Please help **** I keep getting my visa rejected

[vkshar]

I travelled to Canada once on a single entry business visa and came back even before the said period. This happened in 2013 Sep and in 2015 my company tried to get me a Work permit thru International mobility program. This visa got rejected saying that i have to go thru LMIA. Now, again my company tried to file a multiple entry and it got rejected saying the nature of work requires an work permit.

My situation from the start is I work in a RPO company to my parent company in US and Canada. This RPO company has contracts for the last 8 years and have been successful in running the business. Also, i am worried will this 2 times Refusal be in effect if i apply for any other country visa - like singapore or US etc.. Please guide me the correct path.

 

[scylla]

CIC has already answered your question. You need an approved LMIA and work permit to travel to Canada and undertake this work. So if your company cannot secure an approved LMIA, then unfortunately coming to Canada to work isn't an option.

 

[vkshar]

But i am only trying to get a multiple entry Business visa..

 

[sokosan]

Yes, but CIC has concluded that what you said you want to do in Canada is not just a business visit, but work which requires a work permit, and therefore in your case a LMIA.

There is a fine line sometimes between travelling for business - and working. For the first case, you only need a visitor visa (TRV), for the second, you also need a work permit.

For example, if you are going to Canada just for a meeting with your Canadian business partners (or your superiors if your company has a parent company in Canada), for this a TRV is obviously fine and you do not need a work permit.

On the other hand, if your parent company is calling you to do actual work - like spend a month in Canada doing work in the office of the parent company, like any other employee in Canada, this obviously requires a work permit.

However there are many grey areas in between. For example, the parent company and your company have a joint project and something is not working - there is a problem on the Canadian side (e.g. software malfunction, machine malfunction). You want to come to Canada to assess the problem. When do you cross the line from just having a meeting, i.e. talking to your counterparts and looking at things, discussing, to actually doing work, i.e. sitting down in Canada to fix the problem? It's not clear.

When you do your application for the visa, you have to make it clear to CIC that you are NOT going to Canada for work, if you don't want to go through the process of a LMIA and a work permit. Therefore look carefully at what you wrote.

Also, if you do get your visa, at the border, never say "I'm here to work for the parent company of my employer" - you will be denied entry (and maybe, even worse than that). You should say things like "I am here for a meeting" or something like that.

Of course, I am saying this assuming you really want to come to Canada for things which do not require a work permit, but you were not clear in your visa application. Doing work in Canada without a work permit is ILLEGAL. You should NEVER EVER work with just visitor status, even if you are here on business. If your employer or parent company want you to do actual work in Canada, you MUST have a work permit.

 

[vkshar]

@ sokosan - thank you for the detailed email and a clear example. My motive is only to do meetings and fix things up so that the engine runs smooth. I am into recruitment and there are some issues which came up with some of our consultants. My meeting with them is to solve the issue and get things straight. The refusal being just 3 days old, would you suggest that we re apply (as they said) immediately quoting some meetings... Please advice.