This Canada work and study permit refusal case study describes how a family of four received approvals after refusals affecting the spouse and children
Case summary
A family of four applied to come to Canada. The wife was the principal applicant for a closed work permit to work as a cook in Greater Vancouver. Her application was supported by a positive Labour Market Impact Assessment (LMIA). She had an IELTS score of 6.5 and a Master’s degree in Medical Research from Australia.
Her spouse applied for an open work permit, and their two children applied for study permits.
On February 6, 2024, IRCC refused the family members’ applications, but not the principal applicant’s. The family pursued judicial review of the refusals.
IRCC refusal and judicial review
The refusal raised concerns about whether the proposed employment income—$18 per hour—would be sufficient to support the family in Canada.
The family pursued a judicial review in response to the refusals. During the process, IRCC made a settlement offer. The family then provided an updated submission addressing the officer’s concerns, including the family’s financial circumstances, ties to their home country, employment prospects, and available financial support.
Outcome
The principal applicant received an approval letter, and the court process resulted in a settlement offer. On September 11, 2024, IRCC approved the applications of the family members whose applications had previously been refused.
Key takeaway
A refusal may be challenged through judicial review where there are grounds to do so. In this case, the updated submission addressed the specific concern identified in the refusal and provided further information about the family’s circumstances. The outcome depended on the facts and procedural steps of this particular case; it should not be taken as a guarantee that similar applications will be approved.
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