OWP rejected, reasons :

[massichat]

"
• You have not proven to me that you can avail yourself of the exceptions in section 186 of the Immigration and Refugee Protection Regulations that may exempt you from a work permit or that your employment in Canada is provided for in the exceptions cited in section 203 of the Regulations. As a result, your job offer must be subject to a determination of the economic effect before a work permit can be issued to you. Your employer in Canada should contact the local office of the Department of Human Resources and Skills Development Canada to begin this process.
• I am not convinced that the job offer is genuine.
• I am not convinced that you meet the criteria of the C14 program.
"

Yet, I sent them everything, the job offer (which is genuine and still valid), the job offer number, the employer filled out all the forms and paid the fees, published the offer ...
I do not think I can do anything, nor do better to meet their requirements, they could have contacted or summoned the employer, they would have had all the guarantees.
So disappointing...

 

[scylla]

"
• You have not proven to me that you can avail yourself of the exceptions in section 186 of the Immigration and Refugee Protection Regulations that may exempt you from a work permit or that your employment in Canada is provided for in the exceptions cited in section 203 of the Regulations. As a result, your job offer must be subject to a determination of the economic effect before a work permit can be issued to you. Your employer in Canada should contact the local office of the Department of Human Resources and Skills Development Canada to begin this process.
• I am not convinced that the job offer is genuine.
• I am not convinced that you meet the criteria of the C14 program.
"

Yet, I sent them everything, the job offer (which is genuine and still valid), the job offer number, the employer filled out all the forms and paid the fees, published the offer ...
I do not think I can do anything, nor do better to meet their requirements, they could have contacted or summoned the employer, they would have had all the guarantees.
So disappointing...

On what basis did you apply for the open work permit? Under which rule do you qualify for an OWP?

 

[massichat]

On what basis did you apply for the open work permit? Under which rule do you qualify for an OWP?

I have a job offer for a new TV channel, I would have held a position related to audio-visual production (I am a composer, music producer and graphic designer), we have signed a two-year employment contract.

 

[canuck_in_uk]

I have a job offer for a new TV channel, I would have held a position related to audio-visual production (I am a composer, music producer and graphic designer), we have signed a two-year employment contract.

That doesn't answer scylla's question. OWPs are issued only in very specific and limited situations. What situation do you think qualifies you for an OWP?

 

[massichat]

That doesn't answer scylla's question. OWPs are issued only in very specific and limited situations. What situation do you think qualifies you for an OWP?

I do not know, I applied online, answered the online questionnaire and my answers qualified me at the OWP

 

[canuck_in_uk]

I do not know, I applied online, answered the online questionnaire and my answers qualified me at the OWP

You answered something wrong. Nothing you have said indicates that you qualify for an OWP. The employer needs an LMIA.

 

[massichat]

You answered something wrong. Nothing you have said indicates that you qualify for an OWP. The employer needs an LMIA.

No, my job offer is exempt from an LMIA

 

[scylla]

No, my job offer is exempt from an LMIA

I think your main issue is in the refusal letter - IRCC doesn't feel the job offer is genuine. I would order your GCMS notes to see the detailed refusal reasons. You may have to submit additional documents when you reapply to demonstrate that the job is real (e.g. documents of incorporation for the company, tax returns, income statements, etc.).

 

[Copingwithlife]

As Scylla mentioned ask your employer for a copy of his article of incorporation. This would be like the birth certificate for the company, issued either by the province or by Industry Canada if they incorporated on the Federal Level. If this was a brand new company, and they are hiring employees, then they MUST have created a payroll account, the account whereby the company submits all deductions off the employees paycheques to the CRA. When companies are incorporated they are assigned a BN/Business Number. Ask your employer for his nine digit BN, the two letter designation for a corporation would be RC example 123456789RC0001. The same for his payroll account, 123456789RP0001. Ask your employer for copies of his T2 return, as well as reports showing he has been consistent on remitting all required monies to the Government, AND filing all required returns If he has a My Business Account, he can go online and print out copies of said information, if not, call the CRA and request copies of above to be mailed out. If they have not been remitting deductions this is a red flag if they are offering employment to individuals
Have a question though, are you going to be an employee, or on contract ? On contract is where you will be invoicing the company for services performed, or an employee where you will be remitting CPP/EI Federal tax off your pay cheque ?
Some companies will have individuals on contract to avoid paying employment deductions, even though they are performing all functions as an employee

 

[massichat]

Thank you very much Scylla and Copingwithlife for your explanations, but where am I going to put all this information? Because I had to compress as much extra files as possible (my contracts, my banking information ...) to be able to upload them in the "other information" box

Would not it be better to apply for a tourist visa and hire an immigration agent in Canada to do things neatly or is there a strong risk of a visa refusal if I apply ?

 

[Bryanna]

Thank you very much Scylla and Copingwithlife for your explanations, but where am I going to put all this information? Because I had to compress as much extra files as possible (my contracts, my banking information ...) to be able to upload them in the "other information" box

Would not it be better to apply for a tourist visa and hire an immigration agent in Canada to do things neatly or is there a strong risk of a visa refusal if I apply ?

1. The visa officer does not believe that your job offer meets the requirements for the LMIA exemption code C14. In other words, your job would require an approved LMIA.

2. The bigger concern is whether or not you have a genuine job offer. We see a number of fake/scam job offers these days where applicants have been cheated for money by "employers". How were you contacted for this job? Did you have a face-to-face interview?

3. Reapplying as a tourist would only indicate your desperation to enter Canada by any visa category. This would raise red flags whether you are a genuine applicant or not.

4. Immigration agents will only prepare your application. There's no guarantee of a visa approval

 

[scylla]

Would not it be better to apply for a tourist visa and hire an immigration agent in Canada to do things neatly or is there a strong risk of a visa refusal if I apply ?

No - it won't be better. As Bryanna has said, high chance of refusal.

Plus, to be approved for a work permit you need to show ties to your home country generally to show you are only coming to Canada temporarily. Difficult to do this if you are already in Canada.

If you want to reapply for the work permit, strengthen your application and apply from your home country. You can compress / zip the files.

 

[massichat]

1. The visa officer does not believe that your job offer meets the requirements for the LMIA exemption code C14. In other words, your job would require an approved LMIA.

2. The bigger concern is whether or not you have a genuine job offer. We see a number of fake/scam job offers these days where applicants have been cheated for money by "employers". How were you contacted for this job? Did you have a face-to-face interview?

3. Reapplying as a tourist would only indicate your desperation to enter Canada by any visa category. This would raise red flags whether you are a genuine applicant or not.

4. Immigration agents will only prepare your application. There's no guarantee of a visa approval

1.No I checked, my work is exempted from the LMIA, I give you the text I filled (me & my employer) in French, I do not know how to translate without making a mistake, but if you do not understand, I'll see with a friend to translate it :
"
-Titre de la dispense de l'EIMT demandée :
Intérêts du Canada : Avantage important - R205(a)
-Code de la dispense de l'EIMT :
C10
-En quoi l'emploi répond-il aux critères applicables à la dispense demandée?
Télévision / Cinéma Personnel essentiel R 205 (a)
-Titre du poste :
Responsable graphique et sonore
-Code de la classification nationale des professions (CNP) :
5131

2. No, it's a real offer, not a fake, I personally know the manager, I helped him (remote work) to create this channel (volunteer), I even designed the logo and some video-opener and instrumental music. So when the TV started, he insisted on hiring me, it's not a scam, I do not pay anything, it's even he who paid the costs of the publication of the offer on the portal (I think that's how they do in Canada).
Yes, we had a face to face, he came to my home, I am looking to continue my career in Scandinavia, Eastern or Central Europe, so it was excluded for me to go to France or Canada, but he convinced me because we are activists for a common cause, he needs me and I have no doubt about his sincerity.

3.Yes, that's what I thought

4.Yes I know, but the proximity with the agent and the employer will allow me to minimize mistakes, I'm not very good at administration, my employer has already recruited and brought emplyés (his old TV channel) but it was years ago, the whole process changed from what he told me, that's why I thought if I was in Canada (near the agent and my employer), that will give me more chance to prepare a file without mistakes.

 

[massichat]

No - it won't be better. As Bryanna has said, high chance of refusal.

Plus, to be approved for a work permit you need to show ties to your home country generally to show you are only coming to Canada temporarily. Difficult to do this if you are already in Canada.

If you want to reapply for the work permit, strengthen your application and apply from your home country. You can compress / zip the files.

I do not think I have the courage to reapply, 3 months of waiting plus non-refundable fees, it is really abused, especially to add two or three documents, it would have been more correct to call me or the employer for a interview or ask us for more documents / proofs, but redo all the process from scratch and pay fees that I already paid, I could not do it again, it's too hard.

 

[scylla]

I do not think I have the courage to reapply, 3 months of waiting plus non-refundable fees, it is really abused, especially to add two or three documents, it would have been more correct to call me or the employer for a interview or ask us for more documents / proofs, but redo all the process from scratch and pay fees that I already paid, I could not do it again, it's too hard.

Sounds like your choice is made.