I was interviewed for a recent New Canadian Media investigation, published in the Penticton Herald, examining a troubling pattern: refusals of Francophone Mobility Program work permits for applicants who appear to meet IRCC’s own published criteria.
The story
The article follows a B.C. temporary resident who was refused a work permit extension under the Francophone Mobility Program, which lets employers hire French speakers outside Quebec without a Labour Market Impact Assessment, despite achieving the required French test scores. The refusal reasoned that he had never lived or studied in a French-speaking country, a requirement that appears nowhere in the program criteria. IRCC itself told the reporters that residence in a francophone country is not part of the eligibility test. The refused applicant has taken the matter to Federal Court.
My comments
I told New Canadian Media that officers in some of these cases appear to be “going beyond what they’re allowed to decide cases on”, what the law calls fettering of discretion. When IRCC sets published criteria and an applicant meets them, an officer cannot invent additional requirements. I also spoke about the human cost: refused applicants lose their ability to work immediately, and many temporary residents live paycheque to paycheque while facing weeks or months of reconsideration or judicial review.
What to do if this happens to you
If your Francophone Mobility application was refused for reasons outside the published criteria, you may have strong options, but deadlines are short: a judicial review application must generally be filed within 15 days of the decision if you are in Canada. Get legal advice immediately.
Read the full article: Temporary resident takes immigration department to court over denied ‘Francophone’ application (New Canadian Media / Penticton Herald, May 16, 2026, also syndicated in the Prince Albert Daily Herald).
Learn more about work permits, including Francophone Mobility, or book a consultation.
This article is general information, not legal advice. Every case is different: book a consultation to discuss your situation.
About the author
Miguel Martins Pereirinha is a Canadian immigration lawyer and partner at Slayen Immigration Law in Vancouver, British Columbia. He practises Canadian immigration law exclusively — work permits, permanent residence, family sponsorship, citizenship and inadmissibility — and works with clients in English and Portuguese.
