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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Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

Tags: canadian immigration refusal canda immigrant visa timeline refusal of restoration of status timeline for alberta immigration applications timeline for canadian immigration application

About Fadi Minawi

Fadi is a graduate of the University of Toronto and the University of Toledo College of Law. He is called to the New York State Bar and is registered as a Foreign Legal Consultant with the Law Society of Upper Canada. He is a member of the American Immigration Lawyers Association (AILA) and is currently serving as the Media Liaison for the Canadian Chapter of AILA. Fadi has extensive experience in US immigration matters and is the firm’s lead in the area of US immigration. He is specialized in corporate and family immigration, as well as issues dealing with US inadmissibility.

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