Migratio Canada · Guides · Find consultants · For consultants

Work Permit Refused in Canada: What Happens Next

There is no appeal from a work permit refusal. IRCC's two stated options are to apply again with new information or to seek judicial review in the Federal Court, which has a 15-day deadline for decisions made in Canada and 60 days for decisions made outside it. If you were in Canada, your right to keep working usually ends on the day of the decision.

A work permit refusal usually arrives with a start date already agreed and, often, a job waiting. The letter is short. What it doesn't say is what you can still do, how long you have, or whether you may keep working.

This guide sets out how the rules work: the legal tests an officer applies, what IRCC says your options are, what the court deadlines are, what happens to your status if you were already in Canada, and what a new application costs. It explains the rules. It doesn't say what you should do with your own file.

The tests an officer applies

Work permits are issued under section 200 of the Immigration and Refugee Protection Regulations (IRPR). An officer "shall issue" a permit if, after an examination, it is established that:

  • you applied in accordance with the application rules in Division 2 of that Part;
  • you will leave Canada by the end of the period authorized for your stay;
  • you fall into one of the groups in section 200(1)(c). For example, you intend to do work described in section 204 or 205, or you have an offer of employment that an officer has found to be genuine, or your offer has received a positive determination under section 203; and
  • if you must have a medical examination, the medical requirements are met.

Section 200(3) then lists situations in which an officer "shall not" issue a permit. Among them:

  • there are reasonable grounds to believe you are unable to perform the work sought;
  • the work is likely to adversely affect the settlement of a labour dispute in progress or the employment of any person involved in it;
  • you have engaged in unauthorized study or work in Canada, or failed to comply with a condition of a previous permit, unless a set of exceptions applies (more on this below);
  • where an officer has to confirm that an offer is genuine, the fee in section 303.1 hasn't been paid or the information in section 209.11 hasn't been provided before you apply; and
  • the employer regularly offers striptease, erotic dance, escort services or erotic massages.

For jobs that need a labour market assessment, section 203(1) asks the officer to decide, using an assessment from Employment and Social Development Canada and other information, whether the job offer is genuine and whether the employment is likely to have a neutral or positive effect on the labour market. One of the listed requirements is that neither the employer nor anyone recruiting for the employer has charged the worker recruitment fees, apart from specific exceptions in the regulations.

Section 200(5) sets four factors for deciding whether an offer is genuine: whether the employer is actively engaged in the business the offer relates to, whether the offer is consistent with the employer's reasonable employment needs, whether the employer can reasonably fulfil its terms, and the employer's past compliance (and that of any recruiter) with the federal or provincial laws regulating employment and recruitment.

An applicant also needs to meet the general rules for entering Canada as a temporary resident. Section 179 of the IRPR says a temporary resident visa is issued if, among other things, you will leave Canada by the end of your authorized stay, hold a passport or other document you can use to return to the country that issued it, meet the requirements for the class, and are not inadmissible.

Which of these tests an officer relied on is the key fact in a refusal. The refusal letter and, since 2025, the officer's decision note (covered below) are where to look for it.

There is no appeal. What IRCC says the options are

IRCC's help centre page for refused temporary residence applications says there is no formal appeal process. It gives two options, and it dates the page 28 September 2026:

  1. Apply again. IRCC says to do so only if "your situation has changed significantly" or you have new information that will address the reason you were refused.
  2. Apply to the Federal Court of Canada for judicial review, if you believe the decision was unreasonable or involved an error in law or in fairness.

Neither option is automatic, and neither pauses the other. A court application doesn't stop you from filing a new work permit application, and a new application doesn't stop a court deadline from running.

On reapplying, IRCC's separate help centre answer (modified 28 September 2026) says: "If we refuse your application to come to Canada, you can apply again at any time, unless your decision letter says you can't." It adds that you should only apply again if you can include information you didn't include before, and that if you had legal status and lost it, "you have a small amount of time to re-apply," with details in your decision letter. So the decision letter matters twice: it names the reason, and it may set a condition on reapplying.

Judicial review: the 15-day and 60-day clocks

Judicial review is not a second look at the whole file. The Federal Court looks at whether the decision was lawful and fair and whether it was reasonable on the record. It doesn't re-decide your eligibility and it doesn't hear a fresh version of your story.

The deadline comes from section 72(2)(b) of the Immigration and Refugee Protection Act (IRPA). The application for leave has to be served and filed within:

  • 15 days, for a matter arising in Canada; or
  • 60 days, for a matter arising outside Canada,

counted from the day you are notified of the decision or otherwise become aware of it. A judge may allow more time "for special reasons" (s.72(2)(c)), but that is a request to the court, not a right. There is no appeal from the Federal Court's decision on the leave application or on an interlocutory judgment (s.72(2)(e)).

Whether a matter "arises" in Canada or outside it is a legal question, and the two periods are very different. If the date matters, a lawyer can confirm which one applies to you; don't assume the longer one. Only a lawyer (or you, representing yourself) can act in the Federal Court; an RCIC cannot.

The existing guide on this site, Judicial Review of an IRCC Refusal, sets out the court process in more detail.

Getting the officer's reasons

Refusal letters often tick a box with a short ground. IRCC's page on officer decision notes (page date 27 August 2026) says that most temporary resident applications decided since 29 July 2025 now come with the officer's decision note when they are refused. Work permits and work permit extensions are on its list, along with visitor visas, visitor records and study permits and their extensions. The note and refusal letter go to the applicant or their authorized representative.

IRCC says it may remove portions of a note to protect secure, private or other sensitive information. If you apply for judicial review, IRCC says to state in your application that you have not received the reasons, even if you have a decision note, so that the Court can ask for the complete reasons under Rule 9 of the Federal Courts Citizenship, Immigration and Refugee Protection Rules and see whether anything was removed.

If a note isn't enough, or the decision pre-dates the change, a request for your file under access to information law is another route. That is covered in the guide on officer notes.

Reapplying: fees, waiting and the six-month rule

IRCC's fee list (date modified 21 September 2026) shows these amounts for a new application:

  • work permit, including extensions, per person: $155;
  • open work permit holder fee, where the permit is an open one: $100;
  • biometrics: $85 per individual, or $170 per family of two or more eligible people.

The fee list says the right of permanent residence fee is the only fee that can be refunded after processing starts. A new work permit application means a new set of fees.

Two rules affect the timing of a new application.

First, the decision letter. IRCC says you don't have to wait before reapplying unless the letter says you must.

Second, section 200(3)(e) of the IRPR. If you have worked or studied without authorization, or failed to comply with a condition of a previous permit, an officer "shall not" issue a work permit unless one of these applies: six months have passed since the unauthorized work or study (or the failure to comply) stopped; the work or study was unauthorized only because you didn't comply with specific conditions imposed under section 185 (the period of stay, the type, employer or location of work, or the studies you may do); section 206 applies to you; or you were later issued a temporary resident permit. In other words, working after your authorization ended can create its own barrier on top of the original refusal.

A new application also has to deal with whatever the first one lacked. Applications that are incomplete can be rejected rather than refused. IRCC's guide for visitors (page date 5 June 2026) says an application rejected as incomplete "is considered to have never been submitted", so the applicant has to apply again. A rejection isn't a decision on the merits, and the court deadlines above are for decisions, not rejections.

If you were in Canada when it was refused

For people already in Canada, the refusal of an extension raises a second question: what is your status now?

Under section 183(5) of the IRPR, if you applied to extend your stay and no decision has been made by the end of your authorized stay, the period is extended until the day a decision is made, if the application is refused, or until the end of the new period, if it is allowed. Section 183(6) says you keep your status, subject to other conditions, during that extended period. This is what people call maintained status. Section 186(u) lets you keep working, without a new permit, until a decision is made on your section 201 renewal application, if you stayed in Canada after your permit expired and kept complying with the conditions of the expired permit.

The consequence of the wording is that the authorization to work lasts "until a decision is made." IRCC's worker guide (page date 5 June 2026) says it directly: if your application is refused, you can only stay in Canada until the expiry date of your current temporary resident status. Working after the refusal date, when the old permit has already expired, is work without authorization, and it is the situation section 200(3)(e) describes.

Three further points:

  • IRCC's pages say temporary resident permit applicants do not get maintained status.
  • Where the permit expired before the refusal and the status was lost, a separate application to restore status may be available if it is made within 90 days. The guide on restoration of status explains that rule and its fees.
  • Maintained status has rules about leaving Canada, changing employers and proof for your employer. The guide on maintained status covers them.

If you were outside Canada, none of this applies. The refusal means you don't have a permit, and the options above are the whole of what IRCC describes.

When people bring in a regulated adviser

People often look for licensed help when the letter cites a ground they don't understand, when status is running out, when a second refusal looks likely, or when the 15-day court deadline applies. An RCIC or a lawyer can represent you on a new application; only a lawyer can act in the Federal Court. A regulated adviser's work typically starts with reading the refusal letter and the officer decision note against the legal tests above. The advice is theirs to give. This page only sets out the rules.

Before you pay anyone, check them on the register. The guide on checking an RCIC licence explains how, and the guide on unlicensed consultants lists the warning signs.

Find a regulated adviser

Migratio's directory lists only advisers who have signed up with us and who show "Entitled to Practise: Yes" on the live CICC register at https://register.college-ic.ca/, or who are in good standing with a law society. Each is linked to the official register. Migratio is not an immigration consultant, doesn't give immigration advice and doesn't take part in your application. You can search the directory for a regulated adviser and compare what each one charges for a consultation before you book.

Questions people ask

Can I appeal a refused work permit in Canada?

No. IRCC's help centre says there is no formal appeal process for temporary residence applications. The options it gives are to apply again with new information or to apply to the Federal Court for judicial review.

How long do I have to challenge a work permit refusal in court?

Under IRPA s.72(2)(b), 15 days for a matter arising in Canada and 60 days for a matter arising outside Canada, counted from when you are notified of the decision. A judge can allow more time for special reasons.

Can I apply for a work permit again straight after a refusal?

IRCC says you can apply again at any time unless your decision letter says you can't, but you should only do so with information you didn't include before. Fees apply again: $155 for the work permit, plus $100 for an open work permit holder fee if the permit is an open one (fee list, 21 September 2026).

Can I keep working after my work permit extension is refused?

Work authorization under maintained status lasts until a decision is made. IRCC says that if an application is refused you can only stay until your current status expires, so work after that date would be unauthorized.

Will I get the officer's reasons?

For most temporary resident applications decided since 29 July 2025, including work permits and extensions, IRCC sends the officer's decision note with the refusal letter. Parts may be removed.

Sources

Last checked 2026-10-09.

Related guides

  • Judicial Review of an IRCC Refusal: The 15-Day and 60-Day Deadlines — To challenge an IRCC decision in the Federal Court you first need leave. The application must be filed within 15 days if the matter arose in Canada, or 60 days if it arose outside Canada, after you're notified (IRPA s.72). Any appeal right, such as an IAD appeal, must be used first.
  • Maintained Status in Canada: Working and Studying While You Wait — If you apply to extend your stay before it expires and IRCC hasn't decided by the expiry date, IRPR s.183(5) extends your authorized stay until the day of the decision and you keep your status and conditions. You can keep working or studying only under the same conditions, you must stay in Canada, and the right ends on the day a refusal is made.
  • Restoration of Status in Canada: The 90-Day Window — If you lose temporary resident status, IRPR s.182 lets an officer restore it if you apply within 90 days and meet the conditions. IRCC's fees are $246.25 for a visitor, $396.25 for a student and $401.25 for a worker (restoration plus permit), and you may not work or study until the restoration and any permit are approved.
  • Getting Your GCMS and Officer Notes After a Refusal — Since 29 July 2025 IRCC sends an officer's decision note with refusal letters for most temporary resident applications, and since 26 May 2026 for most permanent resident applications. Other notes in your file can be requested through access to information or privacy requests, which have a 30-day response period and a $5 application fee for access-to-information requests.
  • Study Permit Refused: Reapply, Seek Review or Rethink — There's no appeal from a study permit refusal. The options are a new application (which needs a new provincial or territorial attestation letter in most cases) or judicial review in the Federal Court within 60 days from outside Canada or 15 days from inside. Students in Canada also need to check their status.
  • Canada Visitor Visa Refused: What Your Options Are — There's no appeal from a visitor visa refusal. IRCC says you can apply again at any time unless your letter says otherwise, but only new information that addresses the refusal reasons is likely to change the result. The court route is judicial review in the Federal Court.
  • How to check an RCIC licence on the College's Public Register — Search the consultant on the College of Immigration and Citizenship Consultants Public Register (register.college-ic.ca). Only people with an "Active" status and "Yes" in the "Entitled to Practise" column may legally give you immigration advice for a fee. Then contact them using the details on the register, not the ones in an ad or a message.