Canada Work Visa - Guidance Please!!

Canada Immigration Forum (discussion group)

Subject: Canada Work Visa - Guidance Please!!
  Someone has a situation and is in need of some professional guidance.

There is a certain employer in Canada trying to hire somoeone. The employer has applied (twice) to Service Canada (SC) and they came back to them (twice) with the same rationale which they thought they had corrected in their last applcation. According to SC, their decision is based on the following reasons:

1) The wages they are offering are not consistent with prevailing wages paid to Canadians in the requested occupation.
2) THey have not demonstrated sufficient efforts to hire Canadians in the occupation.
3) Service Canada is not able to determine the genuineness of the job offer.
4) ...difficulty that presented itself as a result of a review of the position requirements indicated on the application (i.e., a degree and/or diploma in finance or accounting are not the equivalent to 1 year banking/mortgage administration experience). In addition, the wages being offered to the foreign national must be consistent with the job duties.

Basically, given the employers previous unsuccessful attempts, they need some professional guidance. Ultimately, they would like to reapply once they are able to satisfy point-by-point the above requirements. Considering the above, they have come up with the following questions:

1) What is the prevailing annual wage paid to a financial analyst? a financial clerk?
2) So far the employer has advertised in several major newspapers, online job websites, and ethnic newspapers, for a period greater than two weeks. During this period there was only one qualified applicant who did not pass the interview. How much more effort is required in order to show there are no qualified Canadians?
3) THey have a job offer in the format recommended by CIC, including the job title, wage, term, etc. Should they include this with their application?
4) In regards to this point, they are now somewhat better informed where they made a mistake, i.e., job title plus job duties (according to NOC list) must equal prevailing wage according the current labour market information website.

In addition to the labour market refusal, the potential employee has had a negative experience trying to enter Canada as a visitor. Basically, he was in Canada for a year on a visitors permit after being granted an extension. He spent the time traveling within Canada and visiting family. At the end of his stay, he left Canada and tried to reenter but was denied entry because they believed he was working in Canada all along. He argued that this was not true, but the immigration officer was unwilling to grant me entry. So at that point he voluntarily left Canada back the US where he is a US citizen. At the time, he thought this was a big deal. How will this affect the employers future chances at receiving a work permit through CIC?

The employer has sort of hit a bump in the road but is not ready to give up. As they are not experts in this procedure and obviously making mistakes, they would greatly appreciate some guidance from a professional. All suggestions are welcome and greatly appreciated.


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