Canadian federal court denies work permit based on IELTS score

author avatar
Julia Hornstein
Published: November 6, 2023

A citizen of Iran was a home design and renovation manager for seven years. In 2022, she signed an employment contract to work as a Residential Home Builder with a construction company located in Vancouver. The job duties and responsibilities included planning and preparing work schedules, selecting and employing trade subcontractors and managing budgets.

Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm

The construction company received a positive Labour Market Impact Assessment (LMIA) and was registered to hire temporary foreign workers in British Columbia. She then applied for a work permit under the Temporary Foreign Worker Program (TFWP). As part of the application, she submitted her results of her IELTS language test with a score of 5.

The Immigration, Refugees and Citizenship Canada (IRCC) officer assigned to her case denied her work permit due to her language abilities. She applied for judicial review of the decision.

She argued that there is no specific “language requirement” for work permits. In addition, the officer did not explain how she failed to prove that she would be able to perform the work sought and there was no evidence to confirm the officers finding that her language ability was insufficient to gain employment.

However, the Federal Court upheld the officer’s decision.

The officer refused the work permit based on the nature of the work of her new position. According to the officer, when considering the job duties and responsibilities, the ability to meet language requirements was critical.

The court stated that the officer reasonably concluded that she had failed to meet these requirements in light of her “low” IELTS scores and that she provided no other evidence to support her language capabilities.

In addition, according to the court, an overall IELTS score of 5 provides evidence of basic, rather than effective, communication skills. Therefore, the officer was justified in concluding that the evidence of the IELTS score was insufficient to meet the requirements of the position.

The implications of the case’s outcome are that a work permit may be refused based on the applicant’s language ability, regardless of if the job does not explicitly state language requirements or if the employer received a positive LMIA.

When completing immigration applications, applicants should ensure that they provide all relevant information, including any evidence regarding their language ability. Based on this case, an application may be stronger if the applicant can provide other evidence of language ability beyond language test scores, such as completion of English educational programs or proof of English employment.

Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm

Share this article
CIC NEWS
See more of the reporting you rely on.
Choose CIC News as a preferred source to see more of our reporting in Google’s Top Stories.
Add CIC News on Google
Select CIC News, then confirm on Google.
Share your voice
Did you find this article helpful?
Thank you for your feedback.
Subscribe to our newsletter
Did you find this article helpful?
Please provide a response
Thank you for your helpful feedback
Please contact us if you would like to share additional feedback, have a question, or would like Canadian immigration assistance.
  • Do you need Canadian immigration assistance? Contact the Contact Cohen Immigration Law firm by completing our form
  • Send us your feedback or your non-legal assistance questions by emailing us at media@canadavisa.com
Related articles
What to do if a crucial Canadian citizenship by descent document isn’t in English or French
If you have a record that is not in English or French, here is how to get it translated for IRCC
Archives of Ontario moves to online payment for records Americans need to prove Canadian citizenship
A person at a kitchen table pays an online invoice on a laptop, beside an old family photo and a handwritten birth register.
IRCC releases updated breakdown of Express Entry candidates by CRS score
People walking across the street in Toronto, Ontario.
What an IRCC officer looks for in your citizenship by descent application
A red folder holding a Canadian proof of citizenship application form, next to three family photos from different generations and a checklist of six questions an IRCC officer asks.
Top Stories
What to do if a crucial Canadian citizenship by descent document isn’t in English or French
North Bay unveils regional immigration quota for 2027
What to expect when you hire an immigration lawyer for Canadian citizenship by descent
Join our free newsletter. Get Canada's top immigration stories delivered to your inbox.
Subscribe
More in Citizenship
What to do if a crucial Canadian citizenship by descent document isn’t in English or French
If you have a record that is not in English or French, here is how to get it translated for IRCC
What to expect when you hire an immigration lawyer for Canadian citizenship by descent
A lawyer in a dark suit gestures across a wooden desk toward a client with clasped hands, beside law books, a gavel and a statue of Lady Justice.
The inheritance that isn’t money: What Canadian citizenship could mean for your American children and grandchildren
Two people look through a box of old black-and-white family photos on a wooden table, beside a hand-drawn family tree and a red maple leaf pin.
Eight clues in your family history that could mean you’re a Canadian citizen by descent
There are some clues that might indicate you're a Canadian citizen by descent under Bill C-3
Link copied to clipboard