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10+ Years of Litigation Experience
High success rate/complex cases
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Addressing an LMIA-Based Work Permit Refusal and the Importance of Expert Legal Assistance
Having received a work permit refusal from Immigration Refugees and Citizenship Canada (IRCC) can be very upsetting, especially when you have put your valuable time, efforts, and hope into your application. It may feel unfair, confusing, or even overwhelming. If you believe the decision was unfair or not made fairly, then the Federal Court of Canada always gives you the right to challenge it, through a Judicial Review of your application. However, the process is not that simple.
The Court does not reassess your application or give you a second chance to submit documents. Rather, it looks at whether the immigration officer made a fair and lawful decision. This involves strict legal rules, a timeline, and a detailed arguments for the Court to even hear your matter. That’s where an experienced Canadian Immigration Lawyer’s role becomes essential. They know exactly how to carefully review the refusal letters, find possible legal errors, and present strong, clear arguments to the Federal Court. They also understand how to navigate the complex court procedures so that your matter is properly addressed from the very start. To go through this process alone can be very risky.
A missed deadline, unclear argument, or lack of legal knowledge can mean losing your chance to overturn an unfair decision. In short, if you are facing a work permit refusal and want to challenge your Work Permit Refusal in the Federal Court, then having a knowledgeable immigration lawyer by your side can make all the difference in getting you fair outcome which you deserve.
If your LMIA-based work permit application has been refused, it’s important to take the right steps to address the situation and improve your chances of success. Here’s a concise summary of what needs to be done and why it’s crucial to involve an experienced Canadian Immigration Lawyer (Barrister) and law firm:
1. Review the Refusal letter:
- Carefully analyze the refusal letter to understand the reasons behind the decision. This will guide your next steps and help address the specific issues raised by immigration authorities. If your LMIA is still valid, you may reapply, however if the LMIA has expired the only recourse you have is to challenge the refusal in the Federal Court of Canada.
2. Gather Additional Information:
- Collect any additional documentation or evidence that may address the concerns outlined in the refusal. This might include updated employment information, additional proof of recruitment efforts, or revised job descriptions.
3. Prepare a Comprehensive Reapplication:
- Draft a detailed and well-organized response to the refusal. This should address each of the reasons for the refusal, providing clarifications or additional information as needed. Adding value by executing a Canadian Affidavit and submitting legal submissions by an Immigration Lawyer (Barrister) can be an effective way to increase your chances of success.
4. Consider Legal Recourse:
- If your reapplication does not lead to a favorable outcome, you may have the option to challenge the refusal in the Federal Court of Canada. This involves filing an application for judicial review to contest the decision on legal grounds.
Why You Need an Experienced Canadian Immigration Lawyer (Barrister) and Law Firm:
1. Expert Understanding of Immigration Law:
- Canadian immigration law is complex. An experienced Immigration Lawyer (Barrister) will provide expert guidance on addressing the refusal and ensuring that your response meets all legal and procedural requirements.
2. Effective Documentation and Response:
- A knowledgeable legal team will assist in gathering and presenting the necessary documentation effectively, crafting a response that addresses all refusal reasons and improves your chances of approval.
3. Skilled Representation in Federal Court:
- If a refusal leads to legal challenges, an experienced Immigration Lawyer (Barrister) can represent you in federal court, providing skilled advocacy to seek a favorable review of the decision. Mr. Fateh has over 10+ years of litigation experience and he will personally represent your case at the Federal Court of Canada.
4. Minimize Further Risks:
- Professional assistance helps prevent errors and omissions that could further jeopardize your application, ensuring that your case is presented in the best possible light.
See our videos regarding the LMIA-based Work Permit refusals, where we proudly share the voices of those who have experienced firsthand the dedication and expertise of our law firm. In these videos, you’ll hear directly about our clients about their journey with us, highlighting our services and the positive outcomes we’ve achieved together.
All videos are with Client’s consent and for information only. Please book a paid consultation for legal advice.
why choose us
10+ Years of Litigation Experience
Hight success rate/Complex Cases
India Office/Barrister Presence
Let's win together
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Our Client Reviews
We are thankful to Mr. Navratan Singh Fateh for getting our TRVs approved.
We had a complicated immigration history in the US, which was very well explained in the Canadian Affidavit executed by Mr. Fateh.
The legal strategy used by Mr. Fateh to submit our applications is commendable, and we are pleased with the positive outcome we have received from having our applications approved in the first go.
We highly recommend the professional services rendered at Fateh Law Corporation and the polite and friendly staff who patiently handled all our queries and helped us secure our visitor visas in time to participate in the wedding ceremony of the devotees.
