{"id":2194,"date":"2026-11-11T05:21:56","date_gmt":"2026-11-11T05:21:56","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/lmia-work-permit-refused-able-to-perform-work\/"},"modified":"2026-11-11T05:21:56","modified_gmt":"2026-11-11T05:21:56","slug":"lmia-work-permit-refused-able-to-perform-work","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/lmia-work-permit-refused-able-to-perform-work\/","title":{"rendered":"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"},"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 200 of the Regulations and the Federal Court’s decisions in Hayer (2025) and Gill (2026) checked that day.<\/em><\/p>\n

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The fix:<\/strong> prove the experience and skills the job actually needs, with documents an officer can verify. If the officer ignored proof you sent, judicial review.<\/p>\n

The deadline:<\/strong> 60 days from the refusal to apply to the Federal Court from outside Canada, 15 days from inside (IRPA s.72<\/a>).<\/p>\n

Why a lawyer:<\/strong> 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<\/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 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.<\/p>\n

Lawgical Law Corporation<\/a>, 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.<\/p>\n

What is the officer assessing?<\/h2>\n