MKS Lawyer Wins Appeal for Penticton Business Owner’s Denied Work Permit Application

MKS Immigration Lawyers is helping Penticton, British Columbia, pizza shop owner Flaminio Ferrari appeal a rejected work permit for an Italian pizza chef Flaminio wants to bring to B.C. to work in his restaurant. CBC News British Columbia reported on the story.

The work permit application was denied because Marco Ferrari, who the immigration officer assumed was related to Flaminio, signed the pizza chef’s employment reference letter. In Italy, Ferrari is a common name similar to Smith in North America. Marco and Flaminio are not related.

The immigration officer noted the men shared a last name and the judge on the case said it was “clear” the credibility of the reference was questioned as a result of the matching last names.

MKS Lawyer Alex Stojicevic says the government could have contacted the applicant and reference to confirm their relationship and resolve any questions around the work permit.

“As simple as that, we would have told them that no, these two aren’t related, and that would have been the end of it,” said Stojicevic.

MKS Lawyer Wins Work Permit Appeal in Federal Court

MKS Associate Mojan Farshchi argued the case in federal court resulting in the judge overturning the decision to deny the work permit application. The judge said it was “unreasonable” to assume Marco and Flaminio were related because they share a name.

The pizza cook hoping to immigrate to B.C. is an expert in making a thin crust style pizza popular in northern Italy. The reference letter vouched for the pizza maker’s nearly 20 years of experience.

MKS Associate Mojan Farshchi is a graduate of UBC’s Peter A. Allard School of Law. Mojan previously worked as a Judicial Intern at the Provincial Court of British Columbia on family, civil and criminal matters. Mojan assists people, families and businesses with immigration needs related to permanent and temporary residency applications, citizenship applications, refugee claims and admissibility issues.

MKS Immigration Lawyers was recently named one of the top immigration law boutiques in Canada by Canadian Lawyer Magazine. With expertise in business immigration and skilled work in Canada, MKS can assist business and individuals with hiring employees from the foreign talent pool. This includes support on Labour Market Impact Assessment processes, work permits and more.

If you need help with a work permit application or appeal, fill out a consultation form today.