What options do you have if your temporary visa application (work permit, study permit, visitor record) is refused?
Individuals seeking temporary residency in Canada must prove to an immigration officer that they are admissible to Canada and meet the criteria set out in the Immigration and Refugee Protection Act. This involves convincing the officer that you intend to comply with the conditions of your admission and leave Canada within the authorized period of stay.
Common reasons for refusal of temporary visa applications
Applications for work permits, study permits, or visitor records in Canada can be refused for various reasons. Some common reasons include:
Medical Inadmissibility: Health issues that could pose a risk to public health or safety may result in application refusal.
Lack of Genuine Intent: Authorities assess whether applicants have genuine intentions to study or work in Canada and return to their home country after the permit expires.
Insufficient Ties to Home Country: Applicants must demonstrate strong ties to their home country, such as familial, employment, or financial ties, ensuring their return post-stay.
Employment Concerns: Work permit applications may be refused due to concerns about the job offer's legitimacy, compliance with labor laws, or relevance to the applicant's qualifications.
Insufficient Financial Resources: Study permit applicants must demonstrate adequate funds to cover tuition fees, living expenses, and return transportation costs.
What are your options if your temporary visa application is refused?
If you have applied for a Canadian work permit, study permit, or visitor visa and it has been refused, there are a few steps available for applicants to take. The first step is to carefully review the refusal letter from Immigration, Refugees and Citizenship Canada (IRCC). Understanding the reasons for refusal is crucial in determining the next course of action. Based on these reasons, you may opt for one of the following courses of action:
I. Reapplication
Applicants may simply reapply for the visa they seek to obtain, making any required adjustments or providing additional documentation. With luck, another officer will review your application and hopefully grant approval.
II. Reconsideration
Individuals may opt for reconsideration if they believe that an error or misunderstanding contributed to the initial refusal. This process might entail providing extra documentation or addressing concerns raised by IRCC. It's crucial to carefully review the refusal letter, taking note of any specific instructions or deadlines for requesting reconsideration. Reconsideration requests can be submitted via the IRCC webform, with no associated fees. However, it's important to understand that reconsideration is an informal process, lacking formal processing times, and IRCC is not obligated to reopen your file or respond.
III. Judicial Review
If IRCC refuses a work permit or study permit application, the only avenue for appeal is through the Federal Court of Canada. This entails requesting a judicial review of the decision. Filing an application for judicial review provides valuable insights into the reasons behind the refusal. You can ask the court to obtain the officer’s detailed reasons, giving you a clearer understanding of the refusal and how the evidence you submitted in support of your case was evaluated. Your aim at the Federal Court is to argue whether the refusal decision was unreasonable or legally flawed. If successful, your application is returned to the original visa office for review by a different officer, and you are usually given an opportunity to update your file. Keep in mind that the Federal Court process may take several months. Whether you reside inside or outside of Canada, you have the option to engage an immigration lawyer based in Canada to advocate for you and guide you through the process.
Note: Time limits for filing for judicial review are as follows:
Refusal made at a visa office outside Canada: 60 days from the refusal date
Refusal made at a visa office inside Canada: 15 days from the refusal date
It's essential to act promptly and seek professional guidance to navigate the process effectively and increase the chances of a successful outcome.
To learn more information or seek legal advice, please do not hesitate to reach out to our experienced law firm at rharding@hardingimmigrationlaw.com or book a consultation here.
