This article discusses a case in which a work permit application was refused due to a low IELTS score, highlighting what this means and how Visa JP Canada handles such situations to prevent similar outcomes.

Background Leading to the Lawsuit

An Iranian woman had worked for seven years as a manager in residential design and remodeling in her home country. In 2022, she secured a job offer as a residential contractor from a construction company in Vancouver. Her job duties included planning and creating work schedules, selecting and hiring subcontractors, and managing budgets.

The construction company applied for a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada, which was approved, allowing them to hire a foreign worker in British Columbia. With the positive LMIA letter, she applied for a work permit from Iran, submitting her IELTS test score of 5.0 as part of the supplementary documents.

However, the immigration officer responsible for her case refused her work permit application, citing insufficient language proficiency. She contested the decision by filing a lawsuit against the immigration authorities.

Court Ruling

During the trial, the woman argued that there were no specific “language requirements” for the work permit application. Additionally, she pointed out that the officer had failed to explain why she could not perform the job requested by the Canadian employer and had not provided evidence to support the officer’s claim of insufficient language ability.

However, the Federal Court upheld the decision made by the immigration officer, ruling that the refusal of the application was valid. The immigration officer, based on the responsibilities of her planned job in Canada, had reasonably concluded that a certain level of language proficiency was necessary.

The court stated that the IELTS score of 5.0 was considered to reflect “beginner” communication skills rather than business-level proficiency, and without additional supporting evidence to demonstrate her language capabilities, the refusal was justified.

This case highlights the importance of thoroughly providing relevant evidence when submitting visa applications. Even if a job does not explicitly state language requirements or if a positive LMIA letter has been obtained, applicants may still face refusals based on their language abilities.

When preparing visa applications, it is crucial to submit all relevant information. In this case, the applicant’s IELTS score alone was insufficient to meet the language requirements for the position. Applicants should consider submitting additional evidence of their language proficiency, such as completion certificates from English language programs or written explanations in English, to strengthen their application.

Simply submitting the “minimum required” documents, as outlined on the immigration website, often isn’t enough. At Visa JP Canada, our immigration consultants evaluate each applicant’s specific situation and advise on the appropriate documents to submit. By providing comprehensive evidence to the immigration authorities, we help reduce the risk of application refusals.