My employer in Canada has a positive LMIA, but my Work Permit application was refused!
A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada may need to get before hiring a temporary foreign worker. A positive LMIA will show that there is a need for a foreign worker to fill the job. It will also show that no Canadian worker or permanent resident is available to do the job.
Often, a Canadian employer has successfully applied for and received an LMIA from the authorities. But the candidate or applicant, who is a foreign national, the employer wants to hire, is not approved for a Work Permit as a Temporary Foreign Worker (TFW) by Immigration Refugees, Citizenship Canada (IRCC).
First, let us understand the typical process. What does it actually take to get hired in Canada as a temporary foreign worker, if you are from a country that needs to have a visa and are not visa-exempt, to usually travel to Canada.
- Canadian employer will apply for and receive an LMIA to proceed.
- The Canadian employer will then forward that LMIA to the prospective employee, which is the applicant, along with relevant documentation.
- The applicant (candidate being outside Canada, a foreign national) will then apply for a work permit based on the LMIA provided by the employer. This can be done online.
- If the applicant is approved they will get a visa stamped on their passport by Canadian authorities, usually, candidates have to use Visa Application Centers in the country of residence, to send passports to Canadian authorities. Please note the work permit is not issued yet.
- The candidate will book the ticket and fly to Canada to start the new position as a Temporary Foreign Worker (TFW).
- On landing at an airport in Canada, their LMIA and other documents will be checked and a Work Permit will be printed at the airport and given to the candidate.
- Only when the candidate has the printed Work Permit, at the port of entry, they are now a Temporary Foreign Worker and it is usually the last step.
First, let us also understand an approved LMIA is not a sure-shot ticket to a Canadian work permit. We will look at some of the typical reasons why you can be refused a work permit by Immigration, Refugees, Citizenship Canada (IRCC), even with an approved LMIA.
- Qualification: You do not possess the skills to actually do the job you are going to take up in Canada. IRCC officers have to ensure your skills match for the job you are going to take up in Canada, if they feel there is a skills deficit, you could be refused.
- Intention: You may not leave Canada at the end of your work permit term. If the officer has a doubt you may not leave Canada after completing your term on the work permit you could be refused.
- Medical issues: The applicant has medical inadmissibility issues.
- Criminal issues: The applicant has criminal inadmissibility issues.
- Misrepresentation: Failure to answer truthfully, the information asked for on the application forms. If you do not disclose information truthfully, for example, of past refusals or any other information, you could be banned for a period of 5 years, if there is a finding of misrepresentation. It is always wise to answer all information accurately.
If you have any doubts it is always good to seek advice from a professional. The advice may not be free of cost, but it can go a long way in securing your future in Canada.
Need a hand with your application, contact us today. Turningstone Immigration Consulting is a full-service Immigration consultancy. Our services are provided by Certified Regulated Canadian Immigration Consultant (RCIC).
We deal in all types of immigration-related applications, like, Express Entry, Permanent Residence (PR) applications, Study Permits, Work Permits, PGWP, Visit Visa (Temporary Resident Visas), Super Visa, Family Sponsorships for PR Applications, Provincial Nominee Programs (PNP), Refusals of all application types and much more. Contact Us Today.