My Canadian Permanent Resident Application Was Refused. What Should I Do Now?
There are many reasons why someone’s permanent residency application could be refused. A PR application could be refused because of criminality, health, misrepresentation, not meeting eligibility requirements, not providing with right documents or having incomplete or inconsistent forms, losing documents, missing deadlines, or confronting a mistake committed by IRCC or Immigration officers. Many people come to VisaPlace / Niren and Associates with questions regarding their Permanent Resident application refusal. We received this question from a client:
Question: Hi, I came to Canada on Feb 2 2006. I submitted my application last November 2008. My boyfriend who is a refugee claimant proposed marriage. I called Canada Immigration three times to ask if I marry my boyfriend, will it impact my immigration application? Canada Immigration told me it would not. So I got married in December 2008. I relied on the information I received from the Immigration Call Centre. However, I received a letter of refusal. What can I do?
Answer: Listing your boyfriend as a dependent on your application for permanent residence may not have had anything to do with your refusal, unless he had a medical condition or criminal record. It may be the case that your immigration application was refused because of some issue with your own qualifications or how the application was prepared. You should also know that information you receive from the Immigration Call Centre should not be considered “legal advice”. You should always consult an immigration lawyer before proceeding.
What To Do If Your Permanent Resident Application Is Refused
Requesting Why Visa Was Denied
You should start by reviewing your refusal letter. The refusal letter will explain why you were denied even though their answer can be vague and standardized. If the answer they gave you is too vague and doesn’t give you a good idea of why you were refused you can submit a request for a detailed case-specific reason of your refusal. You can submit online an Access to Information Request for your file either through Access to Information Act or Privacy Act.
After you have submitted a request for a detailed reason for your refusal you should receive an explanation within 30 days from the IRCC.
Appealing a Visa Refusal
If you believe the reason the IRCC refused your application was insufficient then you may want to consider appealing the refusal at the Federal Court of Canada. In order to do this, you need to file a Notice to the Federal Court strictly within 15 days after your refusal (for an in Canada decision) or 60 days following the decision (for an outside Canada decision). The role of the Federal Court is to determine if the immigration officer violated procedures or was reasonable or unreasonable. The judge will thus not grant or issue you a Permanent Resident Visa, but either allow or dismiss the judicial review. If the judicial review is allowed, IRCC will continue to process your file.
See the following for work permits and LMIA processing times.
The best course of action when there is an immigration refusal is to appeal the decision. There are deadlines to watch out for when appealing to either the Federal Court or Immigration Adjudication Division (IAD).
Why Hire our Lawyers to Help You With Your Refusals
If your immigration application was refused, then contact us right away. Delaying could mean that you will lose your appeal rights. Our lawyers have helped thousands of people successfully appeal their refused immigration application, and we are certain we can help you too!
Have a Question related to your Immigration Needs?
Click here to fill out the FREE Immigration Assessment form below and get a response within 24 hours to see if you’re eligible.
The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.
The content and comments of this blog are not legal advise and and may not be accurate or complete. If you require legal advice, contact a licensed legal practitioner directly. If you post on this blog, you assume full responsibility for disclosing your identity to the public and VisaPlace nor its affiliates are not responsible for protecting your privacy nor your identity concerning your participation in our blog and you assume any risks in participating.
I could not have asked for more! The VisaPlace team are extremely professional, they know their stuff. They gave me great information, prepared my work visa application and then prepared me for the submission process. I was successful. Got my visa. 5 stars! I would give them 6 if I could.
This is not an exaggeration!!! I was truly impressed with the way VisaPlace consultants handled my case. The consultants- Emily, Lauren, Takunda and Lisa, took their time to explain to me in great deal how they were going to approach my case and how they would handle setbacks, if any. Their professionalism and knowledge of the law were superb. The minor setback that came up was quickly addressed by the team. The team constantly kept me updated on the progress/status of my application; they quickly responded to my questions/concerns. They had predicated my permanent residency to be processed within 6 -12, and Indeed it was processed and completed within 6 months. Based on my personal experience, Emily and Lauren's team are the best! They deserve 5 stars!!!!!!!!!!!
VisaPlace helped me sponsor my husband to become a Permanent Resident of Canada. They were extremely professional. Every step along the way was explained fully and expertly taken care of. The staff responded immediately to any questions and always handled our concerns fully, taking as much time as we needed to understand where we were at in the immigration process and what to expect next. I would recommend VisaPlace with no hesitation at all. I'm sure if we had tried to navigate the immigration process ourselves, it would have been much harder.