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LMIA Refused because officer changed NOC code. Should I try to appeal?

JohnDobski

Full Member
Jul 24, 2016
33
1
Hi,

First of all let me introduce myself. I have been living in Canada for over 8 years. Originally I finished high school, and full time degree in university here. After graduating from uni I got post grad work permit. For over a year, I have been working in managerial position, managing recreational facility for children. Unfortunately, despite the fact that I have near perfect english test score (celpip 12,12,10,10) I only got 444 points which is not enough to stay under either CEC or FSWP (although otherwise I qualify). The provincial program is unfortunately stopped at the moment (they reached their quota until further notice), and my work permit expires in august.

The business owners were very pleased with my job, so they agreed to submit an lmia application. They followed all the steps in the application process including doing that rigorous advertising. The application was for the leisure manager, which fit the description since we were recreational destination for the children and the noc code description fit the job description the most.

After the submission, the service canada officer contacted my employers and asked some questions about the job description and transition plan. Apparently she was not sure if the noc code was best but option and that the facility manager was a better fit. My employers explained that there is already a facility manager and that it wasnt part of my job what a facility manager would do. In fact I would normally call the property leasing company to get in contact with the facility manager to sort out some issues like broken a/c or request a copy of the lease agreement etc.

Few days later they sent in the rejection letter. They changed the Noc code to facility manager and rejected it based on: not sufficient salary (facility managers get higher median wage, wrong advertising etc). To me it seems completely insane. Does it make sense to appeal it? Email back? Go to court? My permit expires very soon so I am not sure what to do.

Thank you.
 

scylla

VIP Member
Jun 8, 2010
93,376
20,744
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
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There is no formal appeal process for refused LMIAs. However your employer can try contacting them to see if there's any chance they may reconsider the application. I believe the number is 1-800-367-5693. Your employer is the one who must do this (not you). It may also be possible to contact them via email to request the same (not sure about that - but again, this is something your employer will need to do). Good luck.