Persons making applications for work permits in Canada must ensure that they offer all applicable data, which comprises proof of their language skills.
In a current judgment by the Canadian Federal Court, a national of Iran experienced the refusal of her work permit application due to her International English Language Testing System score, which remained at 5. This refusal sheds more light on the significance of language skills when applying for work permits in Canada.
Table of Contents
The Setting
The candidate possesses a remarkable setting as a home design and renovation executive with seven years of skills. In 2022, the lady signed an employment agreement to work as a Residential Home Builder with a building firm in Vancouver, British Columbia. Her new position had to do with essential obligations, which included strategizing and getting ready for work appointments, choosing and hiring trade subcontractors, and managing funds.
The building firm had obtained a favorable LMIA, which enrolled them to employ temporary International employees in BC. Afterward, the candidate applied for a work permit under the Temporary Foreign Worker Program to meet her employment requirements.
The International English Language Testing System Score Challenge
As an aspect of her work permit request, the candidate presented the results of her IELTS language exams, which scored 5. Hence, her application reached a roadblock when the IRCC official appointed to her case refused her work permit based on her language capacities. Responding to this judgment, the candidate opted for a judicial check.
Should you find this piece engaging, we kindly invite you to explore the wealth of content in our other articles:
The Legal Combat
In her challenge, the candidate debated that work permits did not possess particular language provisions. She questioned the official’s oversight to clarify how she had not accurately indicated her capacity to execute the job. Again, she argued that there was no proof accompanying the official’s assertion that her language proficiency needed to be more accurate for the planned job.
Notwithstanding her assertions, the Federal Court defended the official’s judgment. The tribunal concurred with the official’s perspective that her IELTS score, which was perceived as low, neglected to satisfy the essential language provisions for her new role. Based on the court, An IELTS score of 5 symbolized primary instead of impacting communication experience. Therefore, the official’s specification that her IELTS score proof was insufficient to satisfy the role provisions was justified.
Consequences of the Judgement
The result of this case significantly affects work permit candidates in Canada; the refusal of a work permit due to language skills can be true, even if the employment narration does not thoroughly list language provisions or if the employer has obtained a favorable Labor Market Impact Assessment.
Suggestion for Applicant
In light of the situation, persons making applications for work permits in Canada must ensure that they offer all applicable information, which has to do with proof of their language skills. To boost their request, candidates may desire to complement their language exam scores with extra evidence of language competence. This may have to do with records of concluding English academic courses or demonstrating their preferred English language job skills.
In the ever-growing topography of relocation regulations, candidates need to get ready and submit extensive applications, indicating their capacity to satisfy the language provisions of their planned roles.
