What To Do If Work Permit Is Denied. Can You Appeal?

If work permit is denied

If you are not a Canadian citizen or permanent resident, you need a valid work permit to work in Canada. You may be given a work permit based on a job offer from a legitimate Canadian employer. If you receive a temporary job offer, you can only begin working after receiving a temporary work permit.

Can You Work Without A Permit In Canada?

Generally, you will need a work permit if you are not a citizen or permanent resident to work in Canada. However, there are certain groups of people who can do some jobs without a work permit.

They include:

  • Military personnel
  • Foreign government officers
  • Business visitors
  • Athletes, performing artists, students on-campus employment
  • Media crews and reporters
  • Investigators and expert witnesses
  • Foreign representatives, their personal staff and family members
  • Clergy
  • Emergency service providers among others

In some cases you may be able to obtain an open work permit without a prior job offer. This especially applies if you are sponsored as a spouse or common law partner of a Canadian citizen or permanent resident. Spouses or partners of foreign nationals who hold a work permit or study permit can also apply for an open work permit.

Work permits are issued by the IRCC. If you are outside Canada, you can apply for a work permit at the Canadian visa office in your home country or where you have been lawfully admitted.

The processing times for work permits vary but it usually takes several days to a few weeks before a decision is made. The time it takes will depend on your unique circumstance such as whether a medical evaluation is required. The workload at the particular visa office where you submitted your application will also determine how long it will take for you to receive a decision.

Generally, the work permit applies to a specific employer. Should you need to change employers, you will be required to apply for a new work permit unless you have been admitted to Canada on an open work permit.

If your application for a work permit is not successful, you can appeal the negative decision to the Federal Court within 15 days of a refusal made in Canada, or 60 days for a refusal made at a visa office outside Canada. However, such an appeal will take approximately six months to a year to process, with an uncertain result. Instead, you can apply again and hopefully, a different officer will review the application and grant approval.

Having a legal representative in Canada with expertise in immigration appeals in the area of work permits can help you to understand your options and which is the better path in order to obtain a successful outcome.

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