Overview
Work experience evidence ignored in an LMIA work permit
Shakeel Khan Mohammad applied for an LMIA-supported work permit and supplied employer reference letters, training certificates and pay evidence. The officer focused on missing bank statements and tax documents without explaining why the filed evidence was inadequate. The Federal Court set the refusal aside.
Terms used on this page
Legal language without the legalese
LMIA
An Employment and Social Development Canada assessment of the likely labour-market effect of hiring a foreign worker.
Understand LMIAsAbility to perform the work
The officer's assessment of whether the applicant has the education, experience or licensing needed for the offered position.
Reference letter
An employer record describing employment dates, duties, hours and compensation; its contents and reliability matter.
What happened
The application contained employment proof, but the refusal concentrated on financial records that had not been supplied.Source [1]
Mr. Mohammad had a job offer supported by a positive LMIA. To prove his past experience, he filed reference letters, certificates and pay-related material.
What the applicant argued
He argued that the officer failed to assess the documents on file and never explained why bank deposits or tax records were indispensable.Source [1]
The application did not rest on a bare assertion of experience; the dispute was the treatment of the corroborating record.
What the Minister argued
The Minister said the applicant bore the burden of proving that he could perform the offered job.Source [1]
That burden was not disputed. The question was whether the reasons showed a rational assessment of the evidence used to meet it.
What the Court decided
The Court found the refusal unreasonable because the officer did not grapple with the submitted proof or justify the demand for particular financial records.Source [1]
Reasons must explain why material evidence does not answer the concern. Listing absent documents without assessing the documents present was not enough.
What the result actually meant
The application returned to a different officer; neither the LMIA nor the judgment guaranteed a work permit.Source [1]
The new decision-maker still had to assess eligibility, admissibility and the reliability of the work record.
Our analysis: use several independent traces of the same job
A strong work record lets the officer cross-check dates, duties and pay across reference letters, payroll, tax, banking and social-insurance material. Mohammad does not make any one document universally sufficient.Source [1]
Where a normal document does not exist, the application should say why and provide the best lawful substitute instead of leaving the gap unexplained.
- Match duties to the offered occupation.
- Reconcile dates across every record.
- Explain unavailable tax or banking documents.
- Preserve the exact package filed.
A positive LMIA is not proof of the worker's qualifications
The LMIA assesses the employer's labour-market request; the work-permit officer assesses the foreign national.Source [2]
Both parts of the process can succeed or fail for different reasons.
When to get legal advice
Work-experience disputes need an evidence strategy, not a longer pile
An immigration lawyer can identify the legal requirement, test whether the documents prove it and explain a missing record without creating a credibility problem.
The employer has closed or will not issue a detailed letter.
Pay was in cash or financial records are incomplete.
Duties differ from the job title.
A refusal ignores filed evidence.
A focused question may only need 15 minutes.
Use the time to identify the issue, any immediate risk and the next sensible step. If the matter needs more work, the lawyer can explain the proposed scope before you decide whether to proceed.
Read what an immigration lawyer can do and how an immigration law firm may handle further work.
Frequently asked questions
Questions about work experience evidence ignored in an lmia work permit
Does a positive LMIA prove the applicant can do the job?
No. The worker must still satisfy the work-permit officer about qualifications and admissibility.
Are bank statements always required to prove work?
No universal rule arose from this case. The officer must assess the evidence filed and explain why additional records are necessary in the particular file.
Did Mr. Mohammad receive a permit from the Court?
No. The refusal was set aside and a different officer had to decide the application again.