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Canada Visa Refused? What to Do Next

REFUSED VISA APPEAL, RECONSIDERATION & RE-APPLICATION

This page explains the main options after a Canadian visa or immigration refusal. The right option depends on the type of application, where the decision was made and why it was refused.

A successful visa application is the dream for a new chapter in Canada. Whether you applied for a work, study or visit visa, the application has many hopes and dreams pinned on it. If you get a letter in the mail from Canada Immigration advising you that your application for Canadian immigration was refused, do not panic.

Though you may be feeling frustrated, a visa refusal is not the end.

Overcoming Visa Refusal

For every visa application which is denied, there are three types of remedies available.

  • appeals,
  • reconsideration
  • re-applying

Appeals

A Visa Appeal can be an option for you if you feel that an incorrect decision was awarded by the immigration officer when they refused your visa application. Though you may be feeling frustrated, a visa refusal is not the end. There are many options you can consider;

Judicial review at the Federal Court of Canada. You ask the court for permission (called leave) to review whether the decision was lawful. The court does not decide your application itself. An RCIC cannot represent you in Federal Court, so you would act for yourself or hire a lawyer.

  • Appeal to the Immigration Appeal Division (IAD). This is available only in limited situations, for example when a sponsor’s family class application is refused. Strict deadlines apply, so read your refusal letter as soon as you receive it.
  • Restoration of status. If you have lost your temporary resident status, you may be able to apply to restore it within 90 days of losing it. This is a separate application, not an appeal.

Deadlines are short. An application for leave for judicial review must be filed within 15 days after you are notified of a decision made inside Canada, or within 60 days after you are notified of a decision made outside Canada.

If your appeal is allowed:

  • Immigration, Refugees and Citizenship Canada (IRCC) will resume processing the permanent resident visa application.
  • You can contact IRCC to check the status of your sponsorship application.

If your appeal is dismissed:

  • The decision by IRCC to refuse the permanent resident visa application remains the same. Your appeal is closed at the IAD. You may wish to seek legal advice.
  • Appealing to the Federal Court
  • Either you or Minister’s Counsel may apply to the Federal Court of Canada for leave, or permission, for judicial review of any IAD decision. The Federal Court of Canada will either dismiss the application or return the case to the IAD for re-hearing

Reconsideration

In some circumstances you can request a reconsideration of your visa application, for example if it was refused due to incomplete information. In cases where the information provided was not correctly understood, a reconsideration can be requested.

You will need to submit any additional or clarifying information to respond to the reasons the decision-maker cited in their refusal.

Re-Application

Once you review the explanations for your visa application refusal, discussing them with a licensed immigration representative will help you understand whether you should make a fresh application.

Many times, making a totally new application can offer you an opportunity to submit all additional information. This is also a good option if your personal situation has changed in the time since your initial application. Again, it is useful to look at the reasons cited in your refusal and think of ways you can reinforce those areas of your application.

Whatever may be the explanation for your visa refusal, don’t get dejected. Reviewing your visa situation with Manuleaf Immigration can figure out the best approach and best strategy for your case.

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