REFUSED VISA APPEAL, RECONSIDERATION & REAPPLY
We at IMMIGRAM provide all the information necessary to assist with Canada Visa Refusals.
Obtaining a Canadian visa is the dream for everyone. Irrespective of whether it is for a work, study, or visit visa, an application holds many hopes and dreams. Do not panic if you receive a letter from Canada Immigration advising you that your application for Canadian immigration was declined.
Despite the frustration you may be feeling, a visa refusal does not spell the end for you.
Tips for Overcoming a Refusal
There are three types of remedies available for every visa application that is denied.
- appeals,
- reconsideration
- re-applying
Appeals
In the event that you feel your visa application was denied incorrectly by the immigration officer, you have the right to appeal their decision. It is important to understand that refusal of a visa is not the end of the road. There are numerous options available to you;
Within a certain period following the date on which you were notified by Canada Immigration of the refusal, you may be eligible to appeal to the Federal Court of Canada.
- Appeals regarding the refusal of your Canadian immigration application may be submitted to the Immigration Adjudication Division (IAD) within a certain period after your application was denied by Canada Immigration.
- It is possible to request Restoration through the Case Processing Centre (CPC) after receiving notification of the refusal.
Depending on your location, certain timeframes may apply. In the case of visa denial by an officer in Canada, a judicial review application must be filed within 15 days after the decision is made. If you are denied a visa outside of Canada, you will need to file an appeal within 60 days of being denied.
Once your appeal has been granted:
IRCC will resume processing the permanent resident visa applications.
Sponsorship applications can be checked with IRCC.
In the event that your appeal is not successful:
- The decision of the IRCC to refuse the permanent resident visa application remains unchanged. The appeal has been dismissed. Legal advice is recommended.
Appellate filings to the Federal Court of Canada
- In the event that an IAD decision cannot be reviewed by the Federal Court of Canada, either you or the Minister's Counsel may apply to the Federal Court of Canada for leave or permission. The Federal Court of Canada will either dismiss the application or return it to the IAD for further consideration
Review
If your visa application was rejected because of incomplete information, you may request a redetermination. It is possible to request a reconsideration when the information provided was not correctly understood.
Any additional or clarifying information must be presented in order to respond to the reasons the decision-maker cited in their refusal.
Re-apply Application
When you have reviewed the reasons for your visa application refusal, discussing it with your immigration lawyer will help you understand whether you should submit a new application.
It is often possible to submit all of the necessary information by submitting an application. If your situation has changed since your initial application, this is also a viable option. Moreover, it is necessary to consider the reasons cited in your rejection and how you might enhance those aspects of your application.
Don't get discouraged if your visa application is rejected for whatever reason.
We at IMMIGRAM Immigration will examine the circumstances surrounding your visa application in order to determine the most appropriate approach and effective strategy.