What Can You Do If Your Work Permit Application Was Refused?

2.25 minute read

"Have you applied for a temporary work permit in Canada? Was your application refused? It can be quite disheartening to have your application refused due to unseen mistakes. However, there are a few things you must know about applying for a work permit in Canada to avoid any future refusals."

Written by My Visa Source Team
Published on: Dec 4, 2021

Have you applied for a temporary work permit in Canada? Was your application refused? It can be quite disheartening to have your application refused due to unseen mistakes. However, there are a few things you must know about applying for a work permit in Canada to avoid any future refusals.

What Are the Reasons for Your Work Permit Refusal?

Often, the Immigration, Refugees and Citizenship Canada (IRCC) may refuse your temporary work permit application if:

You are inadmissible to Canada
You were unable to convince the immigration officer of your intention of leaving the country at the end of your authorization stay
You were unable to demonstrate your ability to perform the duties of your job

If the immigration officer thinks that you won’t leave Canada at the end of your stay based on your travel history, family ties in Canada, employment situation, or the purpose of your visit, then your work permit application will be refused.

If you have applied for a Bridging Open Work Permit (BOWP) as the sponsored spouse of a Canadian citizen or permanent resident, your application can be refused based on the genuineness of your relationship with the sponsor.

What Are Your Options When Your Work Permit Is Refused?

If your work permit application was refused by the IRCC, then your only option is to appeal the decision to the Federal Court of Canada. You can do this by filing a Judicial Review for your case. Often the exact reason for the refusal is not listed by the IRCC on your refusal letter. Therefore, you may need to access the GCMS/CAIPS notes. You can file a request in the Federal Court of Canada to access the officer’s notes on your case to understand more clearly the reasons for your refusal.

If your appeal is approved by the Federal Court of Canada, then your application will be sent back to the IRCC for review by a different officer. Appealing to the Federal Court also gives you time to update your file as the process often takes months to conclude.

Applicants living overseas may also file an appeal to the Federal Court of Canada with the help of an immigration lawyer. You have to appeal to the court within 60 days if your work permit application was refused outside of Canada. If your work permit application was refused from inside Canada, then you have 15 days to file an appeal to the Federal Court.

You can only present documents and evidence submitted to the IRCC at the time of application during your appeal with the Federal Court. Remember, you can only file an appeal if you think the decision on your application was unreasonable or based on an error of law. Appealing to the Federal Court is a good way to challenge unfair decisions and clear your immigration record for future visas.