Hi
I came to Canada on Feb 2 2006. I submitted my application last November 2008. My boyfriend who is a refugee claimant proposed marriage. I called Canada Immigration three times to ask if Imarry my boyfriend, will it impact my immigration application? Canada Immigration told me it would not. So I got married in December 2008. I relied on the information I received from the Immigration Call Centre. However, I received a letter of refusal. What can I do?
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Listing your boyfriend as a dependent on your application for permanent residence may not have had anything to do with your refusal, unless he had a medical condition or criminal record. It may be the case that your immigration application was refused because of some issue with your own qualifications or how the application was prepared. You should also know that information you receive from the Immigration Call Centre should not be considered “legal advice”. You should always consult an immigration lawyer before proceeding.
The best course of action when there is an immigration refusal is to appeal the decision. There are dead lines to watch out for when appealing to either the Federal Court or Immigration Adjudication Division (IAD).
Any information provided here does not constitute legal advise and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.
I applied for a Work Permit, however, it was refused. The refusal letter states that I have not satisfied immigration that I will leave Canada by the end of the period authorized for my stay as I have not demonstrated strong ties to the Philippines.
But, the letter also says that if there is any significant new information, I am welcome to re-apply. Where possible, a different officer will be assessing the application.
I want to re-apply, but now I am unemployed. I resigned from my job last May, 2010. What do I need to prove this time when I re-apply for a Work Permit? What kinds of documents do I need to submit to prove ties to my home country? Should I be honest and indicate on the application form that I am currently unemployed?
Dear Nezireyes,
You must satisfy an officer that you will leave Canada at the end of your employment. To do this, you should demonstrate strong ties to your home country. Examples of documentation You may submit include any proof showing that you have immediate family members, investments, or permanent home in your home country. However, you should be able to find more detailed information about this from the website of the Canadian visa office in Manila, Philippines.
In addition, you must also submit proof of your employment in Canada (i.e. your job offer letter/contract) and proof that you meet the requirments of the job. You demonstrate this by including specific educational requirements or past work experience.
You also have to show that you are in good health and have enough money to maintain yourself in Canada.
Hope this helps.
Hi,
I just wanted to ask you about the current processing time for my Work Permit application. I sent my application package in February, 2010. They started processing my application on May, 2010. I think the process is taking far longer than the normal processing time and because of this delay all my documents have expired. However, I have not recieved any letter from them regarding my application package. How long is the current processing time for a Work Permit and what should I do?
Thank you.
Dear Sam,
The current processing time for a Work Permit submitted to an office inside Canada is 86 days. But, because it has been longer than this processing time since you applied, I would suggest that you contact the Call Centre. Call Centre agents cannot speed up the process for you but they will be able to look into the status of your application and help you find out what is going on.
Hope this helps.
Hi,
My PR application has been refused. The refusal letter I got on December 21, 2010 says this decision is final. Can we appeal?
Thank you.
Dear Tina,
When your application for permanent residence is refused, you may appeal this decision to the Immigration Appeal Division in Canada within 60 days of receiving the refusal. The Immigration Appeal Division will hold a hearing where they consider humanitarian and compassionate grounds as well as new documentation and submissions in support of your appeal.
Hope this helps.
Hi,
I have applied for Permanent Residency in Canada(Quebec-Montreal Province) and I have already did my medical test and have been sbmitted. I have also submitted my police check for me and my husband, but on my husband police check there is mention of him that he was in possession of heroin and he got to pay a fine, this is dated since 4 years back now, but still it does appear on his police check. I want to know if this is going to affect my procedures now since I got 2 kids and have completed 90% of the procedures.
Please advice, thanks
Hi ,
I have appliede my case under 4131 NOC for P.R of canada under vocational instructor/Trainer. But I was refused 2 times. I would like to make a successful application this time. What do I have to do?
Regards
Monica
Dear Monica,
The key aspect of a successful LMO application is that your employer is unable to fill the position with a qualified Canadian applicant. In order to prove this, your employer will have to demonstrate that they have made an effort to recruit Canadians to the position by posting an ad on the Canadian government’s official job website (i.e. Job Bank). Further, you need to demonstrate in a persuasive manner why you are the best candidate for the job considering the nature of the business and position and your background credentials.
If you were refused twice in the past, I recommend that you consult with a qualified immigration lawyer to review your case and prepare a successful application this time.
Thank you.
Hi,
My Federal Skilled Worker application (as a physician) was refused on April 1, 2012. I scored 65/100. should I appeal the decision? If so, what are the cost and time frame involved in an appeal procedure?
I was refused because the officer didn’t award five points in Adaptability (for close relatives residing in Canada). But, I did send a copy of their PR Cards, driver’s licenses, health cards etc. The only thing I did not submit was their utility bills.
Also, the visa office was not convinced that I will be economically established in Canada. But, I submitted my bank account statements with $30,000.00 CAD!
What do I do?
Dear H,
I am very sorry to hear that your application was refused.
To appeal your case, you must appeal within sixty (60) days from the date on which you were notified of or otherwise became aware of the denial.
However, please note that not every case has the merits of being appealed and the cost and the timeframe involved in an appeal procedure can be significant. Because the points awarded to you were so close to the pass mark, you might make a good case for filing a Judicial Review to Federal Court. However, to better advise you on this, I would require much more information from you regarding you and your case background.
Even without appealing your case, you may still re-submit your application. There may be a number of legal options that an experienced immigration lawyer can pursue to turn a refusal into a positive decision. I suggest that you consult with an experienced immigration lawyer with more detailed information regarding your case to better assess what options you may have at this point.
Please note that there is a new regulation change that will likely be introduced soon for the Federal Skilled Worker category. The new regulations will likely place a priority on a specific professional occupation, such as physicians and have the applications from physicians processed first. As this is your intended occupation, it might be better for you to re-apply rather than appealing.
To properly address your concerns and better assess your options, I strongly recommend that you consult with an experienced immigration lawyer as soon as possible in order to meet the strict filing deadlines.
Hope this helps.
Hi, i am currently on post graduate work permit and i just have a year and 1 month left. today i got a 1 yer contract job that might be renewed a the end of the 1 year if funds are received from the government.My question is can i use the1year contract job which is under NOC 4212 to apply for PR under the federal skilled worker category or i can’t use a contract job to apply for PR? thank you in advance
Hello Jaci
Thank you for your post. You have to show you have one year of experience prior to applying for PR under the Skilled Worker Category. Just showing a one year contract for future work will not be accepted.
Hi, I would really appreciate your help regarding my case. I am a student. I applied for my PR under the skilled worker stream, and I have completed my medical exam. Five months later I got married and I informed CIC about it, and also I added my spouse to my application by sending them the appropriate documents. The visa office replied back stating that they understand that I wanted to add my spouse to my file. After a month I then receive an email that states that I must make a new application for my spouse and sponsor her!! even though I am not a permanent resident!! I really dont understand the office decision and would really appreciate your feedback! Can I appeal againest that decision?
Hello Mike
That seems like a strange letter! You should be able to include your spouse on your application provided you add her on time before it is approved. Not sure what happened there. If your case is still pending there may be a way to get her added as a dependent. If you case is finalized it may be too late and you would have to formally sponsor her as a spouse but that would be an unusual result. I would look into this more deeply
Michael
Hi,
Can I use a 1year contract full-time job to apply under the skilled category-provincial Nominee prog in Alberta after working for at least 6 months or must it be permanent full-time?
The agency i work for starts all new employees on a 1 year contract and makes employees permanent after 1 yr.
Would you suggest i ask my employer for a letter stating their hiring process so that i can attached it to my PNP application? BTW, my job is under NOC 4212. Thank you
Hi Chiomsi
This may make sense. We would have to look at this case in more detail to be sure. Let us know if you wish us to represent you for this one.
Best
Michael
Hello,
I received a letter that my CEC PR application has been refused.
I applied under the post grad stream(schooled in canada as a foreign national for 4yrs, obtained post graduate work permit for 3 years and then after working for a 16 months, I applied for CEC PR in June 2012)
I would like to know if I can re-apply.
However, I have sent in an application for an extension of my work permit(the new bridge open work permitwork permit )which is supposed to expire in 3 months.My SIN card and visa all expire in 3 months time.
Is it possible to apply for a study permit when I receive my new work permit so that I can go back to school.
Thank you and looking forward to hearing from you.
Have a great day.
Hello Esther
I am sorry that your CEC PR Application was refused. You may be able to re-apply but we would have to look into your case in more detail.
Regarding a study permit, it looks like it may be possible but again, this case has to be looked at more deeply.
Best
Michael Niren
I am under live in. cage over program applied for PR in July 2010 and I have received an initial approval for it, it said that even my family members who are here and backhome are qualified the CIC asked me to apply for a restoration of my child’s visit visa but she was refused and said that she has to leave canada immediately, my minor child is here studying with no status, what should I do, will her case affect our Permanent residency application? Please do advice me. What can I do to her case.
Hello Hazel
That is a tricky situation you are in. The restoration application has to be submitted within 90 days of an overstay. Was it?
I would suggest speaking to an immigration lawyer directly for this. You can book an appointment with us if you wish online here:
http://www.visaplace.com/book-appointment-online
Regards
Michael Niren
Hi Michael, I found your answer very useful. My brother who lives in Regina had applied for his PR April 2012 and he also submitted his Medical. But it has been over 13 months and he still did not get any reply. Do you know why there is that much delay. I live in England so I can’t really him but your answer may be able to help us.
Hello PK
Thank you for the kind words. Your brother has been waiting a long time. Sometimes medicals and criminal background checks take many many months to process causing long delays. At our office we get involved in these cases start taking a very long time. It is important to follow up.
Best
Michael