Does the Khan Decision Signal a Shift Away from IRCC’s Own Policy Guidance?

A recent Federal Court decision has introduced significant uncertainty for Start-Up Visa (SUV) applicants seeking to extend their Canadian work permits.

In Khan v. Canada (Citizenship and Immigration), 2025 FC 611, the Court upheld IRCC’s refusal of a work permit extension where the applicant’s Commitment Certificate (IMM 5766) had expired prior to filing — even though the applicant’s permanent residence (PR) application had already been submitted based on a valid certificate.

What Did the Court Decide?

The judge reviewed several concerns raised in the application, including the requirement for a valid Commitment Certificate at the time the work permit application is received.

The Court relied on IRCC’s Program Delivery Instructions (PDI), which require officers to confirm that the Commitment Certificate:

• Is valid at the time the work permit application is received.
• Confirms the applicant is essential to the business.
• Includes an urgent business reason for the permit.

On that basis, the Court concluded that a renewed Commitment Certificate was required for a work permit extension — even though the applicant’s PR application had been submitted with a valid certificate.

A Departure from IRCC’s Previously Stated Policy?

This decision raises a significant concern: does this mark a shift away from IRCC’s own longstanding operational approach?

IRCC’s published policy, Start-up business class permanent residence applicants – open work permits [R205(a) – A77] – Canadian interests – International Mobility Program, specifically provides:

Eligibility

To be eligible for an SUV open work permit, the applicant must

• Have received notification from a designated entity Letter of support [IMM 0211] (PDF, 0.1 MB) that a commitment certificate was issued, which
  • Indicates the applicant is essential
  • Has the same validity dates as the commitment certificate supporting the permanent resident application
    • Since the applicant must apply for PR prior to submitting their work permit application, they may still apply for their work permit after the expiry date indicated on the letter of support.

Compounding the issue:

• There is no formal or recognized process to renew or extend a Commitment Certificate.
• Certificates are issued under an annual quota allocated to designated entities.
• These certificates are intended for new PR applicants, not to support ongoing work permit renewals.

The SUV optional work permit was designed to allow PR applicants who are essential to their start-up to enter Canada and continue building their business while waiting for PR processing, which can take years.

Under the Khan decision, requiring a valid certificate at the extension stage could:

• Prevent founders from continuing to work in Canada.
• Jeopardize the progress of the start-up business.
• Negatively impact the pending PR application, as inactivity could be viewed unfavourably by IRCC.

What Is the Court Requiring?

The decision raises a critical question: Are SUV applicants now expected to obtain an entirely new Commitment Certificate for each work permit extension?

If that’s the case, several challenges arise:

• Designated Entities may be unwilling or unable to issue a new certificate without a new PR application.
• Allocating limited certificate quotas for extensions may be impractical or inconsistent with internal policies.
• IRCC has provided no guidance or framework to support the issuance of renewed certificates for work permit extensions.

Practical Takeaways

For SUV Applicants

• Monitor your IMM 5766 expiry date closely.
• Submit your initial work permit application within the six-month validity period of the certificate.
• Consult experienced legal counsel to assess risks and plan for work permit extension strategies.

For Designated Entities

• Encourage SUV applicants to seek legal advice before applying for a work permit.
• Review contracts with applicants to ensure there is no obligation to issue a renewed Commitment Certificate.

Final Word

This decision adds another layer of complexity to an already challenging immigration process.

Until IRCC clarifies its policy, SUV applicants and designated entities face increased risk: an expired Commitment Certificate at the time of work permit extension may lead to refusal, even when a PR application is already in progress.

Greenberg Hameed PC has successfully obtained approvals in cases involving expired Commitment Certificates and will continue to monitor this issue closely. Further updates will be shared as new guidance or court decisions emerge.

Read the full case here:

https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/527909/index.do

The content of this bulletin is for informational purposes only, and is not intended to provide or be relied on as legal advice.