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Urgent, please help, refused work permit - officer error

scylla

VIP Member
Jun 8, 2010
93,609
20,917
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
I have got refusal on basis that Job offer is not genuine whereas it has approved by ESDC canada and I have also cross checked it from the department.
please advise what should I do now?
Provide the full text of the refusal you received from IRCC.

Who is your employer in Canada? You should post the full job offer here.

What do you mean by "I have also cross checked it from the department"?
 

Prettyheart05

Full Member
Oct 19, 2023
21
0
Hi i applied work permit through my spouse who is PR in canada not through LMIA, still i got refusal saying this
After considering all the circumstances of your case, your application for a work permit cannot be approved as requested as per section R203 of the Immigration and Refugee Protection Regulations. You do not possess a valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada. Your prospective employer is responsible for obtaining this confirmation.

what can i do to resolve this.
They also suggested to apply for restoration as i am on visitor visa here in canada.
 

scylla

VIP Member
Jun 8, 2010
93,609
20,917
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
Hi i applied for work permit on spousal basis not through LMIA but still i got refusal saying this
After considering all the circumstances of your case, your application for a work permit cannot be approved as requested as per section R203 of the Immigration and Refugee Protection Regulations. You do not possess a valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada. Your prospective employer is responsible for obtaining this confirmation.
what can i do next to resolve this.
they also suggest me to apply for restoration as im on visitor visa here in canada.
What evidence did you provide about your spouse in your application.

Yes, you should apply to restore your status as soon as possible to a visa record.
 
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Prettyheart05

Full Member
Oct 19, 2023
21
0
What evidence did you provide about your spouse in your application.

Yes, you should apply to restore your status as soon as possible to a visa record.
We have provided my husband bank account details
My education background
My ITR
Our marriage photographs
My visitor visa stamp
Passports
Husband’s PR card
All the documents which are required were there still got refusal on the basis of LMIA through which i have not applied.
Please suggest is this a mistake by an officer n what should i do next after restoration.
 

scylla

VIP Member
Jun 8, 2010
93,609
20,917
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
We have provided my husband bank account details
My education background
My ITR
Our marriage photographs
My visitor visa stamp
Passports
Husband’s PR card
All the documents which are required were there still got refusal on the basis of LMIA through which i have not applied.
Please suggest is this a mistake by an officer n what should i do next after restoration.
So your husband is already a PR? If so, has he already sponsored you for PR through the spousal sponsorship program and have you received AOR?
 
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Prettyheart05

Full Member
Oct 19, 2023
21
0
So your husband is already a PR? If so, has he already sponsored you for PR through the spousal sponsorship program and have you received AOR?
Yes he’s already a PR but we just applied visitor visa first on which basis im in canada n then we applied for work permit as its processing time is less as compared to PR . No he has not sponsored me PR through spousal sponsorship program.
Is this the reason of work permit refusal that we have not applied directly for PR through sponsored spousal program. The reason they have given is related to LMIA which i have not applied through.
 
Last edited:

scylla

VIP Member
Jun 8, 2010
93,609
20,917
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 he’s already a PR but we just applied visitor visa first on which basis im in canada n then we applied for work permit as its processing time is less as compared to PR . No he has not sponsored me PR through spousal sponsorship program.
Is this the reason of work permit refusal that we have not applied directly for PR through sponsored spousal program. The reason they have given is related to LMIA which i have not applied through.
In that case you don't qualify for an open work permit. You were correctly refused. You won't qualify for an open work permit until you husband submits the sponsorship application and you have received AOR which takes around two months after you submit the application.
 

Prettyheart05

Full Member
Oct 19, 2023
21
0
In that case you don't qualify for an open work permit. You were correctly refused. You won't qualify for an open work permit until you husband submits the sponsorship application and you have received AOR which takes around two months after you submit the application.
So what’s the next step we can go for …
Apply for restoration n then for PR sponsor spouse application
 

scylla

VIP Member
Jun 8, 2010
93,609
20,917
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
So what’s the next step we can go for …
Apply for restoration n then for PR sponsor spouse application
Apply to restore your status to a visitor record asap and also work to submit the spousal sponsorship application.
 

Prettyheart05

Full Member
Oct 19, 2023
21
0
Apply to restore your status to a visitor record asap and also work to submit the spousal sponsorship application.
Okay Thank you soo much for ur guidance.
To submit sponsorship application we have to wait for restoration result or we can apply simultaneously both the applications.
 

scylla

VIP Member
Jun 8, 2010
93,609
20,917
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
Okay Thank you soo much for ur guidance.
To submit sponsorship application we have to wait for restoration result or we can apply simultaneously both the applications.
Questions like this are best posted in the family sponsorship section of the forum.
 
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Reactions: Prettyheart05

scylla

VIP Member
Jun 8, 2010
93,609
20,917
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