By Laura Schemitsch, Canadian Immigration and Refugee Lawyer, Heron Law Offices
Heron Law Offices recently assisted our clients in overcoming their study permit and “C42”work permit refusals through judicial review in Federal Court.
Background with Refusals
The Principal Applicant was applying for their study permit from outside Canada, and their common law partner was applying for a labour market impact assessment (LMIA) exempt work permit through the International Mobility Program (“IMP”). Under sections 204 to 208 of the Immigration and Refugee Protection Relations, an Officer may issue a work permit to a worker who does not require an LMIA. The “C42” LMIA exemption enables spouses or common-law partners of certain study permit holders to apply for an open work permit to accompany their partner and support themselves while their partner completes their studies. The original applications were submitted in March 2023 with the assistance of a previous representative.
Our clients approached us following the refusal of their study permit and work permit applications in May 2023. Despite providing a detailed application with supporting documents regarding the Applicant’s intended post-secondary study program and intention to return to their home country, the study permit applications was refused on the grounds that the Applicant would not leave Canada at the end of their stay, had insufficient finances, family ties in Canada, lack of purpose of visit, and lack of financial establishment in their country of residence. Their common-law partner’s work permit was refused on the grounds that the purpose of the visit was not consistent with a temporary stay.
How We Assisted Our Clients
We assisted our clients by filing an Application for Leave and Judicial Review in Federal Court within the 60-day time limit for decisions made outside of Canada. We also assisted our clients in obtaining Global Case Management System (“GCMS”) notes for further insight into the Officer’s reasons. We explained why the Officer’s decisions were unreasonable in our Memorandum of Law and Argument. In August 2023, we received a settlement offer, and upon our clients’ instructions, the applications were reopened with Immigration, Refugees and Citizenship Canada (“IRCC”).
Re-Opening and IRCC Request Letter
The Applicants received a generic request for updated documents for the re-opening in September 2024. We assisted the Applicants in providing a package to IRCC with updated documents that addressed all of the Officer’s concerns in the initial refusal. This package was submitted in January 2025. In March 2025, the Applicant received a follow-up request letter, which noted that “many colleges and universities in Canada are dramatically changing the programs of study offered. Please provide documentation that the planned course of studies will still be offered.” We assisted the Applicant in providing updated documents from the learning institution to indicate that the program would proceed as planned in May 2025.
Fortunately, the Applicant was provided with a Letter of Introduction and recently arrived at the airport with their common law partner in order to begin their program as scheduled, and both were issued their respective permits.
It is worth noting that there have been major changes to the international student program and many LMIA-exempt work permits. In particular, as of January 21, 2025, only spouses of international students in doctorate programs, certain eligible programs or professional programs, and Master’s programs of 16 months or longer are eligible for a C42 open work permit.
If you have received a refusal you think may be unreasonable, or you have questions about pursuing a study or work permit, contact Heron Law Offices for a consultation to discuss your options further: info@heronlaw.ca
