Immigration Blog

Navigating Start-Up Visa Work Permit Refusals

For entrepreneurs in Canada's Start-Up Visa (SUV) Program, obtaining a work permit is a critical step, but many face refusals despite having a Letter of Support from a Designated Entity. The central challenge lies in proving the urgent need for physical presence in Canada and substantiating one's ability to perform the proposed work. Federal Court decisions consistently show that IRCC officers retain full discretion to assess applications independently, and the support letter is not a guarantee of approval.

The legal framework, rooted in the Immigration and Refugee Protection Act (S.C. 2001, c. 27) l-2.5 and its Immigration and Refugee Protection Regulations (SOR/2002-227) — current to December 10, 2025; last amended November 25, 2025, places the burden of proof squarely on the applicant. Cases like Khan v. Canada (Citizenship and Immigration), 2025 FC 1742 and Maghami v. Canada (Minister of Citizenship and Immigration), 2023 FC 542 highlight that merely asserting urgency is insufficient; it must be backed by concrete evidence. Applicants often fail when their submissions are vague or they incorrectly assume officers have specialized knowledge of start-up environments. A Judicial Review at the Federal Court can challenge an officer's reasoning, but success depends on the strength of the evidence originally submitted.

• Prove Urgency: Clearly articulate and provide evidence for why your presence is immediately required.
• Substantiate Ability: Go beyond a resume; provide verifiable proof of your skills and experience.
• Don't Rely Solely on the Letter of Support: Build a comprehensive and independent case for your work permit.