Work Permit Refusal Letter Despite LMIA Approval

Case Study: Family TRV Refusal and Successful Appeal at Federal Court

At Arnika Visa, we often meet clients who face unexpected challenges despite meeting critical eligibility criteria. This story involves a Pakistani applicant who received a work permit refusal letter even after securing a positive LMIA under the Permanent Residency Stream for Ontario.

Background of the Case

The Pakistani national applicant applied under the Ontario Permanent Residency Stream, supported by an LMIA (Labour Market Impact Assessment). On February 20, 2024, he received a positive LMIA for the position of Restaurant Assistant Manager (NOC Code 0631) in Canada’s restaurant and food services industry.

Following the LMIA approval, he submitted his work permit application, providing the required documentation, including:

A detailed CV showcasing his qualifications and experience.

Bank statements as proof of financial stability.

The applicant was optimistic about starting his new role in Canada.

The IRCC work permit refusal Letter

The Work Permit Refusal

On October 30, 2024, the applicant received a work permit refusal letter from IRCC. The reasons cited by the immigration officer were:

Purpose of Visit: The officer concluded that the applicant’s purpose of visiting Canada was inconsistent with a temporary stay, despite the job offer.

Financial Stability: The officer found that the applicant’s current employment situation in his home country did not demonstrate sufficient financial establishment, raising concerns about his intent to return.

The work permit refusal letter dashed his hopes of pursuing this promising career opportunity in Canada.

Consulting with Arnika Visa

Facing this setback, the applicant scheduled a consultation with RCIC, MohammadReza Eslami at Arnika Visa. During the meeting, the RCIC conducted a thorough review of his application, refusal reasons, and supporting documents.

After analyzing the case, the RCIC identified potential weaknesses in the application, including insufficient evidence of financial ties to the applicant’s home country and documentation gaps that could have demonstrated his genuine temporary intent.

The RCIC recommended pursuing a Judicial Review (JR) to challenge the refusal decision. This pathway could provide an opportunity to present evidence that the applicant met the work permit criteria and address the concerns raised by IRCC.

Budget Constraints and Outcome

Unfortunately, due to budget constraints, the applicant decided not to proceed with the Judicial Review. Without the Judicial Review (JR) pathway or the ability to submit a new, solid application, Arnika Visa could not pursue further action. The applicant ultimately had to pause his plans to work in Canada.

Conclusion: A Cautionary Tale

This case highlights the complexities of Canada’s work permit application process and the importance of presenting a comprehensive and well-supported application. While securing a positive LMIA is a significant milestone, it does not guarantee work permit approval. Financial stability and intent to return to the home country play a critical role in an officer’s decision.

At Arnika Visa, we strive to help clients overcome challenges in their immigration journeys. If you or someone you know faces similar obstacles, contact us to explore your options and strengthen your case for success.

How Arnika Visa increase your chances of getting a work permit approval letter?

Understanding the complexities of the Canadian immigration system is essential for a Registered Canadian Immigration Consultant (RCIC). We’ll go into the possible causes of work permit refusal, giving RCICs the knowledge they need to help their clients with immigration applications. Preemptive actions—strategies for resolving issues or inadequacies in work permit applications, such as appeals and reconsideration options—to increase the possibility of getting a work permit approval letter.

We’ll make sure that your work permit application is well-prepared to avoid being refused again. Submitting additional documents above the bare minimum required—like bank statements, prior visas, diplomas, and reference letters—can strengthen your application by proving your sincerity and relevant experience.

If your application for a work permit is denied, you can request a judicial review; however, you must provide proof of an IRCC processing error. If the application originates outside Canada, you have 60 days to file; otherwise, you have 15 days. A request for reconsideration is an additional option. This is a non-formal correspondence pointing out an error and requesting that the immigration officer reevaluate their denial.

Expert legal advice is essential for complex issues such as judicial reviews, reconsiderations, or reapplications. Arnika Visa can offer guidance and assistance in overturning work permit refusal Canada because of his experience with all kinds of refusal situations, including work permit refisal letter.