Federal Court: 'Several Years' Experience Means More Than One for Work Permits
- Citation
- 2026 FC 798
- Decided
- Court file
- IMM-6173-25
- Full judgment
- Read the decision
Case Law Overview
Verma v. Canada (Citizenship and Immigration), 2026 FC 798
The applicant, Mr. Navdeep Verma, sought judicial review after his LMIA-exempt work permit for a Food Service Supervisor (NOC 62020) was refused. The immigration officer found he failed to provide sufficient evidence that he met the mandatory NOC requirements of either a relevant college program or 'several years of experience'.
Court Ruling
The Federal Court dismissed the application, finding the officer's decision was reasonable. The Court affirmed that the NOC requirement for 'several years' of experience is a mandatory condition, and the applicant's evidence of only one year of experience was insufficient to meet this threshold.
Key Quote from the Court
The Officer did not ignore the evidence and specifically mentioned it in their reasons. However, it was reasonable for them to consider the NOC's mandatory requirement as a condition for issuance. The Applicant's one year experience fell short of the requirement of several years.
Expert Takeaways
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Mandatory NOC Requirements Are Not Flexible This case highlights the critical distinction between 'required' and 'usually required' in NOC descriptions. If a requirement is listed as 'required,' it is a mandatory condition precedent, and officers are justified in refusing an application if it is not clearly met.
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'Several Years' Means More Than One The Court upheld the officer's interpretation that one year of experience does not satisfy a requirement for 'several years.' Applicants must ensure their documented experience aligns precisely with the language of the NOC.
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The Burden of Proof is on the Applicant The applicant failed to provide evidence of either a relevant educational program or sufficient work experience. It is the applicant's sole responsibility to provide clear, complete, and convincing evidence to meet every single program requirement.
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Past Employment Doesn't Guarantee Future Approval The fact that the applicant had previously worked for the same employer was not enough to overcome the failure to meet the formal NOC requirements. Each application is assessed on its own merits against the specific criteria of the permit being sought.
There is a deadline on this
That is the window to file an Application for Leave and for Judicial Review at the Federal Court, counted from the day you were notified of the decision. An extension can be requested, but it is granted at the Court's discretion - it is not automatic.
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Disclaimer
The information provided in this article is for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. For advice specific to your situation, please schedule a consultation with a qualified legal professional.
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Questions people ask after reading a case like this
Does this mean my own case will succeed?
No. Every application is decided on its own record. A reported decision shows how the Federal Court has reasoned about a particular kind of error - it does not predict the result of a different file. What it can tell you is whether the problem in your refusal is the kind of problem the Court has been willing to intervene on.
How long do I have to challenge a refusal?
Under the Immigration and Refugee Protection Act you generally have 15 days to file an Application for Leave and for Judicial Review if the decision was made inside Canada, and 60 days if it was made outside Canada, counted from when you were notified. The Court can extend that period, but an extension is discretionary - it is not automatic.
What actually happens at the Federal Court?
Judicial review has two stages. You file the application and a written record, and a judge decides on paper whether to grant leave - permission for the case to proceed. If leave is granted, there is a hearing. The Court does not re-decide your immigration application; it decides whether the officer's decision was reasonable and procedurally fair. If you succeed, the file is normally sent back to be decided again by a different officer.
Do I have to be in Canada to bring an application?
No. Applicants outside Canada regularly bring judicial review applications, which is why the longer 60-day deadline exists for decisions made abroad. Applicants are not normally required to attend in person.
What happens in the free 15-minute review?
You explain what was refused or delayed and when you were notified. We tell you whether your filing window is still open, which issues in the decision look arguable, and what the realistic options are - including reapplying instead of litigating, where that is the better route. There is no obligation to retain us afterwards.
More Work Permit rulings
Federal Court: Insufficient Evidence is a Fatal Flaw in Work Permit Applications
Federal Court: Weak Home Country Ties Can Sink a Work Permit, Even if Other Refusal Reasons Fail
Work Permit Refused: Why Your CV Must Match Every Job Duty in the NOC
Federal Court Overturns Refusal Due to IRCC’s Incomplete File
Written by
Ali Dadkhah
Ali Dadkhah is a litigator whose practice is dedicated to challenging government decisions at the Federal Court of Canada. He specializes in judicial review, providing a crucial avenue for recourse for individuals and businesses who have faced unfair or unreasonable administrative outcomes. Bilingual legal support in English and Persian (Farsi)