When Your Canadian Immigration Application is Refused: What to do

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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Michael Niren

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

  • symrna

    i was married to my husband 2years back this is my second marraige and his too he is living in canada for around 30 years ane he applied for me and my dependant children as well.we have been asked to submit the divorce and new marraige certificate along with all th details .we had been asked to do our medical in last month and a call for an interview.and it went well .the lady at the interview seemed to focus on genuinity of our relationship and she asked me a lot of quetions to ascertain how well i know my husband and his family.the same kind of question were asked to my husband.i dont know on which grounds our application was refused.my husband has already filed for an appeal.
    can you pls guide me.I would really appreciate it if we stand any chance in this regard.

    • Immigration Lawyers

      Hi Symrna,

      Thank you for contacting us at VisaPlace! We have helped many clients who have had their applications refused, and we may be able to help you! Hiring an immigration lawyer will help you get answers to all of your questions, plus it will increase the chance of getting a visa approved. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about you and your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

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.

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