How an AI and cloud technology professional addressed two refusals and obtained a new employer-specific work permit.
Case summary
Mr. Yogesh, an AI and cloud technology professional, came to Canada in 2018 to pursue a Master’s degree in Information Systems Security at Concordia University. After completing his studies and gaining Canadian work experience, he encountered a work permit refusal and a subsequent refusal of his application to restore status. With assistance from Arnika Visa, he later applied for an employer-specific work permit from outside Canada and received approval.
Background: education and Canadian experience
Mr. Yogesh arrived in Canada in 2018 as an international student. He completed a Master of Applied Science in 2020 and had research and professional experience, including work as a Research Consultant, Teaching Assistant, Data Science Intern, and Cloud Developer. His post-graduation work permit was valid until January 2024.
The first refusal: employer-specific work permit
In December 2023, an application to extend his employer-specific work permit was submitted while the employer’s Labour Market Impact Assessment (LMIA) and Quebec Acceptance Certificate (CAQ) were pending. The materials provided for this case study state that a payment issue delayed the employer’s CAQ process. IRCC refused the work permit application on February 29, 2024, citing the absence of a valid LMIA and CAQ at the time of submission.
The restoration application and second refusal
After his temporary status expired, Mr. Yogesh was advised to apply to restore status within the applicable 90-day period. He applied to restore visitor status while awaiting the employer’s documents. The LMIA and CAQ were issued by May 2024, but IRCC refused the restoration application on August 14, 2024. The refusal referred to paragraph 182(1) of the Immigration and Refugee Protection Regulations and stated that restoration was limited to the status held immediately before the loss of status.
The case materials describe that Mr. Yogesh had held worker status immediately before applying to restore visitor status. The precise wording and legal basis should be checked against the original IRCC refusal letter before publication.
Arnika Visa’s approach
Mr. Yogesh consulted with Reza Eslami, RCIC, of Arnika Visa. Based on the circumstances described, the recommended strategy was for him to leave Canada voluntarily and submit a new employer-specific work permit application from outside Canada, rather than continue pursuing restoration from within Canada.
The new application was submitted from India under the LMIA-based stream. The supporting package included the LMIA and CAQ, an explanation letter, updated language evidence, employment references, T4 slips, Notices of Assessment, pay statements, proof-of-funds information, and materials addressing his professional experience and career plans.
Outcome
IRCC approved the new employer-specific work permit application and issued a passport request. This outcome followed a new application made from outside Canada; it should not be presented as a guarantee that the same strategy will work in other cases.
Key takeaways
- The timing and completeness of employer-specific work permit applications can be critical when an LMIA or Quebec-related document is pending.
- A refusal of restoration may turn on the status held immediately before the loss of status and the particular facts of the application.
- A new application from outside Canada may be an option in some circumstances, but the appropriate strategy depends on the applicant’s record, eligibility, and current law.
- Applicants should obtain case-specific advice before deciding whether to remain in Canada, depart, or submit another application.
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