A significant portion of Canadian Immigration Applications are refused every year for a number of different reasons. Some applicants may not meet the requirements for immigration to Canada, but other applicants may have made mistakes on their application or have a solid chance at an appeal of the decision depending on the situation.

What to do when your Canadian immigration application is refused

There are several options for applicants who have had their Canadian immigration application refused:

• Applicants can appeal a Canadian immigration application refusal in Federal Court in some cases, but there is a deadline for doing this depending on when the applicant was notified of the refusal.

• Applicants can also appeal to the Immigration Adjudication Division (IAD) with respect to Sponsorship Refusals or PR criminality cases.

• For some in-Canada temporary resident applications, a request can be made to for restoration of status to the Case Processing Center can be made within 90 days of the refusal.
• In some cases, refusals can be resolved administratively in negotiating with the Canadian immigration authorities. But this route is not very reliable as most of the time immigration officers do not have the authority to overturn decisions once they are made.

Each of these options depends on what type of Canadian immigration application was filed and the nature of the refusal. The visa application system is not automatic, and each immigration application is reviewed by an immigration officer, who will decide the fate of the application. Officers can be strict, and how an applicant fares during an interview can differ depending on the perception of the officer.

Because of the time deadline when appealing a Canadian immigration refusal, it’s important to act as soon as possible. In some situations, you may only have a few days to appeal. Consult with a qualified immigration lawyer who can help you determine the best course of action to take.

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President & CEO

Michael Niren

Mr. Niren is CEO of VisaPlace LLC and the President and Managing Partner of VisaPlace Legal Canada, an immigration law firm based in Toronto, and VisaPlace Legal US a law firm registered in The District of Columbia, USA. Mr. Niren is a graduate of Osgoode Hall Law School in Toronto, a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section, American Lawyers Association, and an Associate Member of the American Bar Association.