individual is urgently required by the provincial-based employer who has made the foreign national a job offer in that province or territory (it should be noted that self-employed persons are therefore not eligible for this type of work permit, given the lack of employer-employee relationship)
    • that the job offer is genuine and the job offer will create economic benefits or opportunities
    • that the employment is not part-time or seasonal
    • that the wages and working conditions of the employment would be sufficient to attract and retain Canadian citizen
and I am currently emplyoed at the job and i was confident I would get it , its like a little shock
I will likely hear back about reconideration or an answer in about 2 weeks , my lawyer added.
Hoping for the best.
Thanks for your time.
 
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RSBOMB

Member
Dec 9, 2019
14
0
if I have job offer and province nomination but when I am applying for online based work permit and there is one form imm1295 which is asking me for kind of visa you are applying, when I select LMIA exempt it further ask me for the LMIA exempt number which is not required in my case this is what my employer said. Now is there any way I can proceed without LMIA exempt number. Employer told me to fill T13 in that column but when I am filling it. Form is saying the number should start from the 'A'.

What should I do now?