Was your application refused? Find out how to fix it!
HOW TO GET HELP IF YOUR VISA APPLICATION IS REJECTED
Immigration authorities have the right to refuse any application
Canadian immigration authorities are free to approve or reject any application they receive. Nothing that an applicant does can solidly guarantee that their application will be approved.
An immigration officer is a seasoned professional with years of experience in weeding out under-qualified applicants and inconsistent applications. Even though the credibility of an applicant is determined via a series of standard authentication checks, the immigration officer is the one who gets the final say in whether the candidate will be permitted to immigrate.
Candidates have the right to re-submit their application (exceptions apply)
A popular misconception is that once you receive a denial, you lose all chances of securing a visa in the future. This is not the case: any application — both for a temporary and permanent visa — can be re-submitted after getting a refusal.
There are, however, certain cases when an applicant will not be permitted to re-apply straight away. Specifically, if the non-acceptance was due to submitting false or misleading information that subsequently resulted in the applicant being barred from entering the country. In this case, all future applications will be refused by the authorities until the ban is removed.
Make sure that your application meets all applicable requirements before re-applying
The refusal letter you receive from the immigration authorities will include a checklist specifying the series of common refusal reasons that best fit your specific case. These letters give a broad overview of the reasons why an application could have been rejected without going into many details. Nevertheless, it is important to try and address all reasons listed in the refusal letter before trying to re-apply.
Additionally, the applicant may request a Global Case Management System (GCMS) record. A GCMS record compiles all of the data stored under a visa application. Immigration officers record their opinion about each application in a GCMS file. Although these notes are often less relevant to the reasons for refusal, they may provide valuable insight into the reasoning behind the officer's decision.
You may appeal the refusal is you believe that it was due to an officer’s error
There are cases when an officer’s actions — an oversight, a lapse of judgment, or an error — can result in your application being wrongfully rejected. This can usually be determined when comparing the facts to the reasons for rejection listed in the refusal letter you receive from the immigration authorities.
If this is proven to be the case, there are ways to dispute the unjustified refusal. Depending on the type of visa you originally applied for, you can take your appeal directly to a Case Processing Centre, the Immigration Appeal Division (IAD), or the Canadian Federal Court for review.
Hiring an immigration specialist to assist you in handling your appeal is highly recommended. Taking Immigration, Refugees and Citizenship Canada to court is a tricky task to tackle on your own.
Consider working with a professional when re-applying after a refusal
Putting together a winning application after one or more refusals is difficult to do without turning to professional help. Self-represented applications filed after a refusal rarely turn out as expected.
Consider working with an immigration lawyer for an in-depth professional reassessment of your case.
Getting your application back on track will take plenty of time and effort
The appeal process begins long before the case is taken to court, with the most important step being the preparation of a solid defense. Working with a professional will help you determine whether you may have grounds to initiate an immigration appeal process in the first place.
Re-applying after a previous unsuccessful attempt involves a lot of work. Talk with your lawyer about the necessary documents to submit with your case, the legislation to quote, and the cover letters to prepare.
Each refusal requires a different approach
All refusals require an individual approach. After requesting and successfully receiving a detailed extract from your case, you can begin mapping out the scope of the required work: be it hiring a lawyer or reassembling your case from the ground up.
Battling against a refusal is a costly task. Every subsequent refusal will mean that the money spent on fees was wasted in vain. Attempting to re-apply on your own may end up costing you more in the long run.
Ready to try again? Our team is here to help
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