According to recent findings by the Canadian Immigration Lawyers Association (CILA) on February 18, 2025, immigration lawyers are seeing an increase in the number of work permit applications that are being incorrectly denied or returned by Immigration, Refugees and Citizenship Canada’s (IRCC) Case Processing Centre in Edmonton (CPC).
The article provides several examples of these incorrect decisions based on the CILA member's experiences, including:
- Failing to observe the 60-day hold timeframe for concurrent processing of in-Canada work permit applications. As per the policy IRCC usually allows 60 days from the date of submission for the applicant to provide a positive LMIA. However, applications are being refused even before 60 days period ends causing the applicants to lose their legal status in Canada.
- Refusing an LMIA-exempt work permit application on the basis that the applicant failed to provide an LMIA even though applications sits in the 60 days period from the date of filing.
- Refusing a work permit application for "failing to provide evidence that the applicant possessed the necessary skills, credentials and educational background required for the position," even though the applicant had more than the minimum education required and two years of directly related work experience in one of the cases.
- Refusing a work permit application for a job that required bilingualism, even though the applicant had 20 years’ experience working for a Canadian company abroad in both French and English.
These incorrect decisions have real and immediate consequences for both foreign workers and employers. Foreign workers must stop working immediately upon receipt of a refusal, and employers face work disruptions and are forced to bear the financial and logistical burden of recruiting and hiring replacements on short notice.
It is highly recommended by CILA that IRCC take actions to increase transparency in the immigration processing process, such as:
- Having human officers review refusals and returned applications to spot potential errors, even if completeness checks are being performed by using artificial intelligence.
- Offering ongoing support for staff who are reviewing applications for completeness checks and sharing examples of errors internally for training purposes.
- Taking additional steps to remedy cases where applications were refused or returned in error, such as by placing re-submitted applications in a priority queue.
- Request reconsideration: You can submit a request for reconsideration to Immigration, Refugees and Citizenship Canada (IRCC) through their webform. This approach is best suited for cases where there's compelling evidence that the officer made an error or overlooked important information. While not a formal right, it can be successful if you provide a well-drafted letter explaining why the decision was incorrect.
- Submit a new application: You can choose to submit a new application, especially if your circumstances have changed or if you can address the reasons for the previous refusal. This allows you to present a stronger case based on the feedback from the initial refusal.
- Judicial Review: If you believe the refusal was unjust or unreasonable, you can apply for a Judicial Review at the Federal Court of Canada. This process involves:
- Obtain GCMS notes: Request the Global Case Management System (GCMS) notes to understand the specific reasons for your refusal. This information can help you address any issues in future applications or reconsideration requests.
- Seek legal advice: Consider consulting with an immigration practitioner, especially for complex cases or if you're considering Judicial intervention.
It's important to note that there is no formal departmental appeal process within IRCC for temporary resident visas (such as visitor visas or study permits). The most common and often recommended approach is to address the reasons for refusal and submit a new application when your circumstances improve. However, sometimes escalation of matters through judicial intervention becomes necessary.
