Refused: please help: Arranged offer, skilled worker 2014

[ukichiko]

Dear All,

need your help and information, thanks for sharing!
I applied as a "Counter Manager" at the BAY counter, have offer of employment from them, and work on PGWP.
My application was returned as unacceptable, saying this:

"you are not eligible for processing in this category for the following reason(s):

The Minister of Citizenship and Immigration issued Instructions which were published in the Canada Gazette on May 4, 2013. Only applicants who meet the criteria specified in these Ministerial Instructions are eligible to be processed in the Federal Skilled Worker class.

The type of work permit you hold does not meet the requirements of Regulation 82(2)a or the exemption requirements of Regulation 82(2)b of the Immigration and Refugee Protection Act (IRPA). You are working in Canada in a job that is exempt from a Labour Market Opinion, but not under an international or federal-provincial agreement. The work permit you hold is based on Post Graduate Work Program which is not an acceptable LMO Exemptions for arranged employment.

Since you did not provide evidence that you have work experience in the listed occupations, or, evidence that you are a candidate under the Ph. D stream, you do not meet the requirements of the Ministerial Instructions and your application is not eligible for processing.

Note: Any reference to work experience in a NOC code other than those identified by the Minister of Citizenship and Immigration and published in the Canada Gazette on May 4, 2013 is not assessed for eligibility under Ministerial Instructions. "

My questions are: 1) why ask for LMO if they say I am Labour Market Opinion exception.
2) how am I not eligible being not one of the occupations on the list if I have arranged employment in the NOC skill "O"?

Please help, my work permit expires in less than a year...
Also, what do I ask them/how do I correct them if I write a letter?

Thanks so much,

Julia

 

[scylla]

The requirements under arranged employment can be found here:

http://www.cic.gc.ca/english/immigrate/skilled/apply-who-instructions.asp?expand=arranged#arranged

You need an approved LMO to apply. And yes - I understand that you currently have a work permit that is LMO exempt. However to apply for FSW through the arranged employment offer stream, your employer needs to obtain an approved LMO.

Without an approved LMO your application won't be approved.

 

[Hope1957]

Hi ukichiko,

When did you apply and when was your application returned? Was your application returned to you or did you receive a refusal letter?

You can also look into applying for your PR under CEC or under your province's nominee program.

Dear All,

need your help and information, thanks for sharing!
I applied as a "Counter Manager" at the BAY counter, have offer of employment from them, and work on PGWP.
My application was returned as unacceptable, saying this:

"you are not eligible for processing in this category for the following reason(s):

The Minister of Citizenship and Immigration issued Instructions which were published in the Canada Gazette on May 4, 2013. Only applicants who meet the criteria specified in these Ministerial Instructions are eligible to be processed in the Federal Skilled Worker class.

The type of work permit you hold does not meet the requirements of Regulation 82(2)a or the exemption requirements of Regulation 82(2)b of the Immigration and Refugee Protection Act (IRPA). You are working in Canada in a job that is exempt from a Labour Market Opinion, but not under an international or federal-provincial agreement. The work permit you hold is based on Post Graduate Work Program which is not an acceptable LMO Exemptions for arranged employment.

Since you did not provide evidence that you have work experience in the listed occupations, or, evidence that you are a candidate under the Ph. D stream, you do not meet the requirements of the Ministerial Instructions and your application is not eligible for processing.

Note: Any reference to work experience in a NOC code other than those identified by the Minister of Citizenship and Immigration and published in the Canada Gazette on May 4, 2013 is not assessed for eligibility under Ministerial Instructions. "

My questions are: 1) why ask for LMO if they say I am Labour Market Opinion exception.
2) how am I not eligible being not one of the occupations on the list if I have arranged employment in the NOC skill "O"?

Please help, my work permit expires in less than a year...
Also, what do I ask them/how do I correct them if I write a letter?

Thanks so much,

Julia

 

[ukichiko]

Hi,

My application was refused, I guess, by the Sydney Office. I received the email and they said that the fee will be refunded too.
Couple things I am still not getting:
1) how would my employer get the approved LMO.
2) Why did they say my job does not meet the requirements if the job description clearly matches the one of the 0 or A class...

Thanks a lot,

Julia

 

[scylla]

1) http://www.cic.gc.ca/english/work/employers/lmo-basics.asp
2) Your job doens't meet the requirements to apply without an LMO. This is what CIC is saying.

 

[Hope1957]

ukichiko,

If you still have about a year left on your work permit, I'd suggest you start considering other PR options like CEC or PNP. If you live in Ontario, PNP is going to be a difficult option and you may want to consider moving to another province (to the west like Alberta, Manitoba or Saskatchewan) that has a less difficult PNP.

Good luck!

Hi,

My application was refused, I guess, by the Sydney Office. I received the email and they said that the fee will be refunded too.
Couple things I am still not getting:
1) how would my employer get the approved LMO.
2) Why did they say my job does not meet the requirements if the job description clearly matches the one of the 0 or A class...

Thanks a lot,

Julia

 

[ukichiko]

Thank you, Hope!

I actually live in BC and just asked my employer if they could provide me with the support letter. I also verified with BC PNP that they don't need to show recruitment efforts as I am in the international student stream and just need a full-time offer... I really hope they would help me.
As for experience class, my only worry is: I don't have enough time for bridging my work permit (would be applying mid-november and PGWP expires Jan.10. As they allow you to bridge the permit only after receiving the letter looks like it's going to be a huge risk.

Thanks again,

Julia

ukichiko,

If you still have about a year left on your work permit, I'd suggest you start considering other PR options like CEC or PNP. If you live in Ontario, PNP is going to be a difficult option and you may want to consider moving to another province (to the west like Alberta, Manitoba or Saskatchewan) that has a less difficult PNP.

Good luck!

 

[msaeed]

Dear All,


Thanks so much,

Julia

Dear Julia

Hire a competent lawyer
David Cohen , is the best choice

Stay Blessed

 

[ukichiko]

:Something to add: when would they send me my application from the Sydney centre? when would I get it? I am worried about all those original documents as it will be a hell to redo them...

 

[msaeed]

:Something to add: when would they send me my application from the Sydney centre? when would I get it? I am worried about all those original documents as it will be a hell to redo them...

Dear Julia

Do not waste time on base less issues. Contact lawyer , and file your petition for review

This is only important issue at this time
Under all circumstances you will get your originals back , most important is re-opening of your case for review

Stay Blessed

 

[gilmerfamily]

Dear All,

need your help and information, thanks for sharing!
I applied as a "Counter Manager" at the BAY counter, have offer of employment from them, and work on PGWP.
My application was returned as unacceptable, saying this:

"you are not eligible for processing in this category for the following reason(s):

The Minister of Citizenship and Immigration issued Instructions which were published in the Canada Gazette on May 4, 2013. Only applicants who meet the criteria specified in these Ministerial Instructions are eligible to be processed in the Federal Skilled Worker class.

The type of work permit you hold does not meet the requirements of Regulation 82(2)a or the exemption requirements of Regulation 82(2)b of the Immigration and Refugee Protection Act (IRPA). You are working in Canada in a job that is exempt from a Labour Market Opinion, but not under an international or federal-provincial agreement. The work permit you hold is based on Post Graduate Work Program which is not an acceptable LMO Exemptions for arranged employment.

Since you did not provide evidence that you have work experience in the listed occupations, or, evidence that you are a candidate under the Ph. D stream, you do not meet the requirements of the Ministerial Instructions and your application is not eligible for processing.

Note: Any reference to work experience in a NOC code other than those identified by the Minister of Citizenship and Immigration and published in the Canada Gazette on May 4, 2013 is not assessed for eligibility under Ministerial Instructions. "

My questions are: 1) why ask for LMO if they say I am Labour Market Opinion exception.
2) how am I not eligible being not one of the occupations on the list if I have arranged employment in the NOC skill "O"?

Please help, my work permit expires in less than a year...
Also, what do I ask them/how do I correct them if I write a letter?

Thanks so much,

Julia

Take it from scylla... I agree with her.

 

[Hope1957]

Please read this and check if you qualify for a BOWP

http://www.cic.gc.ca/english/resources/manuals/bulletins/2013/ob485A.asp

You are not going to get back your original application, so I suggest that you start gathering documents that you require for your new immigration application and start all over again.

On a separate note, are you sure that you do not qualify for CEC?

http://www.cic.gc.ca/english/immigrate/cec/apply-who.asp

Good luck!

Thank you, Hope!

I actually live in BC and just asked my employer if they could provide me with the support letter. I also verified with BC PNP that they don't need to show recruitment efforts as I am in the international student stream and just need a full-time offer... I really hope they would help me.
As for experience class, my only worry is: I don't have enough time for bridging my work permit (would be applying mid-november and PGWP expires Jan.10. As they allow you to bridge the permit only after receiving the letter looks like it's going to be a huge risk.

Thanks again,

Julia

 

[securer]

I have almost the same issue.. I apply for QSW but I have a job offer from saskatchewan. Should I accept the offer or wait for my qsw? my file was prioritised due to haiyan. please advise

 

[Hope1957]

Please check Saskatchewan's PNP for more information. If I am not mistaken, it takes longer to qualify for a Saskatchewan PNP. You are better off asking this question on the Provincial Nominee Forum.

Good luck!

I have almost the same issue.. I apply for QSW but I have a job offer from saskatchewan. Should I accept the offer or wait for my qsw? my file was prioritised due to haiyan. please advise

 

[Hope1957]

Ukichiko,

Can you please tell me if you paid via credit card or money order for your application?

Thanks