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LMIA work permit refused because you “will not be able to perform the work” or the offer is doubted: what officers look for and what to do

By Pardeep S. Grewal, lawyer at Lawgical Law Corporation · Reviewed November 10, 2026

Published

Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia.

Updated November 10, 2026: section 200 of the Regulations and the Federal Court’s decisions in Hayer (2025) and Gill (2026) checked that day.

The fix: prove the experience and skills the job actually needs, with documents an officer can verify. If the officer ignored proof you sent, judicial review.

The deadline: 60 days from the refusal to apply to the Federal Court from outside Canada, 15 days from inside (IRPA s.72).

Why a lawyer: a positive LMIA is not enough on its own to get the work permit. The officer decides separately whether you can do the job, and the evidence you file the first time is what the Court will look at. Why a lawyer

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The lawyers who review these refusals

Sundeep S. Grewal, Barrister and SolicitorSundeep S. GrewalBarrister and SolicitorPrabhpreet Kaur Sangha, Barrister and SolicitorPrabhpreet Kaur SanghaBarrister and SolicitorPardeep S. Grewal, Barrister and SolicitorPardeep S. GrewalBarrister and Solicitor
About our lawyers

Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.

Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.

Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.

If your work permit was refused even though your employer had a positive LMIA, the officer probably found one of two things: that there were reasonable grounds to believe you are “unable to perform the work sought” under section 200(3)(a) of the Regulations, or that the job offer was not genuine. The LMIA is about the Canadian labour market. Whether you personally can do the job is a separate question for the visa officer, who is not bound by the employer’s requirements, the LMIA or the NOC description. The answer is almost always evidence: proof of real experience in the same work, from sources the officer can check.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, prepares LMIA-based work permit applications and takes refusals to the Federal Court; this guide is by Pardeep S. Grewal.

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What is the officer assessing?

  • Ability to do the job (IRPR s.200(3)(a)): a permit is not issued if there are reasonable grounds to believe you are unable to perform the work.
  • A genuine offer (s.200(5)): whether the employer is actively operating, the offer fits its real needs, and it can meet the terms.
  • Leaving at the end of the stay (s.200(1)(b)): often added to the same refusal.

Typical officer wording: “I am not satisfied that the applicant will be able to adequately perform the proposed work.”

Why this needs a lawyer

One lawyer, one file, every step:

  • reading the officer’s notes to see exactly what was doubted;
  • a new application with verifiable proof of experience and skills;
  • judicial review where the officer ignored evidence you filed;
  • working with the employer on the offer and training details.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only lawyers can appear for you in the Federal Court.

What has the Federal Court said?

Evidence ignored: refusal set aside. In Hayer v. Canada (Citizenship and Immigration), 2025 FC 1526, a floor covering installer with an LMIA from a Brampton employer filed an employer letter listing eight years of specific installation duties. The officer found “limited supporting documents”. On September 16, 2025, the Court set the refusal aside: there was “no rational chain of analysis” between that evidence and the conclusion, and missing pay slips could not justify a refusal the officer never explained.

No relevant experience: refusal upheld. In Gill v. Canada (Citizenship and Immigration), 2026 FC 659, a taxi driver with no farm experience applied as a general farm worker. The Court dismissed his challenge on May 22, 2026. Even for a labouring job with no stated experience requirement, officers may “independently assess” whether an applicant can do the work, and general statements about growing up near farms were not enough.

The lesson I take from these cases is that the experience has to match the job, and it has to be on paper the first time: detailed employer letters with duties, and records that back them up.

What are my options?

  1. Judicial review if you filed clear proof and the officer ignored it or gave no real reason.
  2. A new application with stronger evidence: a detailed experience letter, pay records, tax or pension records, training certificates, photos of work, and any licence the job needs.
  3. Have the employer explain the training it will provide and who pays for it, if the job needs a licence or course in Canada.

These refusals at a glance

Question Answer Source
Is a positive LMIA enough for the permit? No IRPR s.200, s.203
Can the officer ask for more than the NOC or LMIA? Yes, to assess ability to do the job Gill, 2026 FC 659
Can the officer ignore clear proof of experience? No Hayer, 2025 FC 1526
Court deadline 60 days from outside Canada; 15 days inside IRPA s.72(2)(b)

Worked example: the cook

Example. A cook in Manila with an LMIA from a Surrey restaurant is refused because the officer was not satisfied she could do the work. Her only proof was a one-line letter. On Monday, December 14, 2026, she reapplies with a detailed letter from her head chef listing her duties and dates, two years of payslips, her social security contribution record, her culinary certificate and photos of her station.

Mistakes I have seen

  • I have seen applicants rely on a one-paragraph employment letter with no duties.
  • I have seen experience in a different job presented as if it were the same work.
  • I have seen applicants for trucking jobs say nothing about the licence and training required in the province.

Frequently asked questions

The job doesn’t require experience. Why was I refused?

The officer still decides whether you can do it. For physical or technical work, show related experience, training or skills.

Should my employer get a new LMIA?

Usually not, if the LMIA is still valid. The problem is the evidence about you, not the labour market.

Can I ask for the officer’s notes?

Yes. They now often come with the refusal, and they are also in the court record if you apply for judicial review.

See our guides on work permit refusals in general, a negative LMIA and a fake job offer or LMIA.

What should I do right now?

Read the officer’s notes and list exactly what was doubted. Count the court deadline. Gather records that prove your experience in this exact work.

Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

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Sources (official)

This article is general information, not legal advice. Every case depends on its own facts.