A Specialized Knowledge Work Permit for an Experienced Professional (after initial rejection)

An Italian Professional On-Route to Canada

Our client, a highly skilled professional employed by a large multinational company in Luxembourg, contacted us to assist him and his employer to obtain a Canadian work permit, so he could undertake an important project with a global bank in Montreal in February 2022.

Other facts:

  • The skilled professional had advanced educational credentials, but had less than 3 years of work experience for his employer in Luxembourg.
  • The job offer was made under the high-skill stream (skill level A).
  • The employer’s compensation package did not meet the minimum wage requirements for this occupation; and
  • The immigration pathway had to be the most time-efficient one in order to meet the company’s operational needs.

After careful consideration of possible corporate immigration pathways, our lawyers proposed to apply for the LMIA-exempt Work Permit under CETA agreement as a Specialist (T44 exemption code).

The Timeline of the Case

  • October 20, 2021: The application for a work permit was submitted to the relevant visa office.
  • November 29, 2021: The application was rejected as the Visa Officer did not deem the foreign worker to fall under the Specialist category. The decision notes indicated that the Visa Officer took issue with the foreign worker’s limited employment experience with his employer in Luxembourg and, secondly, the compensation package provided to him was lower than the provincial median wage for this occupation.
  • December 6, 2021: Our law firm submitted a request for reconsideration with additional supporting evidence and submissions disagreeing with the Visa Officer’s reasoning, highlighting specifically that an applicant’s wage is merely one of several factors to be considered under this program, and that his advanced education coupled with his unique, specialized experience with the company qualified him as a Specialist
  • January 30, 2022: We adjusted our strategy, and the client’s application for a work permit (under T44 – Specialist) was approved by the CBSA officer at the port of entry in Toronto, who remarked that the previous rejection may have been due to the Visa Officer’s “bad mood”.

Lessons & Conclusions from the Case

Sometimes immigration applications are processed in a very quick and efficient manner. But, sometimes, applicants have to deal with overzealous visa officers who may overlook or misinterpret important evidence on the file. In such cases, the most important rule is to persevere, one officer’s overzealous refusal does not mean that a case does not have merit and cannot be successful.

At Sobirovs Law Firm, our corporate immigration lawyers do not give up easily on your immigration applications and will not hesitate to pursue your best interest, and work to get you the result you desire. Our extensive experience in dealing with a wide variety of business and corporate immigration programs allows us to confidently prepare immigration applications and expertly handle visa rejections and complicated situations.

Why Sobirovs Should Be Your Team-Mate In Your Immigration Journey

At Sobirovs, we always develop the most suitable immigration strategy for your foreign employees. Every employee is different, from nationality to personal background, which may affect the chosen immigration pathway. We understand that the success of your business depends on having the right employees in Canada at the right time and we are committed to working with you to make this happen! We never hesitate to rise above the call of duty to help you achieve your immigration and business goals – even if this means making several attempts or thinking a little more creatively to help you achieve your desired results.

In 2022, many Canadian businesses are venturing abroad to hire suitable personnel due to a nationwide shortage of talent. At Sobirovs Law Firm, we can help you streamline your international hiring process and take the hassle out of immigration.

With 3 easy steps, you will learn more about your options and be well on your way to hiring your foreign workers in these challenging times:

  • Step 1: Check your eligibility for business immigration programs using our Free Instant Assessment tool.
  • Step 2: Check our fees using our Fee Calculator. Don’t worry if the fees estimated by the Fee Calculator seem too high. We can give you a discount if your case is strong.
  • Step 3: Book a 1-hour Strategy Meeting with our senior business immigration lawyer to discuss your immigration case in more detail. If we take you as our next client after this meeting, the fee you paid for the meeting will be applied towards our legal retainer.

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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