A resident of Iran, previously a home design and renovation manager for seven years, faced a setback in her quest for a work permit in Canada. Despite signing an employment contract as a Residential Home Builder with a Vancouver-based construction company, her application under the Temporary Foreign Worker Program (TFWP) was denied by an Immigration, Refugees, and Citizenship Canada (IRCC) officer due to her IELTS language test score of 5.
Challenging the decision through a judicial review, the applicant argued that there was no explicit “language requirement” for work permits, and the officer failed to clarify how her language skills were inadequate for the specified job duties. The Federal Court, however, sided with the officer.
The denial was grounded in the nature of her new position, where, according to the officer, meeting language requirements was deemed crucial given the responsibilities involved. The court supported this stance, noting that her “low” IELTS scores, coupled with a lack of alternative evidence supporting her language proficiency, justified the decision.
The court emphasized that an overall IELTS score of 5 demonstrated basic, rather than effective, communication skills, making the officer’s conclusion reasonable. This case highlights that a work permit may be declined based on language ability, even if explicit language requirements are not specified in the job description or if the employer has a positive Labour Market Impact Assessment (LMIA).
Immigration applicants are advised to furnish comprehensive information, including evidence of language proficiency, when completing applications. The outcome of this case underscores that applications may be strengthened by presenting additional proof of language skills beyond test scores, such as completion of English educational programs or evidence of English employment.
