Refused Work Permit Appeal

WORK PERMITS & APPEAL

The most common grounds for refusal of work permit application are (1) absence of sufficient ties to country of nationality; (2) Visa Officer not being satisfied that the stay in Canada is temporary; (3) Visa Officer not being satisfied you will leave Canada at the end of the period authorized for your stay. In essence, the grounds of refusal for rejecting a work permit application are very similar to those of refusing a student visa application. The appeal from the refusal of a work permit application is likewise somewhat similar to appealing a refused student visa. There are, of course, differences and the general criteria outlined below as to the requirements may show some of the potential differences so far as an appeal is concerned.

Generally speaking, in order to obtain a work permit, you must first find a Canadian employer that is willing to give you a “job offer”. The Canadian employer would then have to apply to Human Resources Canada for a “labour market opinion” (LMO). In that application, the employer is essentially asked to demonstrate why s/he (or it) could not find a Canadian to do the job and why it is necessary to hire a foreign national for the job.

Once the Department of Human Resources issues a positive LMO, you can then apply for your work permit to the appropriate visa office outside Canada. It should be noted that the visa officer still has discretion to reject the application for work permit and that a positive LMO is not a guarantee that you will be issued a work permit.

Depending on job classification, skills and experience, a person who works in Canada for a period of two years under a valid work permit may be qualified to apply for permanent residency under the Canadian Experience Class. You may obtain further information regarding this class from Citizenship and Immigration Canada's website.

Work Permit Exempt People

There are certain classes of people who are exempt from the work permit requirements of Canadian immigration laws. These include (subject to certain conditions and rules):

• Foreign representatives properly accredited by the Department of Foreign Affairs and International Trade and their family members (essentially diplomats and UN representatives);
• Some student working on campus;
• Performing artists;
• Athletes;
• International reporters;
• Guest speakers;
• Individual members of an organizing committee for a convention or seminar;
• Clergy and spiritual counselors;
• Judges or referees on international amateur sports;
• Examiners or evaluators of academic projects or theses;
• Expert witnesses;
• Civil aviation inspectors;
• Members of crew for international transportation;
• Providers of emergency services; or
• Applicants who have applied for extension of their work permit until a decision is made on their application.

There is also an exemption provided to “Business Visitors”:

• International business visitors who are here to purchase Canadian goods or services or to receive training on the purchased goods or services;
• Business visitors giving or obtaining training (subject to certain rules and restrictions);
• Representatives of foreign businesses or governments selling goods (subject to certain rules)

To obtain further information and detail or to take advantage of our free half hour initial consultation, please contact our office at (416) 365-9473 or (416) 454-0068.