This article explains why Start Up Visa Work Permits have been wrongly refused based on an IRCC error.
Keep reading to see how IRCC Wrongly Refused Hundreds of SUV Work Permit Applications due to a system error.
- IRCC published inaccurate instructions on their Start Up Visa Work Permit Application Guide at THIS LINK. Those instructions caused people to select an incorrect LMIA exemption code.
- The error caused many Start Up Visa Work Permit applications to be wrongly assessed under IRCC program codes C10 and C11, instead of A75.
- Program Officers at IRCC were aware of this error in their guidance and materials, and they knew many applications were being unfairly decided.
- IRCC did not implement a policy to correct the wrongly decided applications. Some Applicants had their refusal corrected on a case-by-case basis. This resulted in unfair ourcomes.
An Email From An IRCC Officer in 2021 Regarding Start Up Visa Work Permit Refusals
From: REDACTED
Sent: January 7, 20212:14 PM
To: CN CPCE Enquiries/ Enquetes CTDE RC
Subject: DSC enquiry - refused SUV work permits
Greetings and Happy New Year,
We are seeing some SUV work permits assessed and refused under C10 , or C11. While they are supposed to be A75, our instructions are unclear and don't provide this option for applicants. I am currently working with IPG to update the options in the Employer Portal, and on the paper form IMM5802, as well as instruction guides for SUV work permit applicants. Processing instroctions are being updated-for example, CPC-O no longer uploads the comcerts into GCMS, but rather the Montreal office does, and they don't need the IMM5802 if applying online.
The SUV work permit instructions specifically direct applicants to select "significant benefit"
4.1.3 Job details form
The first three fields will be pre-populated with the information you entered when you enrolled in the Employer Portal.
• LMIA exemption title: Select "Significant benefit" R205(a).
• LMIA exemption code: This field will be automatically populated.
If they follow regular work permit instructions, only LMIA-exempt is required, and the Employer Portal options to get the LMIA-exempt offer of employment number don't provide an SUV option.
Because of these discrepancies it seems SUV work permits are reviewed under C10 or Cll, which have different criteria.
On behalf of the designated entities which are supporting these start-up visa applicants, I was wondering if it might be possible for officers to follow these guidelines in SUV cases and change the LMIA code to A75?
SUV Work Permit Was Refused Due to IRCC Error?
Next Steps:
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If your SUV Work Permit was submitted between 2019 and 2022 and it has been refused, contact us today for a FREE consultation.
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What Standard Was Applied to Your Start Up Visa Work Permit Application
C10 and C11 Factors Officer's
WRONGLY Considered
SUV Factors They
SHOULD Have Considered
Is the work likely to create a viable business that will benefit Canadian or permanent resident workers or provide economic stimulus to the area?
Commitment Certificate must have been issued by a designated entity indicating that the work permit applicant is “essential” and there are urgent business reasons for the applicant’s early entry to Canada (..e. section 8.0 of the Commitment Certificate is completed)
Is there a business plan that clearly shows that the applicant has taken steps to initiate their business?
Has the Designated Organization signed the Commitment Certificate?
Is the business of a temporary nature? If it is permanent it does not qualify.
Does the applicant have sufficient funds to meet the low income cut off for their family size for 52 weeks
Is there evidence of having the financial ability to begin the business and pay expenditures, renting space, having a staffing plan, obtaining a business number, showing ownership documents or agreements
Is there a contract with the incubator for services?
Who Was Affected by this IRCC Error
and How Did It Harm People?
The incredible costs of this IRCC System Error going uncorrected for so long:
Many Applicants Paid $40,000+
In order to participate in the Start Up Visa program under and incubator, Applicants pay incubator fees into the tens of thousands of dollars. These Applicants invested heavily in order to apply under this program.
All Nationalities Are Affected
All nationalities are affected. We have seen applications from around the world that were wrongly decided. It appears the Ankara visa post realized what was wrong and tried to rescue some wrongly coded applications.
Time Wasted
This is supposed to be a fast way high growth companies can establish a base in Canada and rapidly expand. Incalculable losses from time wasted for wrongly decided applications hurt these companies.
Anxious Months Followed by Anger
The Applicants who followed the rules for the SUV Work Permit expected their applications would be dealt with under the published rules. Upon learning this never happened, many participants have blamed their incubators, their representatives, as IRCC has taken no responsibility,
If people wanted to be considered under C10 or C11, they would not have paid tens of thousands of dollars to a Designated Organization for mentorship and to obtain the Letter of Support and Commitment Certificate.
Get the best possible representation to Appeal your Refused Start Up Visa Work Permit.
By the time the affected Applicants learned their SUV Work Permit was refused, their commitment certificate would have expired, meaning the cannot apply again.
