Canada Work Permit Refusal for Spaniards
Spanish individuals who wish to work in Canada may be refused a work permit for a variety of reasons, usually meaning that one or several eligibility criteria were not satisfied or proven comprehensively. Navigating a Canada work permit refusal can be stressful and it is essential to understand the steps towards identifying and correcting the cause that led the initial application to fail, before attempting to apply again.
Seeking support from an experienced immigration lawyer can help as you may need an expert to evaluate your eligibility. Our team of specialists at Total Law have decades of experience with all aspects of Canadian work permits and will be happy to help. You can call us today on +1 844 290 6312 or contact us online for immediate support.
Understanding the Immigration Process
Failure to understand the Canadian immigration process and the requirements for obtaining a work permit is likely to lead to a rejected permit application and it is essential that you re-familiarise yourself with the conditions before applying again.
The requirements for a Canada work permit vary, but overall deciding factors consider whether granting you the permission to work in Canada is likely to go against the public interest.
This might take into account local employment statistics, assessing whether you are encroaching on the opportunity for a Canadian worker to fill this position.
Furthermore, the impact your presence may have on public safety will also be taken into account, be it due to criminal activity or medical circumstances. As such, you will need to show that you do not pose a risk in any way.
Page Contents
- Understanding the Immigration Process
- Why a Canada Work Permit May Be Refused
- What Happens If Your Canada Work Permit Is Refused?
- Applying for the Right Kind of Work Permit
- Reapplying after a Work Permit Refusal
- Required Documents
- Steps to Take When Considering Reapplying for a Work Permit after a Previous Refusal
- Reapplying for a Canada Work Permit from Outside of Canada
- How to Reapply for a Work Permit When You Are Already in Canada?
- How Long Does It Take to Reapply?
- Costs of Reapplying for a Work Permit
- How Can Total Law Help?
- Frequently Asked Questions
Why a Canada Work Permit May Be Refused
The rejection reasons for Canadian work permits can vary greatly depending on your circumstances, but as a general rule, it usually means that you or your employer weren’t eligible or that you failed to provide adequate proof when applying.
Common reasons for Canada work permit applications to be rejected might include applying without an adequate job offer or missing documents such as the LMIA, or your employer might actually be ineligible to hire foreign workers because they failed to follow procedures or have previously been found to not have adhered to immigration policies when hiring.
Additionally, your individual circumstances will play a significant role and your application is assessed based on your overall immigration eligibility, the likelihood that you will adhere to the law, and whether you seem qualified to do the job you have been hired for.
As work permits are usually issued with a limited validity period, you will be expected to return to your home country after this permit expires.
When applying, this is one of the core considerations the immigration will focus on and you should try to show clearly that you have all intentions to adhere to the rules and only stay in Canada while you are officially permitted to do so.
Past immigration overstays or other involvement in breaking the conditions of a permit or visa may affect your eligibility in this area.
Additionally, your criminal and medical records will be taken into consideration as Canada strives to protect the public interest when assessing immigration matters and work permit applications.
If you have previously been involved with criminal activities or if you are found to pose a significant health risk to the Canadian population due to a contagious disease or similar, this may affect your application for a work permit in Canada, but the specific outcome will largely depend on your circumstances.
Finally, you should usually try to show that you have a viable job offer in Canada that you are suited for. Here, the wider conditions of your prospective employment may be considered, ensuring that the hours, pay, and type of work align with what is required under Canadian employment-based immigration law and that you are suitable for the role.
You should try to show your qualifications and experience when applying, making it clear that you are indeed able to do the work you intend to do and that this is a serious employment opportunity that you will be pursuing. If there is any doubt as to your intentions to actually work the job that you are applying for a work permit with, this will likely lead to a negative outcome.
What Happens If Your Canada Work Permit Is Refused?
If you received a refusal letter after applying for a work permit, you will need to decide what the best next steps might be. Generally, this will depend on the reasons that might have led to your rejection.
If you think that you meet all of the eligibility requirements and that your application provided all the appropriate details and documents, you might want to lodge an appeal request if you think you were wrongfully rejected.
It is important that you have a good idea of the requirements and expectations that come with the Canadian work permit in this case, as appeals will require a good argument against the decision to reject your application.
If you plan to appeal, you will likely benefit from the help of an experienced immigration consultant who will help you prepare and can represent you where necessary.
If your appeal fails or if you realise that you might need to provide more evidence in your application, you might instead decide to reapply. In this case, you should consider what caused your initial application to be rejected and take the necessary steps to amend this in your next attempt.
When reapplying, you will have to go through the application process again and resubmit all necessary details, even if they were included in your initial application.
Applying for the Right Kind of Work Permit
Overview
When applying for a Canada work permit, you should understand which type is most suitable for your circumstances. At a glance, Canada offers the following options:
- A closed work permit – this permit is tied directly to one employer
- An open work permit – this permit allows you to work for any eligible employer in Canada
Closed Work Permit
The closed or employer-specific work permit allows you to work for a specified employer, whose details you will need to provide when applying.
Generally, this permit will state the name of your employer and for how long you are permitted to work, and it might also specify the location where you are allowed to work if this is relevant information for your job.
When applying, you will usually need to show that you have received a valid and eligible employment contract and that your employer has carried out the labour market impact assessment (LMIA). Alternatively, you may need to provide an offer of employment number, which your employer should have obtained through the Employer Portal.
Open Work Permit
The open work permit offers more flexibility, as it doesn’t tie you to one specific employer. Instead, you may work for any employer in Canada, provided that they are not deemed ineligible on the list of employers who have failed to comply with regulations and immigration policy. This also does not permit work for a business trading in the erotic services or escort sectors.
Since open work permits are not tied to a specific position that you have been hired to work, these work permits generally do not require a job offer or LMIA. Examples of available permits under this category include:
- Post-Graduation Work Permits (PGWP) – accessible to individuals who have graduated from eligible Canadian colleges or universities. However, as of 2024, stricter rules for this permit mean that you will only be eligible if you graduated with a degree that is related to an occupation implicated in ongoing labour shortages
- International Experience Canada (IEC) – accessible to individuals between the ages of 18 to 35 from participating countries, including Spain
- Bridging Open Work Permit (BOWP) – accessible to foreign individuals who have already been working in Canada and require a work permit extension while awaiting a permanent residency decision
- Sponsorship from Spouse (in Canada) – may be accessible to individuals whose spouse is working or studying in Canada and agrees to sponsor them
Reapplying after a Work Permit Refusal
When reapplying for a Canadian work permit after you were previously rejected, it is essential to understand the reasons why your first application was unsuccessful.
While each new application will be assessed independently from your prior submission, your best chance for achieving a different outcome the second time around will usually be to submit different or additional accompanying information such as your documents and evidence that is used to show your eligibility for this permit.
However, depending on your circumstances, you may not be able to do so, in which case the result of your second application is likely to have a similar outcome unless your circumstances have changed otherwise.
Applying again after a Canada work permit refusal will be treated as a new application, meaning that you will need to resubmit all of your required details and fill out the appropriate form.
You will also have to pay the application fee again, but you may need to note that you previously received a rejection.
Required Documents
When reapplying for a Canada work permit, you will need to make sure that you submit all of the required documents, even if you have already submitted them or some of them during your initial application. In general, you will need to submit the following:
- The appropriate application forms
- Your valid passport
- Recent passport-style photos
- Proof of sufficient funds to support yourself while in Canada
- Your CV
- A copy of any relevant qualifications, certificates, or other proof of adequate experience to carry out the work you are planning to do
- Payment proof for all associated fees
- A medical exam certificate, if this is deemed necessary
- Your marriage certificate, if applicable
Depending on your circumstances, you may need to provide the following details of your planned employment and who you will be working for:
- Details of your qualifying job offer from a Canadian employer, if applicable
- Letter of invitation from your Canadian employer, if applicable
- Details of the Labour Market Impact Assessment (LIMA) your employer filed, if applicable
Steps to Take When Considering Reapplying for a Work Permit after a Previous Refusal
When you are applying once more after a previous work permit application was unsuccessful, it is best to take the time to thoroughly figure out why this happened.
Depending on whether this was due to a lack of provided information or related to the job you were applying for, you should consider how you can proceed differently this time around, to make sure that you will not receive the same result.
Before you apply, consider your circumstances and which type of permit you need to apply for. Check that you have all the required documents and think about what additional evidence you may provide to support your case.
If you applied a while ago, make sure that all of your documents are still valid now.
Reapplying for a Canada Work Permit from Outside of Canada
Once you are ready to reapply, you will need to follow the general application steps as with your initial application. Canada work permits are often applied for from outside of Canada and in most cases you will have to do so online.
You will need to fill out the application form and provide all of your required documents. You will also need to pay any associated fees such as the application fee and if you are applying for an open permit, the fee for an open permit holder.
Depending on if or how recently you have provided biometric details this is another step and cost to factor in. Whether you need to provide this depends but if you recently provided your biometric details as part of your initial application this may not be necessary again.
Once you have filled out your application and paid the associated fees, you will need to submit it. Should your application be successful, you will receive a letter of introduction that confirms that you were accepted. It is important to note that this doesn’t guarantee entry into Canada.
How to Reapply for a Work Permit When You Are Already in Canada?
Applicants who need to obtain a work visa in 2024 may do so if they are already in the country, for example on a Canadian visitor visa.
In the past, individuals who applied for a work permit when already in the country were able to submit this application remotely to the visa application centre (VAC) in their home country, but had to travel there to receive it, which added a lot of inconvenience to the process.
Thanks to recent changes, you may now be able to apply without needing to leave Canada. This will be in place until the 28th of February 2025.
How Long Does It Take to Reapply?
The processing times for reapplying for a Canadian work permit can vary, but you should usually expect to wait at least a few weeks or up to a few months, depending on the circumstances of your application.
You should note that appeals may follow a different timeline. It is best to discuss this with an immigration lawyer.
Costs of Reapplying for a Work Permit
When reapplying for a Canada work permit you will have to pay the application fee again, which tends to sit at around CA$155 if you are applying individually.
You may face additional costs such as a fee for an open permit holder, if applicable, that may cost you CA$100 and a biometrics fee of CA$85 if you are applying alone and are required to provide updated biometric details.
How Can Total Law Help?
Navigating a Canada work permit rejection is daunting and to succeed when reapplying, you will need to thoroughly understand why you were unsuccessful the first time.
Our immigration lawyers at Total Law have decades of experience with all aspects of Canadian immigration policies and we will be able to help you assess the strengths and shortcomings of your application to make sure that you have the best chances of receiving a different outcome when you apply again.
You can call us today at +1 844 290 6312 or fill out an online contact form and we will be happy to help you on this journey.
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Related pages for your continued reading.
Frequently Asked Questions
Usually, foreign individuals will not be permitted to work in Canada unless they have obtained a work permit. There might be some circumstances where business visitors who are coming to Canada under the EU-Canada Comprehensive Economic and Trade Agreement (CETA) may be exempt from needing a work permit for a limited duration. It is usually best to check this with an immigration specialist.
If you have appealed your rejection or reapplied again unsuccessfully, you may need to evaluate your alternative options. If your application was rejected due to issues with the job or employer, you may want to find a different opportunity through which to apply.
If this isn’t feasible or if you think the issue came down to something else, you might still be able to successfully apply through a different immigration pathway. Seeking an immigration lawyer at this stage can help you understand what choices you might have and will give you the best chances of still obtaining the life in Canada that you want.
