Getting a refusal from IRCC for Canadian visa can be disappointing, It seems that your dreams has been shattered, But wait there are Some measures you can take after a refusal. These steps vary from type of Visa you have applied for.
Canadian Embassy provides a letter with reasons as to why your application has been rejected!
Although most of the reasons are generic except some exceptions !!
Lets Discuss what can be done after refusal from Canadian Authorities !!
British Columbia held a draw on November 28, 2022 under Skills Immigration Stream in which invitations were issued to 336 candidates through the British Columbia Provincial Nominee Program. After NOC changes have been done, British Columbia conducted its first draw under this stream. The minimum score for this draw was between 60 and 105. The categories under which the invitations were issued are as follows:
Highlights of the Draw:
Details of the Draw:
November 23rd was the 11th Express Entry draw after all program draws were resumed on July 6, 2022. The CRS score has been steadily decreasing in recent draws, from 557 to 491 for the most recent draw.
IRCC (Immigration Refugees Citizenship Canada) sent 4,750 Invitations To Apply (ITA) for candidates who had a minimum Comprehensive Ranking System (CRS) 491. The draw did not have a specific program. In other words, invitations were sent to candidates from the Canadian Experience Class (CEC), the Federal Skilled Worker Program and the Federal Skilled Trades Program.
As the Express Entry pool backlog is processed, the CRS has been decreasing steadily with each draw. In the most recent draw, there was a 3 point decrease in CRS. The CRS score has been steadily decreasing as draws continue.
In the latest draw, 4,750 ITAs were also issued. The number of ITAs issued in the most recent draw was identical to that of the previous three draws. This is a reflection of the pre-pandemic levels of draw numbers.
Lebiz Canada is a Business Consultancy firm helping entrepreneurs or business owners to settle their business in Canada. We’re professional experts having financial advisors, lawyers and senior CPA’s in Canada. We assist our clients in navigating immigration pathways based on their profile and provide them easy and hassle free immigration services.
Migrating to a new country is exciting and no doubt a challenging task to do. There are plenty of questions that can arrive in your mind before taking such decision. Lebiz Canada is expert in providing end-to end support to their clients and creates a whole ecosystem for them to settle in Canada. We recommend you to choose a trusted and knowledgeable professional for your immigration dream who will guide you with secure immigration pathway and keep you informed throughout the process.
Ontario has announced a new Entrepreneur stream of Ontario Immigration Nomination Program. It’s a pilot program by the name ‘OINP Entrepreneur Success Initiative’. This program is aiming to invite 100 newcomers outside Toronto. The duration of this Piot program will be 2 years.
The OINP entrepreneur stream can be facilitated by the foreign entrepreneurs who are willing to buy an existing business or establish a new venture in Ontario.
The OINP Entrepreneur Success Initiative OINP-ESI will assist prospective foreign entrepreneurs prepare and submit applications to Entrepreneur Stream. The aim of the initiative is to draw and support 100 new applications. This program will be managed by TBDC (Toronto Business Development Centers). TBDC will be working to secure applications for the Entrepreneur Stream of the Ontario Immigration Nominee Program.
Entrepreneur Success Initiative (the new Entrepreneur Success Initiative) is an innovative program that helps entrepreneurs establishes businesses in communities outside of the Greater Toronto Area. These are the communities that fall under GTA.
Basic Eligibility Criteria for this Pilot Program
Below are the requirements one must keep in mind before applying under this program:
The Saskatchewan Immigrant Nominee Program (SINP) carried out an Entrepreneur draw on the 3rd of November. The draw on November 3 issued invitations to 55 candidates including the Expression of Interest (EOI) scores ranging between 85 and 120.
Start-up visa (SUV) is the most prominent business visa for Canada. It is facilitated by foreign entrepreneurs with unique business ideas and who are sponsored by venture capitalist, angle investors or business incubators. Entrepreneurs having innovative businesses as well as established start-ups might benefit from this program to obtain permanent residency (PR) in Canada. Through this scheme, up to five founding members of a start-up can be granted Canadian residence status.
As of 2021, ease of doing business in Canada ranked 23rd worldwide. The highest score were obtained in starting the business, trading across the borders and paying taxes.
Canada is the major hub in the search of new entrepreneurs who can generate employment for its citizens and can boost Canadian economy. Start-Up Visa was initially an experimental program for three years until it was made permanent on March 31 in 2018.
LMIA – Labour Market Impact Assessment is an official document required by the Canadian employer who is willing to hire a foreign employee. Any company who is hiring through the Temporary Foreign Worker Program needs to get a preapproval from government before accommodating international talent.
In this guide you will learn more about LMIA, requirements for its procedure, eligibility, certain exceptions and much more.
LMIA stands for Labour Market Impact Assessment. It is the preapproved government official document issued by Employment and Social Development Canada (ESDC) evaluating the effectiveness of recruiting the foreign immigrant on domestic employment market. If ESDC analyses that there isn’t any qualified Canadian citizen or permanent resident to fill that position, and there is a genuine requirement for that international employee, a Positive LMIA will be issued to the recruiter. A Negative LMIA indicates that a job must be taken by the Canadian Citizen or permanent resident.
Upon the approval of LMIA, the worker now will have to apply for a work visa to obtain a Canadian Work permit. Following are the documents required for Work visa application:
LMIA Requirements
There are 2 main streams under which an employer categorizes the worker:
| Province/Territory | Wages prior to April 30, 2022 | Wages as of April30, 2022 |
|---|---|---|
| Alberta | 27.28 | 28.85 |
| British Columbia | 25.00 | 26.44 |
| Manitoba | 21.60 | 23.00 |
| New Brunswick | 20.12 | 21.79 |
| Newfoundland and Labrador | 23.00 | 24.29 |
| Northwest Territories | 34.36 | 37.30 |
| Nova Scotia | 20.00 | 22.00 |
| Nunavut | 32.00 | 36.00 |
| Ontario | 24.04 | 26.06 |
| Prince Edward Island | 20.00 | 21.63 |
| Quebec | 23.08 | 25.00 |
| Saskatchewan | 24.55 | 25.96 |
| Yukon | 30.00 | 32.00 |
Eligibility Requirements for Employer
Average LMIA processing timelines
ESDC may take 10 business days to response or sometimes it can be extended up to few months. Canada is experiencing a huge number of LMIA cases in 2022. This may cause delays which is particularly evident within the Temporary Foreign Worker Program (TFWP)
| Application Type | Average processing time |
|---|---|
| Global talent stream | 9 business days |
| Agricultural stream | 15 business days |
| Seasonal agricultural worker program | 5 business days |
| Permanent residence stream | 22 business days |
| In-home caregivers | 24 business days |
| High-wage stream | 34 business days |
| Low-wage stream | 37 business days |
Lebiz Canada can help you with your LMIA pathway
Getting a LMIA can sometimes be very difficult and puzzling task if you are not having deep root knowledge of the program. Lebiz will help you obtain LMIA in an expedite manner with ease. There are multiple challenges while finding a job in Canada but we are here to help you with that. Our financial experts will give you full handholding throughout the process and will assist you for LMIA or TFWP application.
For more information on securing a LMIA work permit of Canada, speak to our senior financial experts and lawyers. They will help you choose best immigration pathway available according to your profile.
To encourage genuine and ample immigration applications, we are witnessing increasing Canadian immigration programs that provide an array of possibilities for individuals working in all sorts of occupations. The Self-Employed person program allows candidates to settle in Canada permanently as a self-employed person. Federal self-employed person program is accessible to skilled professionals at an elite level of arts, athletics or cultural status as well as other aspects.
Comparative to other immigration programs, this program is little less complicated and is flexible for those who are willing to settle in Canada while pursuing self-employment. The requirements of this particular program seem to be lenient. If you’re interested to apply under this category you must:
Besides these two basic requirements, applicants must also meet the eligibility criteria based on point system for Self-Employed Visa.
This point system is evaluated on the basis of applicant’s:
| SELECTION CRITERIA | MAXIMUM POINTS |
|---|---|
| Experience | 25 |
| Education | 35 |
| Age | 10 |
| Language abilities | 24 |
| Adaptability | 6 |
| Total | 100 |
EDUCATION (25 maximum points)
| Master’s Degree or Ph.D. and at least 17 years of full-time or full-time equivalent study | 25 points |
| Two or more university degrees at the bachelor’s level and at least 15 years of full-time or full-time equivalent study. | 22 points |
| Three-year diploma, trade certificate or apprenticeship and at least 15 years of full-time or full-time equivalent study. | 22 points |
| University degree of two years or more at the bachelor’s level and at least 14 years of full-time or full-time equivalent study. | 20 points |
| A two-year diploma, trade certificate or apprenticeship and at least 14 years of full-time or full-time equivalent study. | 20 points |
| One-year university degree at the bachelor’s level and at least 13 years of full-time or full-time equivalent study. | 15 points |
| One-year diploma, trade certificate or apprenticeship and at least 13 years of full-time or full-time equivalent study. | 15 points |
| One-year diploma, trade certificate or apprenticeship and at least 12 years of full-time or full-time equivalent study. | 12 points |
| Completed high school. | 5 points |
EXPERIENCE (35 maximum points)
| Two years of relevant experience | 20 points |
| Three years of relevant experience | 25 points |
| Four years of relevant experience | 30 points |
| Five years of relevant experience | 35 points |
AGE (10 maximum points)
| 16 or under | 0 points |
| 17 | 2 points |
| 18 | 4 Points |
| 19 | 6 points |
| 20 | 8 points |
| 21-49 | 10 points |
| 50 | 8 points |
| 51 | 6 points |
| 52 | 4 points |
| 53 | 2 points |
| 54+ | 0 points |
LANGUAGE ABILITIES – English or French (24 maximum points)
| First Official Language | Speaking | Listening | Reading | Writing |
|---|---|---|---|---|
| High | 4 | 4 | 4 | 4 |
| Moderate | 2 | 2 | 2 | 2 |
| Basic | 1 | 1 | 1 | 1 |
| None | 0 | 0 | 0 | 0 |
*Only a maximum of two points in total for basic proficiency
| Second Official Language | Speaking | Listening | Reading | Writing |
|---|---|---|---|---|
| High | 2 | 2 | 2 | 2 |
| Moderate | 2 | 2 | 2 | 2 |
| Basic | 1 | 1 | 1 | 1 |
| None | 0 | 0 | 0 | 0 |
ADAPTABILITY (6 maximum points)
These points are evaluated basis on your spouse or common law-partner’s level of education.
| Secondary school (high school) diploma or less | 0 points |
| A one-year diploma, trade certificate, apprenticeship, or university degree and at least 12 years of full-time or full-time equivalent studies | 3 points |
| A two or three-year diploma, trade certificate, apprenticeship, or university degree and at least 14 years of full-time or full-time equivalent studies | 4 points |
| poA master’s degree or PhD and at least 17 years of full-time or full-time equivalent studies | 5 points |
You may be awarded with some extra points if you’ve:
During the immigration process, the officer may ask you certain questions to explain doubtful information to get a deep insight on it. They may also ask you to submit your biometrics information.
Q1- WHAT IS LMIA?
Ans1- LMIA is short for labour market impact assessment. It is a type of document which an employer receives from ESDC – Economic and Social Development Canada, if they are intending to hire an international employee for a job position in their venture.
Q2- WHAT DOES A POSITIVE LMIA MEAN?
Ans2- A positive LMIA means that there is a genuine need for a foreign worker and there is no qualified Canadian citizen or permanent resident which is best suited for that job post.
Q3-WHO NEEDS LMIA?
Ans3- An employers who is looking to recruit a foreign worker needs to obtain a pre-approved LMIA document from government as a permission to hire that worker before he/she applies for a work permit.
Q4- WHY DO I HAVE TO GET A NEW LMIA IF I JUST GOT IT ONE YEAR AGO?
Ans4- Labour Market Impact Assessment (LMIA) is valid for a limited period of time. There is no such provision by the Canadian government to extend the duration of LMIA. The employer needs to obtain a new LMIA if they are willing to keep that worker for a longer period of time provided that there is still no Canadian citizen or permanent resident who can fulfil the requirements of the job.
Q5- Who is eligible for LMIA?
Ans5 – Almost every Canadian employer is eligible get a LMIA. But there are certain basic requirements which you need to meet if you are an employer:
Q6- WHO WILL PAY THE FEES OF LMIA?
Ans6- Employers has to pay the LMIA fees to ESDC. In some cases, they also tend to cover the costing of getting a work permit for their foreign worker.
Q7-HOW MANY POINTS I GET FOR LMIA UNDER EXPRESS ENTRY PROGRAM?
Ans7- After obtaining a successful LMIA from employer, a worker may be granted with 50 or 200 points under Comprehensive Ranking System (CRS) depending on the specific designation.
Q8- CAN I GET PR WITH LMIA?
Ans8- After completion of working for 12 months in Canada, you will be granted with 50 or 200 points which will enhance your CRS score. You can either apply under FWSP (Federal Skilled Worker Program), FSTP (Federal Skilled Trades Program) or CEC (Canadian Experience Class) of express entry program for permanent residency status.
Q9- DOES ENTREPRENEUR ALSO NEED LABOUR MARKET IMPACT ASSESSMENT?
Ans9- No. An entrepreneur can get a work permit to work in Canada without a LMIA. They can apply for work permit under different business visa programs in Canada proving that they are willing to do business or buy business in one of the Canada’s province.
Q10- HOW MANY LMIA’S CAN AN EMPLOYER GET?
Ans10- There is no perfect and accurate answer to this question. This depends on many factors. In some cases it is possible to get as many LMIA’s as employer wants. Due to fewer positions for skilled workers there is a limit for a low- skilled worker which a particular business can employ. Additionally there could be some restrictions because of regional unemployment levels.
Q11- CAN AN EMPLOYER TERMINATE A FOREIGN WORKER IF THEY ARE NOT WORKING?
Ans11- If an employer feels that the foreign worker is not an ideal fit for the job; they can dismiss that employee anytime in accordance with the laws of labour of that province. This will be employer duty to ensure that they notify the Service Canada of the date the foreign worker is no longer employed by them.
Q12-CAN AN INTERNATIONAL WORKER BE PROMOTED?
Ans12- No. The employer cannot promote the foreign worker using the same LMIA. When a LMIA is issued by ESDC, the work permit the receive has all the information provided like employer name, job position and the location of the work. If an employer wants to promote their foreign worker, they first need to get a new LMIA from ESDC with updated changes. Again, the employer need to provide sufficient proof that there were none qualified Canadian citizen best suited for that role.