Was Your Canadian Immigration Application Refused?
What are your options?
If you get a letter in the mail from Canada Immigration advising you that your application for Canadian immigration was refused, do not panic! You have options.
- You may be eligible to Appeal your Canadian Immigration Application Refusal to the Federal Court of Canada within a certain period after you were notified of the refusal by Canada Immigration.
- You may be eligible to Appeal your Canadian Immigration Application Refusal to the Immigration Adjudication Division (IAD) within a certain period of after your application was refused by Canada Immigration.
- You may be able to make a request for Restoration to the Case Processing Centre (CPC) after being notified if the refusal.
What immigration refusal option is right for you?
It depends on a number of factors such as the nature of the case. Is it a Skilled Worker Application, Canadian Sponsorship Application or Canadian Work Visa refusal?
And it also depends on where the Canadian immigration application was filed and processed. Was your Canadian immigration application filed within Canada or at a Canadian Consulate or Embassy outside of Canada?
Depending on these factors, you may have options to appeal your case, re-apply or get it resolved administratively though government channels. The key is to get a quick evaluation of your case before your appeal rights are terminated.
But why did your Canadian Immigration Application get Refused?
Generally refusals for Canadian immigration applications do not just happen. When applications for Canadian immigration are submitted to Canada immigration, an immigration officer is responsible for reviewing the application and making an assessment about whether the application should be approved or denied. The immigration officer has guidelines for making decisions on immigration cases. These guidelines are found in the Immigration Regulations as well as Immigration Manuals.
When applications do not meet the various standards and criteria set out in the Immigration Regulations and Manuals, then the likely result is a refusal. However, in many cases, Canadian immigration officers make mistakes in their decisions. They often are too strict in their interpretation of the guidelines or they simply fail to review all the documentation and information in an application. Sometimes applicants are called for a personal interview and the immigration officer does not believe the applicant is credible or trustworthy.
Whatever the reason for the refusal, it is important to act very quickly once you are notified that your case was denied. You should then seek out a qualified and experienced Canadian immigration lawyer who is licensed. If your case has merit, then an Immigration Appeal should be considered.
If I was refused, where do I go from here?
There are many issues involved in properly handling a Canadian immigration refusal. A qualified Canadian immigration lawyer should be able to assess your immigration application refusal and answer the following questions about your case:
- Whether you are eligible to Appeal the negative immigration decision;
- How long do you have to file your appeal? For example, do you have 15, 30 or 60 days after being notified of the refusal?
- What Canadian immigration court should you file the Appeal? Is it the Federal Court of Canada or the IAD?
- What procedure is involved in filing and processing the Immigration Appeal? What steps have to be taken?
- How long is it going to take? When should I expect a result?
- What are the chances of success of the Immigration Appeal?
Was your case Refused?
Contact Niren and Associates Immigration Lawyers for an assessment of your case and a discussion of your options.