Refusal Entry // options

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Raul_Rincon

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Refusal Entry // options
« on: April 17, 2015, 02:06:50 PM »
Hi, I was given a multiple entry visitor visa two weeks ago, this past Monday I went to Vancouver and the immigration officer took my phone away from me, got into my Facebook and they read conversations of me and my girlfriend (who is a Canadian citizen)  talking about working under the table if something went wrong during my visit in Canada since I was thinking to stay 4 or 5 months, but it was not my intention and it was just a conversation, of course I understand they were doing their job and it seemed like I was going to do it but that wasn't the case, anyway they sent me back to Mexico and told me that I can actually appeal for this and that if I want to apply for one of the immigration programs this doesn't affect, so, I want to apply for the federal skilled trades program since my ex employer in Canada is strongly willing to hire me and go through the process to do so, I was wondering, how much you recommend me to appeal this refusal entry? (I heard it's complicated and expensive) Is this refusal going to prejudice my application through the Federal skilled trades program? do you know if I am still on time to apply for it or it's already closed?

I would be really grateful if you could give me some help with this.

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Riley Haas

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Re: Refusal Entry // options
« Reply #1 on: April 20, 2015, 09:12:54 AM »
Hi Raul,
Sorry to hear about that. We've never actually heard a story like that before, ourselves (though I'm sure it happens more often than we think). Why were they looking at your phone?

We would suggest getting the job offer, the LMIA and then applying for either a temporary work permit or, as you said, Skilled Trades (through Express Entry), provided you qualify. Express Entry (which encompasses Skilled Trades) is a points system and time limits are relative to when you first enroll with the system.

We don't recommend appealing as this shouldn't affect your ability to immigrate to Canada. You haven't done anything wrong, you just got caught discussing it. In theory, this shouldn't affect your immigration to Canada. (Had you been caught working illegally in Canada, that would be another story.)

Hope this helps.

Riley

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Raul_Rincon

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Re: Refusal Entry // options
« Reply #2 on: April 20, 2015, 06:18:35 PM »
Thank you so very much for replying, this is actually so very helpful to me. So they took my phone away because I told them I wanted to stay for 5 months in Canada with my girlfriend and they thought it was weird that a 23 years old guy could afford that, of course I told them the truth  that my father was paying for everything and that I had to come back to Mexico to do the certification exam in order to get my bachelor degree in Culinary Arts (which is actually the truth) but anyway I happened to be sent back to Mexico, they even made me pay for my flight back when according to me they should have paid for it (actually I wanna ask them for my money because  I am almost sure they had to pay for it, but I don't know how) as I said, before I left Canada they told me I should apply for one of their immigration programs since this refusal has nothing to do with immigrating (as you yourself said it , I haven't done anything illegal).
Now I have been looking in the website ( http://www.cic.gc.ca/ ) and I think the best program for me is the "federal skilled trades program"since the "federal skilled workers" asks me to have a degree and even though I just finished a 4 years bachelor program in culinary arts, I don't have the degree yet, I just have a Diploma, so hopefully I can get an invitation from Express entry with what I have.
so I have a couple of more questions, I would really appreciate if you were so kind and could give me some information: 

1.- My ex employer in Canada is totally willing to do what is needed to hire me so we can say that I have a job offer, now she has to get the Labour Marketing Opinion, then post a job offer in three different websites and if no one in Canada meets the requirements she asks for, then she can hire me, am I right? is there something else she has to do?

2.- I have read that I have to have two years work experience ( 3120 hours in total) in the area I wanna work in Canada, so my ex employer wants to hire me as chef and bartender, I have more than 6 years working in restaurants, unfortunately I never thought I would need to prove this so I don't really have a way to prove it, I was wondering, I worked 6 months in Canada (full time/ I have payment checks) 3 months in Unites States (full time/ I have my contract and payment check), several internships in Mexico and Europe (you already told me it does not count because I didn't get any payment), my mom owed a restaurant for 7 years and I worked there (I have nothing to prove this but the ownership documentation from my mom) and I also worked in the house of the governor of my state as personal cook, my question is: I didn't keep any payment checks from this job but since I was being paid from the government, if I get a letter from them saying how long I worked for them, my duties and stuff, can it count as work experience for this program?

3.- I still have to do the IELTS exam to prove my English level and my employer still has to get the labour marketing opinion and stuff, somebody told me that the federal skilled trades program closes its applications on April 30th, is that true? do I actually have just 10 days to do this? in case that it is, what about the " temporary work permit " is it the same process to get one? am I still on time to apply for one of these? what do you recommend to do?

I will have no way to thank you if you can give me some information about my situation, I really wanna immigrate to Canada and I wanna get to work in this as soon as possible, thank you so very much in advance for your time.

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Riley Haas

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Re: Refusal Entry // options
« Reply #3 on: April 21, 2015, 08:46:15 AM »
Hi Raul,
Thanks for the further explanation.

Just to let you know, a "degree", "diploma" or "certificate" are often used synonomously, and what matters is the length of the program, the area of study and the institution itself, not the type of certificate awarded. FYI.

1. You are correct except that now LMOs are called Labour Market Impact Assessments (LMIAs) so the terminology is different. There are some restrictions on which industries as well, though those are usually for temporary foreign workers and you will be applying for permanent status it sounds like.

2. So the biggest problem here, in theory, is that much of your experience was acquired before you got your credentials. Specifically for the "skilled" programs, that is a huge problem. You need two years since you got your credential. And if you don't have that, you may have to go the temporary work permit route instead.  Unfortunately, the only way to absolutely know for sure if they would accept all this work experience is to apply. But I'm sure if you asked one of our consultants, he would say it's not likely.

3. To the best of my knowledge, the person you got that information from is relying on information about the old system - prior to the launch of Express Entry in January, the old Federal Skilled Trades program went from May to April each year and the quotas reset each May (provided the program was renewed). What that would have meant is the opposite of what they told you, because in all liklihood, the quotas would have been full by April and you'd have to wait until the new "year" to see if your occupation had more space. That's my understanding. I wouldn't take my word for it though. Best thing to do is to ask your girlfriend to call CIC and ask them.

Glad I was able to help.

Riley

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Raul_Rincon

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Re: Refusal Entry // options
« Reply #4 on: April 21, 2015, 03:12:35 PM »
Once again, all my questions were answered perfectly, thank you very much, there are just 3  things that are not clear to me yet,
1.- why does my work experience have to be acquired after I got my credential if according to the website CIC says "There is no education requirement for the Federal Skilled Trades Program" ?  :-[
2.- Should I then just apply for a temporary work permit or you recommend to keep going at the trades program?
3.- just double checking that I understood your past answer number 3, I AM still on time to apply for this program and the info I was given was old info right? (I actually read it in an old website so I'm sure you are right, just wanted to double check I am still on time to apply).

one more time, I truly appreciate your help, thank you so very much! :) :) :) :)

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Riley Haas

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Re: Refusal Entry // options
« Reply #5 on: April 22, 2015, 08:48:07 AM »
Hi Raul,
1. For Federal Skilled trades, it depends on your occupation whether or not you do not need education and you can only go by what the "NOC" says:
http://www23.statcan.gc.ca/imdb/p3VD.pl?Function=getVD&TVD=122372&CVD=122376&CPV=6321&CST=01012011&CLV=4&MLV=4 This is open to interpretation. The consultant tells me you need a cook's certification to qualify as a chef. But that's just his opinion.
2. If he's right, I would say you either need to work for a while in Mexico first, or apply for a temporary work permit.
3. There is no longer a time limit or (official) quota. You can apply for Express Entry at any time. If you sign up tomorrow, though, and you do not get an invitation to apply for Permanent Residence within a year, then you will have to start again.

Sorry for any confusing.

Riley

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Raul_Rincon

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Re: Refusal Entry // options
« Reply #6 on: April 23, 2015, 10:25:12 PM »
Hello mr. Riley! thank you very very much for replying all my messages, I have a quick question, is it true that I need to have a Temporary Resident Visa (which according to me is the tourist visa I had before the refused me the entry) to get a temporary work permit? I just read it in http://www.cic.gc.ca/ and I am afraid that if it's true I'm not gonna be able to apply for a work permit :( 

I hope I can get an answer from you, thank you so much!

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Riley Haas

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Re: Refusal Entry // options
« Reply #7 on: April 24, 2015, 08:43:25 AM »
Yes, you need both. I'm guessing your last visa was revoked when you were denied entry?

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Raul_Rincon

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Re: Refusal Entry // options
« Reply #8 on: April 24, 2015, 10:00:43 PM »
Yes! it was cancelled :(  so a work permit for me is not an option?

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Riley Haas

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Re: Refusal Entry // options
« Reply #9 on: April 27, 2015, 08:54:58 AM »
Well you have to reapply for the visa with the work permit.

 

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