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Proving you meet the requirements of prospective employment

vness

Full Member
Apr 18, 2016
21
1
Hey there,

Firstly - I'm writing on behalf of a family member that was just refused a work permit for the following "generic" reason:You were not able to demonstrate that you adequately meet the job requirements of your prospective
employment.

I am hoping someone here, as many of you seem quite schooled on this, can help me interpret and give advice on re-applying!

It is for a motorcycle mechanic position in a large /established dealership. Positive LMIA specifically for the applicant, positive CAQ.

We submitted, resume, reference letters from his previous and current employer (15+ years of experience), and job offer. There is no need for formal training or schooling for this field of work, only a high school diploma, which he has.

The immigration officer contacted the applicant by phone for an interview,(in Spanish) and asked if he speaks English or French, to which he replied a very little - he was asked his name in English and replied and another question he did not understand.

I am assuming he was denied based on not speaking English or French (which is not a requirement for the job) however the LMIA says English or French and this is by default I am assuming, because the position DOES not require any languae skills.....The employer is fully aware of his limited command of English and plans on finding him language courses when he is here.

SO my question to all or any of you is: Can you be denied a work permit for not speaking English or French? AND is a letter from the employer stating that he knows the applicants limited ability to speak Eng/French and that it is NOT necessary for the job?!

As a side note - he already holds a TRV, has been traveling to Canada since 2007, never overstayed.

Thanks so much for any help / advice!!
 

scylla

VIP Member
Jun 8, 2010
93,178
20,656
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
Yes - you can certainly be denied for having limited English/French language abilities.
 

vness

Full Member
Apr 18, 2016
21
1
Thanks for your quick reply!

Even if the position/employer doesn't require it?!

Is there anyway around this?
 

scylla

VIP Member
Jun 8, 2010
93,178
20,656
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
vness said:
Thanks for your quick reply!

Even if the position/employer doesn't require it?!

Is there anyway around this?
Yes - even if the position/employer doesn't require it. (See the link below for more information.) The way around this is for the applicant to learn English well enough to pass a verbal interview and be able to hold a basic conversation in English (or French).

http://www.cic.gc.ca/english/resources/tools/temp/work/admissibility/lang.asp
 

Jinkajinka

Member
Jun 15, 2017
16
0
Help! I also have the same situation and same reason and Got refused. I'm applying for a work permit as a home support worker, And I finish caregiving course and I graduated with bachelors degree and psychology. I also took first aid training and IELTS with a band score 6..

Then i check on my caregiver credentials, I noticed that My TOR has an error, the school put the wrong date of admission making it look confusing to the visa officer that I did not finish a full course.. because they put the wrong date...

And also they Go check on my Social security contributions are all updated even when I'm still studying the caregiver course.. maybe they thought that I did not took my caregiver training full time and still work at the same time... the truth is I took a study leave and I'm paying my social security voluntarily during my studies..

My problem is.. how can i correct those things and make them believe that I am qualified.. I'll do appreciate your response...

Thank u
 

scylla

VIP Member
Jun 8, 2010
93,178
20,656
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
Was your caregiver course at least six months of full time studies? When did you complete it?
 

Jinkajinka

Member
Jun 15, 2017
16
0
Actually my school runs seven months caregiver training .. i started june 2015-march 2016
They my TOR says i started aug 27-march 2016..they made an error.. can i ask the school to write letter saying that they did make a mistake and correct it?
 

scylla

VIP Member
Jun 8, 2010
93,178
20,656
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
Actually my school runs seven months caregiver training .. i started june 2015-march 2016
They my TOR says i started aug 27-march 2016..they made an error.. can i ask the school to write letter saying that they did make a mistake and correct it?
Full time studies or part time studies?