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

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.