Work Permit Refused
Work Permit Refusals
Visitor visas, student permit and work permits are temporary resident visas (TRV). If you’ve received notification of a work permit refusal from Immigration, Refugees and Citizenship Canada (IRCC), you need to decide what to do next. There is basically two options: apply for review in Federal Court of Canada or reapply.
Why was my Work Permit Application Refused?
The work permit application process is fairly complicated and often the applicant does not fully understand the process and what is required in order to have a successful outcome. After applications for a TRV are submitted, an immigration officer reviews the application and makes a decision to approve or refuse. There is no interview and the visa officer makes a decision based solely on the information provided and will not request any additional information even if it is missing. If an application does not contain the necessary forms, information and supporting documents the application will likely be refused. Furthermore, if an application only contains the minimum required documents and does not include documents to strengthen the application, it may also be refused. Therefore, it is very important to submit an application that is both strong and complete the first time a worker applies.
Common Reasons for Work Permit Refusals
Not Qualified for Job: The most common reason work permit applicants are refused is the visa officer is not convinced they have the combination of education and experience to perform the job. In particular, reference letters from previous employers must show that the applicant has performed the same job duties in previous employment as they will in their intended job in Canada.
Language: Workers must demonstrate they have sufficient proficiency in English or French to do the job adequately. The level of proficiency depends upon they type of job and the requirements of the employer.
Insufficient Ties to Home Country: Workers need to demonstrate they have strong ties to their home country so that the visa officer is satisfied they will return to their home country after their employment is complete. Ties can include family, property, employment, financial and other connections to their home country that make it likely they will return.
Finances: Although technically workers are not required to provide proof of adequate finances, applications are still often rejected because the visa officer is concerned the applicant doesn’t have enough money to travel to Canada. Therefore, it is recommended that the worker provide proof of some money in the bank when possible.
Travel History: If the worker has never travelled abroad they can be rejected on this basis of an inadequate travel history.
Incomplete Application: Required documents are missing
Previous Travel History: A record of having overstayed a visa in any country will increase the chances of a rejection
Previous Visa Application History: A refusal to work, study or even visit another country such as the USA will increase the chances of rejection
Inadmissible to Canada: If you are criminally or medically inadmissible to Canada your visa will be refused
Can I Appeal a Work Permit Refusal?
You cannot appeal a refusal of a work permit to IRCC. You can, however, apply for judicial review of the decision if there is reason to believe the visa officer did not assess your application properly. However, judicial review is a long and expensive process and for this reason the best option is usually to reapply for a work permit with a stronger application that addresses the weak areas of your previous application.
Can I Re-apply Again on my Own?
Applying again with the same information and documents is a common tactic to deal with refusals. Unfortunately, this is usually one of the worst things you can do. Normally, if a visa officer sees that a person has a recent refusal and has reapplied without submitting any new information, the visa officer will just refuse the application again, sometimes without even reviewing it. Not only is this a waste of time and money, but you will have not one but now two rejections on record with IRCC. We strongly recommend you don’t reapply without representation by an RCIC if you have a recent refusal.
How can a Regulated Canadian Immigration Consultant Help?
In addition to making sure the application is complete there are three main areas where an RCIC can help.
Obtain and Examine GCMS Notes: Global Case Management System (GCMS) is the information system used by IRCC to process visa applications and contain the entire case history. They contain the notes the visa officer has entered into the system when making a decision about an application and contain invaluable insight into the visa officer’s analysis of the case and reasoning behind the decision. GCMS notes and the refusal letter can help identify the reason for the rejection and enable you to rectify the problem by making the proper corrections and provide additional information to strengthen your application where the visa officer had concerns.
Professional Representation: If you did not have a representative for your previous application you probably only submitted the required documentation listed on the IRCC document checklist. Often, submitting only those documents are not enough to make your case that you will return to your home country after your employment and to satisfy the visa officer of other requirements of obtaining a work permit. Generally, it is wise to submit as much evidence as you can beyond the minimum required by IRCC. Your representative can assist you in preparing and submitting a stronger application to IRCC that address the concerns the visa officer had about your previous application.
Submission letter: An RCIC will prepare and submit a submission letter on behalf of the applicant along with the application. The submission letter will respond to and address the reasons for refusal identified in the GCMS notes and on the refusal letter.
In our experience the combination of the three factors above is usually sufficient to overcome most refusals, especially the most common or frequent ones.
If you have been refused a work permit or want to apply for one for the first time we are here to help! We specialize in helping clients overcome refusals and have assisted numerous clients obtain a visa after they have been refused. Please contact us and one of our Regulated Canadian Immigration Consultants will revert to you within 48 hours.
Looking for Advice?
Your request will be answered withing 24 hours
GET YOUR FREE CANADIAN IMMIGRATION ASSESSMENT NOW!
