U.S. couple living in B.C. has work permits refused due to missing number on paperwork

Melanie Whitlow saysshe and her familyhad only recently started toget aheadfinancially when a complication with their immigration forms caused her husband to befired from his job.

"We're down at least half our income," said Whitlow, 39."We've had to stop being able to save money for future endeavours and our future life plans."

Whitlowand her husband, Steve Whitlow, 43,moved their family of fourto Vancouverin August 2019fromMilwaukee, Wis., as part of British Columbia's provincial nominee program, which offersa path to permanent residency for skilled and semi-skilled workers in high-demand occupations.

It was a plan eight years in the making.

Whitlow isa registered nurse and had to completethe B.C. licensingprocess beforefinding an employer willing to nominate her. She eventually secured a positionwithVancouver General Hospital, giving the family a path to permanent residency.

Steve, 43, did not have a job waiting for him, but accompaniedhis wife and found a job in July of last year with a steel company in Richmond.

The pair says things were going "pretty good," until a few weeks agowhen, on Family Day, an oversight in their work permit renewal forms resultedin Immigration, Refugees and Citizenship Canada (IRCC) denying their extension.

Whitlow says she completed the IRCC forms well in advance of the Feb. 4 deadline, but failed to include the necessaryLabour Market Impact Assessment (LMIA) exemption number from her employer. She says it was an "oversight," given her employer had paid the corresponding fee and had the number, but that she was still able to submit the paperwork without this crucial bit of information.

Documents shared with CBC showIRCCfollowed up with them on a separate issue, regarding a different $100 feefrom her employer, but never mentioned the missing LMIA number.An email to IRCC about the outstanding $100 balance shows the couple requested a follow-up phone call with IRCC staff.

Eleven days latertheir permits were denied, making it illegal for the couple to work.But while Melanie says VGHchose to "keep an eye" on the situation, Steve's employer opted to terminate him.

Legal experts say that while IRCChad the right to reject the couple's application over the missing number, their case reflects the sometimes impersonal touch of a departmenttasked with approving complicated forms ones capable of throwinglives into turmoil if completed incorrectly.

"A human had to have read my note where I was clearly confused," said Melanie. "Idon't know why they would deny a work permit instead of reaching out."

In its response to CBC's inquiry about the Whitlow file,IRCCacknowledged that both permits had been refused due to the missing LMIA exemption number "as well as the employer compliance fee."

"Mrs. Whitlow was advised by IRCC of her eligibility to apply for restoration and she reapplied," writes the department. "Her work permit has since been approved and is valid until February 18, 2023 ... Mr. Whitlow also applied for a restoration of his temporary status and this application is in progress."

Immigration officers quick to 'move on'

One immigration lawyer tells CBC that IRCC officerswill reject applications that are missing information in order to"move on to their next task."

"Normally folks would hope that an officer would pick up the phone and call them," said Joshua Slayen of Larlee Rosenberg, Barristers & Solicitors."It's very disheartening to see someone so negatively impacted by it."

Slayensays applicants have three options when their paperwork is refused or rejected, including restoration, reconsideration, or an appeal in Federal Court.

"There has to be some smarter way to do this," said Melanie Whitlow, acknowledging that many of those who interact with the IRCCmay not speak English and therefore require more assistance.

While the couple isconfident Steve's work permit will be restored, the couple says it's unlikely he will get his old job back.

"The IRCC doesn't pick the dominos up," said Steve Whitlow."They only let them fall."