Start-Up Visa Work Permit Refused Despite Your Commitment Certificate?
You have a Commitment Certificate for your Start-Up Visa, but your work permit was refused. How? Federal Court cases show why the certificate isn't a golden ticket and what IRCC officers are really looking for in your application.
Why Your SUV Work Permit Was Refused Despite a Commitment Certificate
For entrepreneurs in Canada's Start-Up Visa (SUV) program, receiving a Commitment Certificate feels like the final hurdle. However, many are shocked when their subsequent application for a work permit is refused. This happens because the certificate, while essential, does not guarantee approval. An officer at Immigration, Refugees and Citizenship Canada (IRCC) retains the legal authority under the Immigration and Refugee Protection Act (S.C. 2001, c. 27) l-2.5 to conduct an independent assessment of every application.
When a refusal occurs, applicants may turn to the Federal Court for a Judicial Review of the decision. Court cases consistently show that officers are not bound by a designated entity's opinion. In Maghami v. Canada (Minister of Citizenship and Immigration), 2023 FC 542, the Court affirmed an officer's right to question the urgency and essential nature of an applicant's role, even with a support letter. Similarly, in Chhatrala v. Canada (Citizenship and Immigration), 2026 FC 1071, the Court upheld a refusal where the applicant failed to provide sufficient evidence of their ability to perform the work of a CEO, separate from the certificate itself.
Key takeaways from these court decisions include:
- Prove Your Case to IRCC: The onus is on you to demonstrate your abilities, the urgency of your presence, and the viability of your business directly to the visa officer.
- The Certificate Isn't a Pass: It is one piece of evidence. Your application must be strong enough to stand on its own merits according to the Immigration and Refugee Protection Regulations (SOR/2002-227) — current to December 10, 2025; last amended November 25, 2025.
- Deadlines are Strict: A work permit application filed with an expired Commitment Certificate will be refused, as confirmed in Xuehong Yan v. Canada (Citizenship and Immigration), 2026 FC 733.
Ultimately, a successful application requires a comprehensive strategy that goes beyond the Commitment Certificate to address all potential officer concerns with robust, verifiable evidence.
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