VISITORS AND TEMPORARY RESIDENTS - Temporary entry - Foreign workers - Permits

Law360 Canada (August 2, 2023, 5:50 AM EDT) -- Application by Carciu for judicial review of visa officer’s decision refusing his application for a work permit. The applicant, Carciu, a permanent resident of Greece, was offered a position as a bricklayer that required a low written and verbal ability in English. The officer denied the work permit on the basis that the applicant had not demonstrated that he would be able to adequately perform the work given and that there was insufficient ability in the language of the proposed employment. Further, the officer stated that he was not satisfied that the applicant would depart Canada at the end of the period authorized for his stay. In contrast, the applicant stated that he was interviewed by the company, and it determined that his English skills were sufficient for the job. The applicant argued that the officer failed to offer any justification for the refusal of his application. He further stated that the officer failed to consider that he intended to apply for permanent residence. His proposed employer submitted a letter confirming the company intended to support his permanent residence application. However, the respondent submitted that the applicant’s failure to provide proof of his English language proficiency supported the officer’s finding that he would not leave Canada as he had not demonstrated the ability to perform the work sought....
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