January 23, 2024

Federal Court Rescinds IRCC Work Permit Rejections Based on Language Skills

In recent legal developments, the Federal Court of Canada has made significant decisions that could have a substantial impact on those seeking work permits in Canada. These rulings have brought attention to the need for applicants to provide clear evidence of their language proficiency, even when it is not a stated requirement for the job. Let's delve into the details of these cases and grasp the significance of language skills in the process of obtaining a Canadian work permit.

The First Case: Mehri Hosseinibay

Mehri Hosseinibay, a citizen of Iran, found herself in a legal tussle after her work permit application under the Temporary Foreign Worker Program (TFWP) was denied. She had applied for a position as a Construction Project Coordinator at a landscaping company, and her employer had successfully obtained a positive Labor Market Impact Assessment (LMIA) for the job. However, her application was turned down due to concerns about her language proficiency.

Remarkably, there was no specific language requirement mentioned for the position she applied for. To strengthen her case, Mehri provided her IELTS English language test results, which indicated her proficiency as a modest or intermediate English speaker. Her employer even confirmed that she met all the job requirements.

The Federal Court found the visa officer's decision to be unreasonable as it lacked clarity and justification regarding how Mehri's evidence demonstrated her inability to perform the job. This case underscores the importance of providing clear evidence of language proficiency, even when it's not explicitly demanded for the job.

The Second Case: Santokh Singh

Santokh Singh, an Indian citizen, encountered a similar challenge when his work permit application as a farm laborer was denied. The job offer did not specify any formal education requirements, and the duties involved operating farm machinery, examining produce, and reporting to a farm supervisor. The visa officer expressed concerns about Santokh's ability to comprehend job-related instructions due to language limitations.

In response, Santokh provided substantial evidence to demonstrate his English language proficiency, including a diploma in software application in English, certificates from English-language educational institutions, and a letter of support from a local business owner. However, his application was still refused.

The Federal Court ruled that the visa officer's decision was unclear and unreasonable when considering the evidence provided by the applicant. This highlights the necessity of a clear and justifiable decision-making process.

Implications for Applicants

These cases carry significant implications for individuals seeking Canadian work permits. They emphasize the fact that visa officers may consider an applicant's language ability, even when no specific language requirements are set for the job and the employer deems the applicant qualified.

To navigate this complex process effectively, applicants are strongly advised to provide comprehensive evidence of their language proficiency. This includes language test results, educational certificates, and letters of support, if applicable. The responsibility is on the applicant to demonstrate their ability to perform the job competently, both in terms of language and other qualifications.

Additionally, applicants should be prepared to defend their language proficiency in case of a refusal. Seeking assistance from legal counsel or immigration consultants with expertise in Canadian immigration procedures can be invaluable in such situations, providing guidance on building a robust application and supporting it with the necessary documentation.

Pelican Migration Consultants: Your Canadian Immigration Partner

For those seeking assistance with their Canadian immigration journey, Pelican Migration Consultants is a leading choice among immigration consultants in Dubai. With expertise in Express Entry Canada and Canada PR visa applications, we can provide invaluable support in ensuring your application is well-prepared and thoroughly documented.

In a landscape where language ability can make or break your Canadian work permit application, trust the experts at Pelican Migration Consultants to guide you through the process and help you achieve your Canadian immigration goals.