Immigration Lawyer
Refusals
Immigration Lawyer
Refusals
A successful visa application paves the road for a new beginning in Canada, whether for work, study, tourism or any permanent immigration process. The immigration process is often lengthy and complex, making a visa refusal a significant setback. After investing considerable effort into an immigration application, receiving a refusal notice can be disheartening, dampening your aspirations for a Canadian dream.
Though you may be feeling overwhelmed, a visa refusal is not the end of the road. There are many options you can consider, such as reapplying or appealing the visa refusal decision. For every visa application that is denied, there are remedies available to overturn it.
What are the reasons for refusal?
1. Incomplete documentation
If you provide incorrect, missing, or incomplete documentation it will result in the refusal of yourvisa application. If you failin submitting proper evidence or do not meet any requirement of the application procedure, your application gets automatically denied.2. Ineligibility
Your visa will be refused if you do not fall under the eligibility criteriarequired forthe immigration programyou are applying to. There are different eligibility requirements for varying programs, all must be met to avoid refusal of your visa.3. Misrepresentation
If you provide false, inaccurate, or misleading information, even if it is unintentional, your visa will be denied. This may also result ina banfrom reapplying for a certain period.4. Inadmissibility
Your application can be denied on grounds of security risks, criminal background, or medical conditions. Security reasons concerning terrorism or organized crime. For medical reasons, if you will pose a risk for the health and safety of the Canadians and strain on the healthcare system.What are your options available for refusal?
1. Reconsideration Request
You can request reconsideration from the immigration officer if you believe there was a procedural error, such as some information was overlooked. Or if you feel there is any new information, if provided will have a positive impact in the decision. To do this, you need to submit a request and write a letter explaining in detail the reasons for reconsidering the refusal decision.
However, note that the Visa officer, do not entertain any new information you provide to them after a decision is made. Reconsideration request is entertained, mainly in cases wherein the visa officer has overlooked the information or documentation.
2. Appeals
Not all refusals can be appealed. However, programs under family sponsorship and removal orders issued to PR or protected persons can be appealed. The Immigration Appeal Division (IAD) reviews the appeal. During an appeal, you can present additional information supporting why the refusal decision should be overturned. If your appeal is approved, you can continue with the application process; if not, then you can file a judicial review.
3. Judicial Review
A judicial review is different from an appeal. In judicial review matters are handled by the Federal Court of Canada. Here, the court only evaluates if the decision taken was fair and legal, following proper procedures. You can apply for a judicial review only if you feel that the refusal decision taken has significant errors. If the Court finds reasonable grounds in your favour, the case is sent back to the immigration authoritiesfor reconsideration.
4. Resubmission
If your visa was refused due to minor reasons that can be easily corrected, consider resubmitting your application. This is often a faster and simpler procedure than pursuing appeals or judicial review. Resubmission allows you to quickly enhance your application by providing additional information and making necessary corrections, thereby avoiding delays.
How can our Immigration Lawyers help you?
Refusal of an immigration application can be a challenging and stressful thing. There are options available to explore that will improve your chances for the approval of your application. At Nanda & Associate Lawyers, our experienced Immigration Lawyers are dedicated to helping you address the issues of refusal and guide you to move forward with confidence. To get complete guidance for your immigration goals, connect with us at 905-405-0199 for a successful outcome.
Frequently Asked Questions
Misrepresentation occurs if you provide inaccurate or misleading information on your application, forge or alter documents that do not meet IRCC standards or omit important information. Examples include failing to mention family members traveling to Canada with you, not declaring prior convictions or criminal charges, misrepresenting your employment history, or not disclosing previous entry refusals to other countries.
If your study permit is refused, the first thing you need to do is review the refusal to better understand the reason why the permit was denied. After reviewing, if you feel it was a small mistake, then you can submit a reconsideration request with additional information that might help. If you believe there was information overlooked, write to the immigration officer to say why the refusal should be reconsidered. If you still believe that there is a legal error or unfair decision, then you should submit a judicial review.
While submitting an appeal, you must avoid providing incomplete documentation, as it will weaken the appeal. You must not miss any deadlines on any submissions. Ensure that all the supporting evidence is provided; this will strengthen the case details. Do not ignore any procedure of an appeal, as it might lead to more delays. Ensure that clear facts and arguments are provided.
To strengthen a resubmission, ensure that all documentation is accurate and complete. Provide additional supportive evidence if necessary. Clearly explain any errors or oversights in the previous submission and highlight any changed circumstances that might affect the decision on your application.
In August 2024, the Canadian government made an announcement. They decided to...
While everybody seems to be focused on the United States ramping up...
Immigration is central to the future of Canada. Keeping this in mind,...