Work permit refusals and problems: a lawyer in Brampton

Start with the reasons. Read the refusal letter and the officer decision note that IRCC now includes with most temporary resident refusals. Then choose a route. If the problem was missing evidence, a new application that fixes it may be the practical answer. If the officer ignored evidence, misread the facts or treated you unfairly, judicial review at the Federal Court may be possible. There is no tribunal appeal for work permit refusals. The leave application is due within 15 days if the decision was made in Canada and 60 days if it was made outside Canada, so get advice in the first few days. If your status is also affected, ask about restoration at the same time.

Not yet. A procedural fairness letter tells you the officer has concerns and gives you a chance to answer them before a decision is made. Common concerns are whether your job offer is genuine, whether your experience matches the job, or whether a document is authentic. Treat it as seriously as a refusal, because the response is often your only chance to put evidence and explanation on the record. Respond within the deadline in the letter. If misrepresentation is raised, the stakes are higher: a finding can bar you from Canada for five years.

Not always. Many employer-specific work permits need a positive LMIA from ESDC. But some jobs are exempt, for example under international trade agreements, intra-company transfers and some reciprocal youth programs. If an exemption applies, the employer still has to submit an offer of employment through IRCC’s employer portal and pay a compliance fee. Getting the category wrong is a frequent reason for refusal.

Right now, probably not. ESDC refuses to process low-wage LMIA applications in census metropolitan areas where unemployment is 6% or higher, and Toronto is on the list for applications submitted from October 9, 2026 to January 7, 2027. The list is updated every three months. Some sectors and situations are exempt, and high-wage LMIAs are not affected by this rule. An employer considering an LMIA should check the current list and wage threshold before advertising.

You may be, if you meet all the current requirements. You need a program of at least eight months at a PGWP-eligible school, full-time study, an application within 180 days of finishing, and language results of at least CLB 5 in all four skills. If you applied for your study permit on or after November 1, 2024, your program must also be in an eligible field of study. You can only get one PGWP. If your PGWP was refused on an application made in Canada, the 15-day judicial review deadline applies.

Possibly. Since January 21, 2025, family open work permits are generally limited to spouses and common-law partners of workers in TEER 0 or 1 occupations, or in selected TEER 2 or 3 occupations in sectors IRCC lists, such as health care and construction. The worker generally needs at least 16 months remaining on their permit when the spouse applies. Dependent children of workers are no longer eligible under this policy. These rules have changed often, so check the current IRCC page before applying.

Apply to extend or change it before it expires. If you apply in time and remain in Canada, you usually keep your current status and can keep working under the same conditions while IRCC decides. If your permit has already expired, you may still be able to restore your status within 90 days, but you cannot work until the restoration is approved. Do not leave Canada while relying on maintained status without advice first, because leaving can end it.

Generally you need a new work permit, or an approved change, before you start working for a new employer on an employer-specific permit. Working for an employer not named on your permit can lead to a finding that you breached your conditions, which affects future applications. If that has already happened, get advice before you file anything else.

Not automatically. A work permit is temporary, but authorized Canadian work experience can count toward permanent residence programs such as the Canadian Experience Class. Work done without a valid permit, or outside your permit’s conditions, does not count and can harm later applications. See permanent residence.