Canada Work Permit Refusal for UK Citizens
By their nature, not all visa applications or applications for work permits to any country are accepted. When refused, there may be grounds for a new application or to undergo an appeals process.
Total Law works with those applying for visas or appealing a visa or work permit refusal with the Canadian government. Speak to a specialist immigration lawyer when you contact us online, or call on +1 844 290 6312 to understand your options and find a new route into the country.
Understanding the Canadian Immigration Process
Canada is a popular destination amongst expats and travellers, but those travelling to Canada as a British citizen will need to obtain either a visa, work permit or ETA (Electronic Travel Authorization) to gain entry to the country.
Stays of less than six months do not hold a visa requirement for those travelling on a full British passport; instead they must apply for an ETA online.
However, for stays over six months a visa will be required. For stays of any duration, British citizens will require a valid work permit if they intend to undertake work or professional activity while in Canada.
British-Canadian dual citizens do not require an ETA or visa when travelling to Canada, providing they have their valid ID and travel documentation with them.
Canada Work Permit Refusal and Returns
Overview
Where a work permit is not granted, it is either ‘refused’ or ‘returned’. An explanation should be given on the paperwork provided.
A work permit refusal is where the Canadian government deems the application unsuitable, and the entry requirements not met; and therefore has chosen not to grant the permission for an authorized stay. There may be grounds for appeal.
A work permit return is where the Canadian government deems the information provided to be incomplete and so the applicant must re-apply with the correct documentation in order to be granted the permission for an authorized stay.
Most commonly, work permits are returned rather than refused; often due to incomplete information or supporting documents. In these cases, applicants should seek specialist advice in order to ensure their new work permit application is as complete as possible. They should also liaise with their potential employer to ensure that their eligibility criteria have all been fulfilled. For more guidance, speak to an immigration lawyer at Total Law on +1 844 290 6312.
In the case of a work permit return, the fresh application will be reviewed by a different immigration officer.
Where a work permit has been refused, the appeals process is a little more complicated than that for many other countries. Rather than undergo a set appeal process, the employee and employer may request a judicial review of the declined application.
Going to Judicial Review
Going to Judicial Review involves representatives for the employer and employee attending the Federal Court of Canada to prove that either the application process was unfair or that the decision to refuse the work permit was unreasonable.
A request for the visa or work permit refusal to go to Judicial Review must be filed within 60 days from the date of the refusal judgement (as stated on the official letter). Any extension will only be granted in extenuating circumstances.
Going to Judicial Review must only be undertaken with legal representation. Total Law has already filed several such cases; call our team now on +1 844 290 6312 to discuss your circumstances.
To file a Judicial Review, several legal forms must be submitted, including:
- An application for Leave
- An application for Judicial Review with the Federal Court
- The ‘Applicant’s Record’, which includes:
- The entire original application details
- The legal argument for the appeal
- Details of case law that supports the appeal
Once the applications have been filed, a two-step process is followed:
The Leave stage
The court reviews the varying applications and legal arguments from both parties and either grants or denies leave to attend the Federal Court for a further review.
80% of cases do not receive permission to attend court for Judicial Review. Want an honest indication of if your case is likely to get through? Call +1 844 290 6312 to consult with an immigration lawyer now.
The Judicial Review stage
The court schedules a Judicial Review date for within three months after the leave to attend to court is granted. On this date legal representatives for both parties (the employer and employee, and the immigration authorities) attend court and a decision is made by the Judge.
Considering Professional Assistance
Canada’s appeal process for declined work permits is particularly tough; with reversion straight to Judicial Review rather than an internal immigration authority review.
This means that anyone intending to take on the system and launch an appeal can only do so with expert legal representation. Total Law’s team are contactable on +1 844 290 6312 and help travellers daily obtain the work and travel permissions they need globally.
If the legal advice is that an appeal at Judicial Review is unlikely to be successful, there are other options that the applicant could consider, including:
- Getting a job offer from another Canadian employer
- Applying for a different visa route to enter Canada
- Applying for another route for temporary residence in Canada before then reverting to a work programme
Canadian Work Permit Requirements
The best way to prevent a Canadian work permit refusal is to ensure that you are fully aware of all necessary requirements you must follow. These include individual requirements for both the employer and the employee.
Canadian Immigration Requirements for a Work Permit: Employer
Canadian companies who intend to hire an employee from overseas must complete a Labour Market Impact Assessment (LMIA).
This demonstrates to the Canadian government that they have a legitimate requirement to hire a foreign citizen as a worker rather than a Canadian citizen or permanent resident.
The LMIA demonstrates two main points:
- Demand: The employer must show a legitimate need for the foreign employee being hired into a role; ie they must be able to show why the role is required by the business.
- Unavailability: The employer must show that they have attempted to hire a Canadian national or permanent resident but have been unable to do so. This includes through having the role posted on the online Job Bank of the Government of Canada for at least four weeks without a successful candidate being hired.
Once an LMIA has been filed, the employer may apply for a work permit for their overseas hire.
Canadian Immigration Requirements for a Work Permit: Employee
Potential employees who intend to apply for a Canadian work permit must fulfil certain eligibility requirements in order to demonstrate their suitability for residence and employment in the country. To do this, applicants must be able to provide the following additional documents along with their Canadian visa application:
- A valid British passport
- Two recent passport photographs
- Proof of their job offer from a Canadian employer (the Canadian employer must have already met their LMIA requirements)
- Proof of an educational diploma or certificate relevant to the field of employment
- Proof of sufficient funds to support yourself while in Canada (usually proof of the intended salary for the new role)
- A clean criminal record certificate
- Details of adequate health insurance for the duration of the stay in Canada
- Biometric details – usually a photograph and fingerprints supplied at a visa appointment
In most cases, a Canadian visa and work permit is applied for by the employee, providing the employer’s details, on UK soil.
Canada Work Permit and Canadian Visa Application Process
To apply for the relevant visa and work permit permission to enter Canada, the following process should be followed:
Employer completes an LMIA
A Canadian employer must undergo the LMIA process before they can consider employing an overseas national. This includes the four-week period of advertising their job vacancy on the Canadian government’s website.
Employer offers role to overseas national
Once an LMIA has been completed and both the employer and immigration authorities are content that a Canadian citizen cannot be hired for the role. They must make a formal job offer, in writing, to the overseas national.
Overseas national completes application form
The potential employee must complete the relevant online application form for the correct Canadian visa and work permit type. This includes completing details online that links to the Canadian employer.
Overseas national visits Visa Application Centre
The applicant must book and attend an appointment at a Canadian Visa Application Centre. At this appointment they take along all their evidential documents and provide their biometric information (usually a photograph and fingerprints).
All the documents must be provided in English or French, and if not, must be accompanied by a certified translation. They may be required to answer questions on their intended job and stay in Canada. If the applicant has declared existing medical conditions, they may also need to attend a medical exam.
All parties await outcome
Canadian visas and work permits are not granted on the spot and are subject to a processing period. Once the Canadian immigration authorities have made a decision, they will write to both employee and employer advising of their decision.
If a visa and/or work permit is granted, the employee is free to travel and take up work in Canada as soon as it is valid. If the visa and/or work permit is refused, there may be recourse to appeal or to ‘return’.
Need support at any stage of the application or appeal process? Call +1 844 290 6312 to speak to an immigration specialist at Total Law.
How Can Total Law Help?
Total Law are specialist immigration lawyers: we live and breathe immigration law and navigate its complexities on a daily basis. From the most basic of visa applications to the most tricky of appeals and judicial reviews, we work on all kinds of cases to help Brits live, work, study and retire all around the world.
If you’d like to discuss your travel plans jargon free and understand more of the processes to be undertaken, call +1 844 290 6312 or fill out the online contact form to speak to one of our solicitors and learn more. You may be surprised at just how simple we can make things for you.
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Related pages for your continued reading.
Frequently Asked Questions
A British citizen can only apply for a Canadian work permit if they have a valid job offer from a Canadian employer who has undergone the proper internal immigration process to hire an overseas national to their business.
If the job intended for the applicant is primarily in French, they may need to demonstrate their French language ability through the presentation of a valid language exam certificate.
However, if the job is primarily in English, British citizens do not need to provide any proof of language competence. Citizens of all nations should note that it will be considerably easier to live in French speaking areas of Canada with at least a basic understanding of the language.
In some circumstances and on some visa types, a spouse or partner and/or dependent family members may travel with the applicant. They will need to be named in any visa and work permit application, and will need to meet additional eligibility requirements.
In the UK, visa application centres are managed by a third party called VFS Global. The specialist visa and work permit application centre can be found at 66 Wilson Street, EC2A 2BT in London. It may be that if further appointment or information is requested, the applicant may have to attend the Embassy; but most queries are dealt with during the initial application appointment.
Every application for a work permit is judged individually, and overall figures for rejection are not made public. However, the appeals system is particularly difficult – and some 80% of requests for Judicial Review are rejected. This demonstrates the importance of working with a specialist legal team such as Total Law. Call +1 844 290 6312 to talk through your situation today.
Most commonly, work permit applications are returned either due to insufficient supporting documentation, insufficient financial funds for self-sufficiency in Canada or a lack of ties to the applicant’s home country (meaning that authorities aren’t convinced they’ll leave Canada when their permit expires). Less commonly, non-genuine job offers or a lack of professional experience may result in a return.
Yes. Any fresh visa or work permit application will require a new application fee to be paid, and the former fee will not be refunded.
The Canadian Visitor Visa is only for leisure purposes and does not permit visa holders to undertake professional activity while in the country.
Dual citizens hold the same rights as Canadian citizens and so are entitled to live, work and study in Canada without the need for any visa or permit.
