A Reasonable Refusal: A Business Immigration Story and Its Lessons

We often share success stories, but this time, we’re telling you a different story. It’s not about an easy win or a perfect outcome. This is the story of a refusal, where the immigration officers had good reasons to say no. It’s important to talk about these stories, too, because they teach us just as much, maybe even more, about the journey of moving a business to Canada.

It’s an honest look at the realities of business immigration, a chronicle that may not boast the glory of success but symbolizes the richness of experience and the wisdom that comes with it.

Starting Point: A Turkish Entrepreneur’s Venture into Canada

In 2019, a journey began with a client from Turkiye who had a vision to expand his business, which was focused on promoting health through clean supplements and well-being products. His goal was clear: establish a branch of his business in Canada to better serve his North American clientele, bridging the time zone gap that hindered efficient communication.

With our assistance, he transitioned smoothly to the Canadian business environment, securing a work permit as an Intra-Company Transferee. This first step opened up new opportunities. By 2021, as his work permit was nearing its expiration, he came to us with a new request: he was ready to make Canada his permanent home and sought our help preparing his application for work permit extension and permanent residence.

Review and Submission of the Permanent Residence Application

After reviewing the client’s file, it became clear that the business had not advanced much in Canada. The client attributed this to the challenges brought on by the COVID-19 pandemic and certain personal issues that demanded his attention, which prevented him from achieving significant sales or securing new customers as he had hoped. We expressed our concerns to the client and advised that further progress was necessary for the success of his PR application. Our team provided detailed advice on the steps needed to strengthen his case.

Nevertheless, the client was eager to proceed and instructed us to go ahead with his permanent residence application. We prepared and submitted his application through the Express Entry program using the information available to us. We communicated to IRCC that the pandemic and personal hurdles were the reasons for the slow progress, assuring them that the client was actively working to boost his sales.

The Decision of the Case

The IRCC granted an extension for his work permit but denied his permanent residence application for two main reasons:

  • Insufficient evidence was presented to demonstrate the company’s establishment in Canada.
  • There was a lack of adequate proof to substantiate his role as the company’s president in Canada.

This was a moment of reflection for all involved. It reinforced the essence of business immigration: active engagement in business and the importance of thoroughly documented efforts.

In this case, we find ourselves in the rare position of agreeing with the decision of the IRCC. While we typically advocate fervently for our clients, it’s important to acknowledge when an outcome is fair. The evidence required to meet the IRCC’s stringent criteria was lacking, and as such, we respect their judgment in this instance. This decision has been a sobering reminder that our commitment to our clients includes providing not only support but also candid guidance on the realities of immigration law.

Lessons & Tips

While the case didn’t end in our favour, it’s crucial we don’t let the lessons and wisdom it imparted slip away. Each experience, especially the challenging ones, offers invaluable insights to guide us forward.

Here are the key takeaways:

  • Business immigration is not easy—it requires dedication and effort. Simply starting a business is not enough; you must be actively involved and make real progress to succeed in any business immigration program. Minimal effort or inactivity won’t suffice. It may offer only a minimal chance of success.
  • Document your business activities thoroughly. You need strong evidence to demonstrate to IRCC the work you’ve put into your business.
  • Choose the appropriate National Occupational Classification (NOC) for your role. If your position as President doesn’t meet the operational scale for NOC 00, it’s wiser to select an NOC that accurately reflects your responsibilities. Misrepresenting your role or the business’s status can lead to issues.
  • Keep your business operational throughout your application process and beyond. Closing or neglecting your business can negatively affect your immigration status.

Moving Forward with Resilience

No journey is without its trials, and in the world of immigration, refusals are part of the journey. They teach us, test us, but most importantly, they prepare us for a stronger comeback.

Today, our client remains in Canada, more motivated than ever. He’s building his business with renewed vigour, and we’re confident that he’ll soon be ready to present a robust case to IRCC once more.

Here for You

To all foreign entrepreneurs, remember the road to success is paved with resilience and hard work. We are here to walk that road with you by providing advice that’s not just competent but also sincere.

With honest, caring, and competent guidance, let’s transform your entrepreneurial aspirations into a Canadian reality. It’s better together. Let’s join hands.

Bringing You, Your Tech Talent & Your Business To Canada

Get started and make your first step towards Canada. Book your 1-hour strategy meeting with a licensed Canadian immigration lawyer.

Immigration to Canada can be very complicated for businesses, business owners, and foreign employees. Hiring business immigration lawyers with the skill, experience, and patience is often crucial to successfully navigating this complex process. The experienced professionals at Sobirovs Law Firm offer tailored legal services in all business and corporate immigration matters. Contact us for more information on how we can help you meet your immigration needs.

We have worked with & represented clients from all walks of life. Always just one call – or click – away, weʼre happy to help you begin your & your familyʼs journey to Canada.

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Our Clients Say…

Lucia Lu
Lucia Lu
I cannot say enough good things about Sobirovs Law Firm’s exceptional team. My work permit application was quite complex and underwent numerous tests, including a rejection from the first attempt. Feruza developed a tailored strategy that contributed to the best chance of success in the resubmission, and her entire team presented my case with unparalleled expertise and genuine care. I want to express my heartfelt gratitude to Maggie, a phenomenal consultant who supported me in every step of the application, took the time to understand my unique situation and answered all my questions patiently. Her in-depth knowledge of the work permit program, proficiency in preparing my application and professional communication were reassuring and truly remarkable. Thanks to your team’s extraordinary work, I can now pursue my business goals in Canada with peace of mind. I am grateful for your hard work and the compassionate support you provided throughout this journey. You have my highest recommendation without any reservations.
Nomin Dunburee
Nomin Dunburee
I had the pleasure of collaborating with the highly skilled professionals at Sobirovs to achieve my goals. Feruza's extensive expertise was invaluable, as she guided me through the most suitable pathway for my business immigration. I am profoundly grateful for choosing Sobirovs and highly recommend their exceptional services!
Bimal Banik
Bimal Banik
I really appreciate Sovirovs professional services ,I am truly happy and satisfied with their team work .I wish them all the best
Amirov Temur
Amirov Temur
I am happy with the help I got from Sobirov Law Firm. They were always there for me : answering my questions and giving me support through the visa application process and with general immigration related questions. They made everything easier and were quick to respond whenever I needed them. I would recommend Sobirov Law Firm to anyone needing visa assistance for Canada. I trusted them, and did not regret! Thanks for all your help! I hope for further cooperation with you.
Yuri l
Yuri l
I would like to express my sincere gratitude to Ms. Feruza Djamalova, Ms. Judy Le and the entire team of Sobirovs Law Firm for their highly professional and excellent work in the complicated process of obtaining approval of our application for the business immigration program. I had several previous refusals over the course of 5 years. At that point, I contacted Sobirovs Law Firm. Their knowledge, competence, and perseverance turned my application into a success! My case was dealt by Feruza and Judy and I sincerely appreciate what an incredible job they have done and how much they have helped us. I believe they have a special gift and talent for assisting their clients. I want to particularly thank Judy for her patience and attention to detail in our case and also for thanks to her diligence, skill and attention to detail. I highly recommend Sobirovs Law Firm to anyone who wants to move to Canada using Business Immigration Programs and is looking for an immigration law firm capable of making a dream come true. They are highly professional and specialized in this field. I would like to extend my heartfelt thanks for their support.
Syed Namdaar Ali
Syed Namdaar Ali
My experience with Sobirov's was very rewarding. Starting from LMIA to Work permit it was a smooth sail. The entire team especially Yulia prepared my case painstakingly. They guided me on every little detail. Special thanks to Feroza, Farukh, Madina and the entire team for making this happen.
Bhrushank Ved
Bhrushank Ved
I had an amazing experience with the Sobirovs in applying for my C11 Work Permit. Feruza, Maggie, Judy and Yulia planned every step of the way and made the process a breeze. Benjamin was also quite knowledgeable and assisted me with the business plan for my application. I recommend Sobirovs team if you plan to expand your existing business or start a new business in Canada. Highly recommended!
Senol Ercetin
Senol Ercetin
Dear Sobirovs Team, I would like to thank you (Yulia, Faruk, Feruza, Madina) for taking care of us closely in obtaining the necessary work permits for the establishment of the Canadian branch of our company and the necessary visas for our family. You have carried out a flawless process. With sincere regards
Rakesh Shrivastava
Rakesh Shrivastava
I had a great experience working with the Sobirov Law Firm. The entire team was professional, prompt, and meticulous in their approach. We started working with them on LMIA under GTS of the Temporary Foreign Worker Program. The time it took from creation of an Incorporation to submission and approval of our application was around 8 weeks. Work Permit approval took another 2 weeks. They also helped us get shared office space since it was a new experience for us. They guided us in finding a payroll service provider and a realtor to help with the relocation of the foreign employee. My sincere thanks to Feruza Djamalova and Rakhmad Sobirov (Attorneys), and Yulia Kan (Team Lead).


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