{"id":2166,"date":"2026-11-11T03:57:17","date_gmt":"2026-11-11T03:57:17","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/negative-lmia-reconsideration-judicial-review\/"},"modified":"2026-11-11T05:26:56","modified_gmt":"2026-11-11T05:26:56","slug":"negative-lmia-reconsideration-judicial-review","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/negative-lmia-reconsideration-judicial-review\/","title":{"rendered":"Negative LMIA: the reasons ESDC gives, when to reapply, and when to go to the Federal Court"},"content":{"rendered":"

By Pardeep S. Grewal<\/a>, lawyer at Lawgical Law Corporation \u00b7 Reviewed November 10, 2026<\/em><\/p>\n

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<\/a>.<\/em><\/p>\n

Updated November 10, 2026: section 203 of the Regulations, ESDC’s “After you apply” page (modified August 4, 2026) and every published Federal Court decision on an LMIA from 2015 to November 2026 (31 decisions) checked that day.<\/em><\/p>\n

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The fix:<\/strong> read the reasons and the officer’s notes. If the refusal rests on gaps in your own ads or documents, file a better new LMIA. If the officer applied a guideline as a fixed rule, ignored your evidence or relied on something you never saw, apply for judicial review.<\/p>\n

The deadline:<\/strong> 15 days from the decision to apply to the Federal Court (IRPA s.72(2)(b)<\/a>). The employer applies from inside Canada, so the 15-day limit for a matter arising in Canada applies, as the Court confirmed in Seven Valleys<\/em>, 2017 FC 195.<\/p>\n

Why a lawyer:<\/strong> a second application that repeats the first one’s gaps usually fails the same way, and the court route has a short deadline. Why a lawyer<\/a><\/p>\n

Book a consultation<\/a><\/p>\n<\/div>\n

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The lawyers who review these refusals<\/p>\n

\"SundeepSundeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a>\"PrabhpreetPrabhpreet Kaur Sangha<\/span>Barrister and Solicitor<\/span><\/a>\"PardeepPardeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a><\/div>\n
\nAbout our lawyers<\/summary>\n
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Sundeep S. Grewal<\/a><\/strong> founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.<\/p>\n

Prabhpreet Kaur Sangha<\/a><\/strong> 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.<\/p>\n

Pardeep S. Grewal<\/a><\/strong> is an immigration and estates lawyer known for clear communication and practical strategy.<\/p>\n<\/div>\n<\/details>\n<\/div>\n

If Employment and Social Development Canada (ESDC) issued a negative Labour Market Impact Assessment, you cannot use it to support a work permit, and the processing fee is not refunded. Most negative LMIAs rest on the same few findings: not enough effort to hire Canadians, job requirements set too high, an offer that does not look genuine, or a wage below the local median. We reviewed every published Federal Court decision on an LMIA since 2015. Where the refusal rested on the employer’s own ads or documents, the Court usually upheld it. Where the officer treated a guideline as a fixed rule, ignored evidence, or relied on information the employer never saw, the Court usually set it aside. Which side of that line your refusal falls on decides what to do next.<\/p>\n

Lawgical Law Corporation<\/a>, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, prepares LMIA applications for employers and takes negative decisions to the Federal Court; this guide is by Pardeep S. Grewal.<\/p>\n

What does the officer assess?<\/h2>\n

Under section 203 of the Regulations<\/a>, the officer decides whether the job offer is genuine and whether hiring a foreign worker is likely to have a neutral or positive effect on the Canadian labour market. The labour market factors in section 203(3) include:<\/p>\n