Work Permit Refused Because the Job Offer Is Not Genuine? What Officers Check and What to Do Next

The refusal letter is short. It says the officer is not satisfied that the offer of employment is genuine under subsection 200(5) of the Immigration and Refugee Protection Regulations (IRPR). To the worker, it reads like an accusation. To the employer, it often comes as a surprise, because nobody asked them anything.

Here is what most people are not told: a genuineness refusal is usually not a finding of fraud. It is a finding that the file did not prove something about the employer. The test is about the business, its needs and its ability to pay, and most of the evidence that answers it sits with the employer, not the worker.

IRCC updated its instructions to officers on this test on September 17, 2026. This article explains the test as it stands now, how officers apply it, and what I look at first after a refusal.

What "genuine" actually means

For an employer-specific work permit, the officer must be satisfied that the job offer is genuine. Subsection 200(5) of the IRPR lists four factors:

1. whether the employer is actively engaged in the business the offer is for;

2. whether the offer is consistent with the employer's reasonable employment needs;

3. whether the employer is reasonably able to fulfil the terms of the offer;

4. the past compliance of the employer, and of anyone recruiting for it, with the federal and provincial laws on employment and recruitment.

Failing any one factor is enough for a refusal. The test applies to LMIA-based permits and to LMIA-exempt employer-specific permits alike, including C10 and C11, intra-company transfers, trade agreement categories and Francophone Mobility. Open work permits are not assessed this way, because there is no specific employer or job offer.

Read that list again from the officer's side. Three of the four factors are about the employer. A worker can be highly qualified and still be refused because the company behind the offer could not be shown to be real, in need of the role or able to pay.

The offer is not checked until you apply

For LMIA-exempt permits, the employer submits the offer of employment through IRCC's Employer Portal and pays the $230 employer compliance fee before the worker applies. The portal gives an offer number that goes into the work permit application.

IRCC's instructions are candid that nobody vets that offer when it is submitted. The first person to read it closely is the officer deciding the work permit. So a mistake made in the portal in March can sink an application in June. The instructions warn officers about these in particular:

• fields left incomplete, or filled only with "see attached";

• main duties that belong to a higher-skilled occupation than the NOC code selected, which can lead to a refusal under paragraph 200(3)(a) because the worker may not be able to do the work described;

• wages or working conditions in the signed employment agreement that do not match the offer.

For LMIA-based permits the starting point is different. A positive LMIA lets the officer assume that Employment and Social Development Canada found the offer genuine, but the officer must still be satisfied that every requirement is met.

How officers test each factor

Is the employer actively engaged in the business?

The officer looks for an operating business that actually provides goods or services and has a physical address in Canada. IRCC's instructions tell officers to use public information, such as a Google search, the Better Business Bureau website, and provincial or company websites. A business less than 1 year old, negative public information or a listing as a non-compliant employer calls for a closer look.

A home-based business is not a problem in itself. IRCC's instructions say plainly that the concern is a lack of evidence that the business operates, not the address. Selling handmade goods or digital services from home can be entirely reasonable. A business whose service needs commercial space is harder to explain from a residential address.

Does the job fit the employer's real needs?

The occupation should be one you would expect in that sector. IRCC gives its officers examples of offers that do not fit: a catering company hiring a roofer, a company with 10 employees offering its sixth supervisor position in a year, a franchise restaurant hiring a full-time business analyst. If the role looks unusual for the business, the file has to explain why this business needs it.

Can the employer actually pay?

The employer has to show that it can provide the hours, wages and benefits in the offer for the whole length of the permit. Officers may ask for the T4 Summary, T2 corporate schedules 100 and 125, the T2125 statement for a sole proprietorship or partnership, a workers' compensation clearance letter, business licences, contracts and confirmation of the Canada Revenue Agency business number.

Has the employer followed employment and recruitment law?

This factor covers the employer and any recruiter it uses. In the Employer Portal, the employer also attests that it has not charged the worker recruitment fees. A fee charged to the worker for the job goes straight to this factor.

The procedural fairness letter: 15 days, and the employer must answer

When an officer has genuineness concerns, IRCC's instructions ask them to send a procedural fairness letter that says which factor is in doubt and why. The deadline is 15 days, or the office's own standard. The instructions also say the employer should send the evidence directly to IRCC, with a signed letter confirming it knows IRCC is asking for the documents.

That last point matters. The worker cannot answer for the employer. If the employer is slow, unreachable or unwilling, the file usually fails on the deadline. If 15 days is not enough, ask for more time before it runs out; I explain how in my guide to requesting an extension from IRCC.

The instructions also cover what officers find on their own. If an officer relies on information the applicant would not reasonably know about, such as the results of their own web searches, they must record it and give the applicant a chance to respond before finding the offer not genuine. I wrote about how those searches can shape a file in my note on the IRCC digital detective case.

The details that decide these files

1. A young company. A business under 1 year old gets a closer look. IRCC's own example is a meal delivery business, five months old and run from home, that could not show steady operations or reliable payments to its employees. Payroll records, a lease, contracts and invoices answer that concern better than a business plan does.

2. The public footprint. The officer will search for the business. A closed listing, an outdated website or a different address works against the file unless the file explains it first.

3. The offer form. Every field completed, duties that match the NOC code, and wages that match the signed employment agreement.

4. The logic of the role. If the position is unusual for the business, the file should say why this business needs this worker now.

5. An employer who is ready. The employer should have its financial documents in hand before the application is filed, not after a letter arrives.

After a refusal: what I look at first

A genuineness refusal is not always the end of the file, but the right next step depends on what went wrong.

• The officer's notes. The refusal letter rarely shows the reasoning. The notes show which factor failed and what the officer relied on.

• Fairness. If the officer relied on outside information, or on a concern you could not have anticipated, and no procedural fairness letter was sent, that is a fairness problem. I explain how these show up in my piece on veiled credibility findings.

• Reconsideration. Where the officer overlooked evidence that was on file, a reconsideration request may be possible. My guide to reconsideration requests explains when IRCC may reopen a file.

• Judicial review. Under section 72 of the Immigration and Refugee Protection Act (IRPA), the application for leave must be filed at the Federal Court within 15 days if the matter arose in Canada, or 60 days if it arose outside Canada, counted from the day you are notified of or learn about the decision.

• A new application. When the problem was missing evidence, a new application with the employer's documents in place is often the cleaner route.

Which of these fits depends on the refusal and on the deadline. You can read how I handle reconsideration and fairness files on my service page.

What I would do now

1. Read the refusal and get the officer's notes before deciding anything.

2. Write down the date you received the decision. The judicial review deadline runs from there.

3. Ask the employer for its financial and payroll documents now: the T4 Summary, corporate tax schedules, lease and business licences.

4. Compare the offer in the Employer Portal with the signed employment agreement and the NOC duties, line by line.

5. Get advice before you reapply, so that the second file answers the factor the first one failed.

This article reflects the rules as of September 2026.

If you want me to review your refusal, you can book an online consultation. I work virtually, in English and Turkish, on flat fees. If a route does not fit your facts, I will tell you.

The articles on this site are general information, not legal advice, and reading them doesn't create a lawyer-client relationship. Immigration rules change often, so always consult a qualified Canadian immigration lawyer about your specific situation.