Maple News reports that Canada’s Federal Court has upheld a decision by Immigration, Refugees and Citizenship Canada (IRCC) to deny a work permit application based on insufficient English language proficiency, despite the applicant having a valid job offer and a positive Labour Market Impact Assessment (LMIA).
The case involved an Iranian citizen with seven years of experience as a home design and renovation manager. In 2022, she signed an employment contract with a Vancouver-based construction company to work as a Residential Home Builder. Her responsibilities were to include scheduling, subcontractor management, and budget oversight—duties that inherently require effective communication.
The employer had secured a positive LMIA and was registered to hire temporary foreign workers through British Columbia’s Temporary Foreign Worker Program (TFWP). As part of her work permit application, the woman submitted her International English Language Testing System (IELTS) score, which was an overall band of 5.
An IRCC officer assessed her application and denied the work permit, stating that her language ability did not meet the implicit requirements of the job. The applicant sought judicial review, arguing that Canadian work permits do not specify a mandatory IELTS score and that the officer had failed to adequately describe how her language skills were deemed insufficient.
Despite these arguments, the Federal Court sided with IRCC. The judge determined that the officer’s assessment was fair and reasonable based on the nature of the job, which required more than basic English proficiency. The court emphasized that an IELTS score of 5 generally indicates only basic communication skills and that the applicant had not submitted any supplementary evidence to prove stronger language capabilities.
This case establishes an important precedent: even when there is no explicit language requirement and the employer holds a positive LMIA, language skills can still be grounds for work permit refusal. The core takeaway is that for roles demanding communication or coordination, applicants must demonstrate language abilities that align with their occupational responsibilities.
Maple News notes that this ruling could influence how similar applications are assessed in the future. Temporary foreign workers should proactively present clear evidence of their linguistic proficiency, especially when their roles involve supervisory duties or require interaction in English or French.