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Immigration Canada denies Scottish midwife’s work permit over missing English test

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A Scottish midwife, practicing in Victoria is in limbo over a problem with her work permit. It stems from a missing English language test that could force her to head back to the U.K. Ben O'Hara Byrne reports.  – Mar 24, 2026

A Scottish midwife who has been practicing in Victoria is in limbo after her work permit was unexpectedly denied.

Heather Gilchrist moved to Canada from the U.K., looking for a fresh start after her husband passed away.

However, earlier this month, Immigration Canada denied her post-graduate work permit application due to a missing English language test.

Gilchrist told Global News that she completed a test, despite English being her first language, but could not find a way to upload it.

“I thought, well, it says on the site they’ll contact you if they need any more documents and then 250 days later, a refusal letter to say you haven’t demonstrated your level of English,” Gilchrist said.

“I’d much rather be looking after my moms and babies and just getting on with the day’s work.”

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An immigration lawyer told Global News that Gilchrist is not alone in this issue.

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“I have several cases in federal court with the same issue, so do my colleagues across the country, with such a large intake of cases with the same issue, that got the attention of Ottawa,” Richard Kurland said.

Immigration Canada says it is aware of the issue and is updating the system to allow language tests to be uploaded.

However, it won’t comment on specific cases.

Kurland said that in the meantime, those seeking reconsideration have been able to send their language tests via webmail directly to Immigration Canada.

However, Gilchrist says that is not an option for her, given the length of her studies here; the clock has already run out on her post-graduate work permit.

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She said she is now out of pocket for almost $60,000 and her work and life in Canada are now in limbo.

Editor’s Note: A previous version of this story incorrectly identified the B.C. government as denying the application, when it was Immigration Canada that denied the application.

–with files from Ben O’Hara-Byrne

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