Hi,
I came to Toronto, Canada on Apr 21, 2019 as website developer (NOC code -2175 Skill level A) on 2 years LMIA based work permit under global talent stream. My employer in Canada hired some lawyer for my case. I have family (wife, son & daughter) back in India. Now After 4 months, I hired the same lawyer in Canada after discussing the case to bring my family here so as long I am here in Canada, we will stay together. Lawyer applied open work permit for my wife, study permit for my son (almost 6 years old) and visitor visa for my daughter (almost 3 years old). Lawyer submitted the application on Aug 20, 2019 with the required documents with cover letter. My wife gave biomertric on Aug 22, 2019. But we got denial letter on Sep 09, 2019 with following reasons:
For my wife:
I am refusing your application on the following grounds:
• Eligibility for a work permit in this category only applies to the spouse or common-law partner of a work permit holder who is doing work that is at a level that falls within National Occupational Classification (NOC) skill levels 0, A or B.
• You have not adequately demonstrated that you meet the requirements of a spousal open work permit pursuant to section 205(c)(ii) of the Regulations.
You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your situation meets the requirements. All new applications must be accompanied by a new processing fee.
For son:
I am refusing your application on the following grounds:
• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on the purpose of your visit.
You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your situation meets the requirements. All new applications must be accompanied by a new processing fee.
For Daughter:
I am refusing your application on the following grounds:
• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on the purpose of your visit.
You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your situation meets the requirements. All new applications must be accompanied by a new processing fee.
As per my wife denial, they mentioned my job in Canada is not in NOC skill level A. But lawyer clearly mentioned this in the cover letter and we submitted my work permit copy with actual application.
So on Sep 10, 2019, my lawyer replied with below to
delhi@international.gc.ca
TO PROGRAM MANAGER, NEW DELHI:
Dear Sir or Madam:
I am the lawyer of record for the above matter. Duly executed IMM5476s were provided with the initial applications submitted by Ms. Amanpreet Kaur (the “Dependent Spouse”), Mr. Gurditpreet Singh (the “Dependent Son”), and Ms. Taqdeer Kaur (the “Dependent Daughter”).
The Dependent Spouse, Dependent Son, and Dependent Daughter are the dependent family members of Mr. Inderpreet Singh (the “Principal Applicant”). The Principal applicant received a Temporary Resident Visa (“TRV”) from your post on March 6, 2019, based on a Labour Market Impact Assessment issued under the Global Talent Stream. He received his work permit, as an E-Commerce Website Developer (NOC 2175), on April 22, 2019. Copies of the Principal Applicant’s passport page, TRV, and work permit were included with the above applications but are also attached to this email.
The Dependent Spouse, Dependent Son, and Dependent Daughter were unable to apply at the same time as the Principal Applicant but they will now follow to join the Principal Applicant who is already working in Canada pursuant to his work permit:
· The Dependent Spouse applied for an open spousal work permit based on her spousal relationship to the Principal Applicant.
· The Dependent Son applied for an open study permit based on his parent-child relationship with the Principal Applicant, so he could attend primary school.
· The Dependent Daughter applied for a TRV based on her parent-child relationship with the Principal Applicant, since she is currently too young to attend primary school.
The above applications were denied today; copies of the denial notices are attached to this email.
With respect, based on the documents provided, the evidence provided does not support the denial of these applications:
· The reason stated for the Dependent Spouse’s denial was that we have not proven she was the spouse of a temporary foreign worker in NOA 0, A, or B. However, a copy the Principal Applicant’s approved work permit as an E-Commerce Website Developer (NOC 2175) was included with the application; NOC 2175 is clearly Skill Level A. In addition, a copy of the Dependent Spouse’s Marriage Certificate (confirming her spousal relationship to the Principal Applicant) was included in the initial application; it is again attached to this email. Therefore, there was no reasonable basis for denying the Dependent Spouse’s application.
· The Dependent Son’s parent-child relationship to the Principal Applicant was established with his birth certificate; a copy was included in the initial application but is also attached to this email. The Dependent Son was denied because the consular officer was not satisfied that he would leave Canada at the end of his stay as a temporary resident. However, it is highly irregular (and unreasonable) to deny the open study permit application of a minor child, with no prior history of immigration violations, who is following to join a temporary foreign worker.
· The Dependent Daughter’s parent-child relationship to the Principal Applicant was established with her birth certificate; a copy was included in the initial application but is also attached to this email. The Dependent Daughter was denied because the consular officer was not satisfied that she would leave Canada at the end of her stay as a temporary resident. However, it is highly irregular (and unreasonable) to deny the TRV application of a minor child, with no prior history of immigration violations, who is following to join a temporary foreign worker.
In summary, there was no reasonable basis for the consular officer to deny the above applications based on the evidence provided. We therefore ask you to reconsider the above denials based on all evidence that was provided with the initial applications.
I look forward to hearing from you.
-----------------------------------------------------
And next day on Sep 11, 2019, he sent another email to christopher.kerr@international.gc.ca
Dear Mr. Kerr:
I sent this email to the general inquiries email address for the Canadian High Commission in New Delhi yesterday because I was unable to track down your email address until this morning. In case the team responsible for monitoring the general inquiries email address has not yet forwarded this to you, I am now sending my previous email directly to you now.
As you can see, there appears to have been a misunderstanding regarding what documentation was included with the Dependent Spouse’s application. Relevant evidence was clearly provided in the initial application but appears to have been overlooked.
In addition, the study permit application filed by the Dependent Son and the TRV application filed by the Dependent Daughter appear to have been adjudicated as standalone applications, rather than as applications filed by dependent minor children of a temporary foreign worker. They were apparently denied based on a finding that they might not return to their home country at the end of their period of authorized stay - I have rarely seen this ground cited for dependent minor children (who have no prior history of immigration violations) of a temporary foreign worker who is already working in Canada.
I respectfully request that you reconsider these denials. Thank you in advance for any assistance that you can provide to resolve this matter. I look forward to hearing from you.
After that, we didn't get any reply from the visa office. From my side, I also submitted the web form on Sep 20, 2019 to ask for status.
But still no reply.
Do we need to wait and how much time we need to wait??
Or is there any other way to contact them so we know what is the current status of the application??
Thanks.
I came to Toronto, Canada on Apr 21, 2019 as website developer (NOC code -2175 Skill level A) on 2 years LMIA based work permit under global talent stream. My employer in Canada hired some lawyer for my case. I have family (wife, son & daughter) back in India. Now After 4 months, I hired the same lawyer in Canada after discussing the case to bring my family here so as long I am here in Canada, we will stay together. Lawyer applied open work permit for my wife, study permit for my son (almost 6 years old) and visitor visa for my daughter (almost 3 years old). Lawyer submitted the application on Aug 20, 2019 with the required documents with cover letter. My wife gave biomertric on Aug 22, 2019. But we got denial letter on Sep 09, 2019 with following reasons:
For my wife:
I am refusing your application on the following grounds:
• Eligibility for a work permit in this category only applies to the spouse or common-law partner of a work permit holder who is doing work that is at a level that falls within National Occupational Classification (NOC) skill levels 0, A or B.
• You have not adequately demonstrated that you meet the requirements of a spousal open work permit pursuant to section 205(c)(ii) of the Regulations.
You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your situation meets the requirements. All new applications must be accompanied by a new processing fee.
For son:
I am refusing your application on the following grounds:
• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on the purpose of your visit.
You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your situation meets the requirements. All new applications must be accompanied by a new processing fee.
For Daughter:
I am refusing your application on the following grounds:
• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on the purpose of your visit.
You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your situation meets the requirements. All new applications must be accompanied by a new processing fee.
As per my wife denial, they mentioned my job in Canada is not in NOC skill level A. But lawyer clearly mentioned this in the cover letter and we submitted my work permit copy with actual application.
So on Sep 10, 2019, my lawyer replied with below to
delhi@international.gc.ca
TO PROGRAM MANAGER, NEW DELHI:
Dear Sir or Madam:
I am the lawyer of record for the above matter. Duly executed IMM5476s were provided with the initial applications submitted by Ms. Amanpreet Kaur (the “Dependent Spouse”), Mr. Gurditpreet Singh (the “Dependent Son”), and Ms. Taqdeer Kaur (the “Dependent Daughter”).
The Dependent Spouse, Dependent Son, and Dependent Daughter are the dependent family members of Mr. Inderpreet Singh (the “Principal Applicant”). The Principal applicant received a Temporary Resident Visa (“TRV”) from your post on March 6, 2019, based on a Labour Market Impact Assessment issued under the Global Talent Stream. He received his work permit, as an E-Commerce Website Developer (NOC 2175), on April 22, 2019. Copies of the Principal Applicant’s passport page, TRV, and work permit were included with the above applications but are also attached to this email.
The Dependent Spouse, Dependent Son, and Dependent Daughter were unable to apply at the same time as the Principal Applicant but they will now follow to join the Principal Applicant who is already working in Canada pursuant to his work permit:
· The Dependent Spouse applied for an open spousal work permit based on her spousal relationship to the Principal Applicant.
· The Dependent Son applied for an open study permit based on his parent-child relationship with the Principal Applicant, so he could attend primary school.
· The Dependent Daughter applied for a TRV based on her parent-child relationship with the Principal Applicant, since she is currently too young to attend primary school.
The above applications were denied today; copies of the denial notices are attached to this email.
With respect, based on the documents provided, the evidence provided does not support the denial of these applications:
· The reason stated for the Dependent Spouse’s denial was that we have not proven she was the spouse of a temporary foreign worker in NOA 0, A, or B. However, a copy the Principal Applicant’s approved work permit as an E-Commerce Website Developer (NOC 2175) was included with the application; NOC 2175 is clearly Skill Level A. In addition, a copy of the Dependent Spouse’s Marriage Certificate (confirming her spousal relationship to the Principal Applicant) was included in the initial application; it is again attached to this email. Therefore, there was no reasonable basis for denying the Dependent Spouse’s application.
· The Dependent Son’s parent-child relationship to the Principal Applicant was established with his birth certificate; a copy was included in the initial application but is also attached to this email. The Dependent Son was denied because the consular officer was not satisfied that he would leave Canada at the end of his stay as a temporary resident. However, it is highly irregular (and unreasonable) to deny the open study permit application of a minor child, with no prior history of immigration violations, who is following to join a temporary foreign worker.
· The Dependent Daughter’s parent-child relationship to the Principal Applicant was established with her birth certificate; a copy was included in the initial application but is also attached to this email. The Dependent Daughter was denied because the consular officer was not satisfied that she would leave Canada at the end of her stay as a temporary resident. However, it is highly irregular (and unreasonable) to deny the TRV application of a minor child, with no prior history of immigration violations, who is following to join a temporary foreign worker.
In summary, there was no reasonable basis for the consular officer to deny the above applications based on the evidence provided. We therefore ask you to reconsider the above denials based on all evidence that was provided with the initial applications.
I look forward to hearing from you.
-----------------------------------------------------
And next day on Sep 11, 2019, he sent another email to christopher.kerr@international.gc.ca
Dear Mr. Kerr:
I sent this email to the general inquiries email address for the Canadian High Commission in New Delhi yesterday because I was unable to track down your email address until this morning. In case the team responsible for monitoring the general inquiries email address has not yet forwarded this to you, I am now sending my previous email directly to you now.
As you can see, there appears to have been a misunderstanding regarding what documentation was included with the Dependent Spouse’s application. Relevant evidence was clearly provided in the initial application but appears to have been overlooked.
In addition, the study permit application filed by the Dependent Son and the TRV application filed by the Dependent Daughter appear to have been adjudicated as standalone applications, rather than as applications filed by dependent minor children of a temporary foreign worker. They were apparently denied based on a finding that they might not return to their home country at the end of their period of authorized stay - I have rarely seen this ground cited for dependent minor children (who have no prior history of immigration violations) of a temporary foreign worker who is already working in Canada.
I respectfully request that you reconsider these denials. Thank you in advance for any assistance that you can provide to resolve this matter. I look forward to hearing from you.
After that, we didn't get any reply from the visa office. From my side, I also submitted the web form on Sep 20, 2019 to ask for status.
But still no reply.
Do we need to wait and how much time we need to wait??
Or is there any other way to contact them so we know what is the current status of the application??
Thanks.
