Canada Work Permit Refusal for Australians

You Are Ineligible

You can be ineligible for a work permit if you do not meet the basic criteria for your chosen program. You should check the different eligibility criteria for the work permit programs before applying.

The Canadian government will not be responsible if your permit is refuted based on criteria you should have known. You can find information on Canada work permit eligibility for Australians on the Government of Canada website.

For instance, for IEC programs, you have to be a citizen of a country with a Canadian IEC agreement to be eligible. Residence in a partner country, even for a long period, does not count. This means that foreign nationals who are residents of Australia might not be eligible for the IEC work permit.

You are Inadmissible to Canada

If you are found inadmissible to Canada, your visa will be denied. There are several reasons why you could be found inadmissible.

1. Criminal Record: If you have a criminal record in any country, including records of drunk driving or driving under the influence, you may be inadmissible to Canada.
2. Security Reasons: Another reason you could be inadmissible to Canada is if you are considered a security threat to the country. If you’ve been involved in terrorism, violence, espionage, subversion or belong to an organization that is associated with any of these, your visa might likely be refused.
3. Violation of Human or International Rights: This includes crimes against humanity, war crimes or senior government officials that are subject to international sanctions.
4. Medical Condition: If you have any medical condition that can endanger public health and safety or cause excessive demand for health services, your application might be denied.
5. Financial Reasons: You must have sufficient funds to support yourself and your dependents in Canada. If you don’t have proof of sufficient funds, your application will be denied.
6. Misrepresentation and non-compliance with the Immigration and Refugee Protection Act (IRPA).
7. Having an inadmissible family member.

In the case of criminal inadmissibility, you can submit a criminal rehabilitation letter, submit a temporary resident permit application, or submit a legal opinion letter.

When in doubt about your eligibility or the best solution to your unique situation, don’t hesitate to reach out to our immigration lawyers at Total Law. We will assess your unique situation and let you know your eligibility status.

You Do Not Have a Legitimate Job Offer or Lack LMIA

Most applications require sufficient proof of a genuine job offer from a Canadian employer with a positive LMIA. The job offer has to contain all the required details and meet the standards of the IRCC. The LMIA also has to show that hiring a foreign worker for a job would not have a negative impact on the Canadian labour market.

If your application does not contain the required details or you didn’t provide an LMIA, your application may be refused. This criteria is essential for employer-specific applications. If you were refused based on this ground, you can reapply once you have gotten the required documents.

Also, the IRCC will assess your experiences and qualifications to ensure you are qualified for the job offer you are being offered.

You Didn’t Follow Due Process

When applying, you must ensure that you do so on the official Immigration, Refugees and Citizenship Canada (IRCC) website. Applying on any other website or not following this process might mean that you are being scammed or have missed a step. You should also be careful when choosing the category for your application on the IRCC account.

It is essential to keep to the specific deadlines set by the authorities. Don’t leave your application and document submission till the last minute. There could be a maintenance or technical problem on the site. You should also remember that the deadlines are in the Universal Coordinated Time (UTC) timezone.

Your Documents Are Missing or Non-Compliant

You stand the risk of getting a refusal if your documents are illegible, incorrect, expired, or non-compliant. You have to ensure that all documents submitted are clear and easy to read, with no blurred or obscured parts.

All documents must also be in English or French, which are the official languages of Canada. If they are not, you have to submit a translation done by a certified translator along with the original documents. Always check to know that you have submitted the right documents.

You can also ensure that you are not using non-compliant and expired forms by always downloading your forms from the official website. Be on the lookout for any additional documents that you might be required to submit, like an IMM5257 form. When you have uploaded these documents, ensure that you press next to sign and submit them.

Merging your documents into a single PDF when you have to submit more than one document in one location is very important. You will find several applications online that can help you easily merge your documents into one PDF.

You Did Not Prove Your Intent to Leave Canada

For temporary workers, it is essential to prove your intention to leave Canada after your authorised stay. Failure to provide convincing proof can make the IRCC refuse your work permit.

Strong connections to your native country, like property owned, ongoing engagements, and family responsibilities, can serve as evidence. If your application has been refused, you can reapply with proof of your ties to your country.

If you feel there were no errors in your application and the refusal was unjust, you can attempt to appeal the decision. Note that you cannot appeal in all cases. If the error is from you, it’s best to reapply.

Overview

Australia’s close relationship with Canada comes with certain benefits for Australians who want to work in Canada. However, these benefits do not excuse you from following the due process and providing the required documents for a work permit.

Generally, the steps to follow when applying for a work permit are:

• Prepare Your Documents: It is essential to have all of your documents ready before you start your application to prevent any situation where you need a document and do not have it ready. The documents you should prepare include proof of your work experience, educational certificates, and language proficiency test results.
• Pay and Fill Out the Application: You can then go ahead and pay the appropriate fees for your work permit and fill out your application on the Immigration, Refugees and Citizenship Canada (IRCC) website. The processing fees differ based on the kind of work permit you are applying for. You will be required to submit certain documents based on the category of work permit. For applications through the IEC program, Australians have an unlimited quota, which means you can always get a slot.
• Do Your Biometrics: If you have yet to submit your biometrics to the Canadian authorities at a Visa Activation Centre (VAC) in the last ten years, you will be required to pay a biometrics fee and will get a Biometrics Invitation Letter (BIL). The BIL will let you know when you can go to a VAC for your biometrics. Note that this biometrics is different from the biometrics you provided for your passport to travel to Canada.

Once you have submitted all the necessary documents and done your biometrics, you will have to wait for the IRCC to process your work permit. You will be contacted when it is approved, and you can fly to Canada with your Temporary Residence Visa (TRV) if you are not already in Canada.

Required Documents for Your Canada Work Permit

There are certain documents you need to get to prove that you are worthy of a Canadian work permit. Having all these documents prepared can help you avoid the possibility of getting a refusal.

• A Job Offer: Having a valid job offer from an eligible Canadian employer is essential to apply for employer-specific work permits. Your offer letter should include the job title, duties, work hours, start date, and salary.
• An LMIA: A Labour Market Impact Assessment is not a requirement for every job, but most jobs will require it. It is also safer to have your LMIA ready on request rather than wait till it is required.
• Your Education and Experience: Every year of your education and work experience matters. If you took a gap year or had a volunteering period, you have to account for it in your documents. All your school certificates and letters from previous employers are equally important.
• Your Proof of Funds: Based on the number of dependents you have, you would be required to show that you have sufficient funds to support yourself and your dependents during your stay in Canada. The minimum is usually CAD 3,000.
• Your Health Insurance: You would need to have health insurance that covers the duration of your stay in Canada.
• Medical Exam: Some jobs will require that you do a medical exam to prove that you are physically fit to do the work. You have to go to a doctor approved by the Canadian government for this exam.
• Police Clearance: You have to prove that you don’t have a criminal record by submitting police clearance certificates from the countries you have lived in for more than six months since you clocked 18.

Getting all the documents together and following the steps to the final activation of your Canadian work permit can be a long and arduous one. But there is that sense of fulfilment when you have your permit in your hands. It can, however, be disappointing when you get a refusal.