Dealing with a Canadian visa refusal
- Why was my visa application refused?
- Can I appeal or reapply after a refusal?
- What are my options for a stronger reapplication?
- How do I address the reasons for my visa refusal?
- What documentation will improve my chances next time?
Visa Rejection Reasons
If you are refused a Canadian visa, you will want to follow the typical protocol of reviewing the reasons for rejection, correcting all mistakes, and providing any additional information that may be relevant to your case before reapplying. If you are certain that there was nothing lacking on your initial application and that the visa officer made a mistake, you may be eligible to appeal or to request reconsideration. In such cases, you will likely want to discuss the matter with an Immigration Consultant.
You must be a Canadian citizen, a permanent resident of Canada, or a person registered in Canada as an Indian under the Canadian Indian Act.
A procedural fairness letter lets visa applicants respond to concerns about their documents, ensuring fair, unbiased assessment. Applicants can address concerns and provide input in immigration and citizenship decisions.
Spousal Sponsorship applications are complex and lengthy, often exceeding 120 pages. With stricter reviews due to fraud, self-prepared applications risk refusal, leading to requests for interviews or additional evidence.
Medical inadmissibility to Canada applies if a condition threatens public health, public safety, or demands excessive health services. Exams include x-rays, tests, and health records, including mental health.
Misrepresentation Ban
A serious crime to lie, or to send false information or documents to Immigration, Refugees and Citizenship Canada (IRCC). This is fraud. It’s called “misrepresentation.” Immigration and Refugee Protection Act provides that a permanent resident or foreign national is inadmissible to Canada for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of Canada’s immigration laws.
Some examples of misrepresentations are:
a) Fail to declare that you have been refused a visa for another country
b) Provide a document that is found to be non-genuine
c) Fail to mention a family member
d) Declare employment experience which you do not have
e) Obtain permanent residence by having engaged in a non-genuine marriage
Procedural Fairness Letter
A procedural fairness letter is an email or letter electronically sent by an immigration officer. The officer sends that letter to allow a visa candidate to respond to a concern about the documents that have been submitted by a visa seeker.
Decision-makers are required to follow the rules of procedural fairness throughout the decision-making process.
Procedural fairness requires that applicants:
a) be provided with a fair and unbiased assessment of their application
b) be informed of the decision-maker’s concerns.
c) have a meaningful opportunity to provide a response to concerns about their application.
The requirement for procedural fairness applies to all types of immigration and citizenship
applications and all aspects of decision-making.
Spousal Sponsorship Refusal
The Spousal Sponsorship application process is a daunting and time consuming task. It is very administrative for the most part, but can also be overwhelming and challenging should a case not be straight-forward (previous marriages, arranged marriages, marriages less than 2 years, children from previous marriages, common-law relationships) . Typical spousal applications are between 120 – 150 pages, after including all government forms and accompanying evidentiary documents. If documents are required to be translated, it can be as many as 200 pages.
The Canadian government has become increasingly more strict when reviewing applications and granting approvals. There has been a growing number of fraudulent applications from people who are using the Spousal Sponsorship application process to obtain permanent residence illegally. This has made it much more challenging to prepare a strong application that will be approved without issues. Often, when individuals attempt to apply on their own, the application is weak and the visa officer is not convinced of the genuineness of the relationship. They will either request an interview for both people, issue a procedural fairness letter requesting more evidence with further explanation, or an outright refusal. Approximately 40% of the clients our firm retains is after a refusal when they apply on their own.
Medical Inadmissibility
Medical Inadmissibility: Individuals with a medical condition that could pose a danger to public health or public safety, or that could potentially cause excessive demands on Canada’s social or health services, may be considered medically inadmissible to Canada.
There are 3 possible reasons for medical inadmissibility:
Danger to public health.
Danger to public safety.
Excessive demand on health or social services.
For the purposes of going to Canada on a temporary or permanent basis, medical examinations are typically confined to a standard physical exam performed by an IRCC-approved doctor which includes x-rays, urine tests, and blood tests. Medical records, which can include mental health records, are also reviewed as part of a medical examination for Canadian immigration.
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Overcome Immigration Refusals with Confidence
Thorough Refusal Case Assessment
Our experienced immigration consultants will review your refusal case in detail, identifying the reasons for the denial and helping you understand the next steps for a successful appeal or reapplication.
Strategic Appeal & Reapplication Guidance
We’ll assist you in formulating a strategic plan to address the issues raised in the refusal and guide you through the process of filing an appeal or reapplying with the correct documentation and supporting evidence.
Document Collection & Review
Ensure that your new application or appeal is strengthened by providing the appropriate documents. Our team will offer advice on the best way to collect and present the necessary paperwork to overcome previous issues.
Expert Advice for Clear Communication
We’ll ensure all communication with the immigration authorities is clear and professional, addressing any misunderstandings or misinterpretations from the original application.
Ongoing Monitoring & Updates
Track the progress of your case with regular updates from our team, ensuring you’re informed at every stage. We’ll keep you in the loop until your case reaches a favorable resolution.
Ongoing Client Support
From initial consultation to the final outcome, we’re with you every step of the way, offering consistent support, answering questions, and addressing concerns to ensure your best chance for success.
Comprehensive Immigration Categories
Work Permits
We provide work permit solutions like LIMA, Spousal Open Work Permit, and other leading pathway
Student Visas
We have tie ups with leading Canadian Colleges and process both inland and outland applications
Visitor and Super Visa
Looking to invite your parents, spouse, relatives. to Canada, let our super visa and visitor visa team handle it for you
Permanent Residence
Looking to File your PR. We have excellent sucess rate and pathways to full fill your goals
Refugee Case
Expert guidance and high success in managing complex refugee cases.
Notary Service
Fast, accurate, and professional document notarization you can trust.
Legal Services
Avail the suite of our legal services, provided by an experienced Attorney.
Why hire a
representative?
Self-represented applicants typically make errors which can lead to their application being refused and make it very difficult for them to apply again in the future. Our team will work with you to ensure that your application is complete and free of errors.
Spousal sponsorship applications may be refused for a variety of reasons, including insufficient documentation to prove your relationship is genuine. If you don’t have an intimate knowledge of the program, it can be very easy to make a mistake or omit important information and documents, which could lead to your application being delayed or refused.
Program rules, requirements, and forms are constantly changing. Our team will always follow and use the most up-to-date information and keep track of changes, so you don’t have to worry about submitting the wrong form or omitting an important document.
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True confidence.
Success Stories
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Frequently asked questions
A: Appeals are generally limited to specific visa types, such as family sponsorships, where an appeal can be made to the Immigration Appeal Division (IAD). For other types of refusals, like temporary resident visas, your options are typically to reapply or seek a judicial review.
A: Improving your chances involves carefully reviewing the refusal letter, addressing the specific reasons provided, ensuring that all required documents are comprehensive, and seeking professional advice if needed.
A: You can request a judicial review of your visa refusal in Federal Court if you believe the decision was unfair or made in error. However, this process does not guarantee a visa approval and is generally more complex.
A: A previous refusal does not automatically disqualify you from future applications. However, all future applications must fully disclose past refusals and show that any previous concerns have been resolved.
A: Our team specializes in analyzing the specific reasons for your visa refusal and developing a tailored plan to address these issues. We are committed to transparent communication, realistic expectations, and providing ongoing support throughout your reapplication or appeal process.
A: We have extensive experience dealing with complex refusal cases and know how to strengthen your application. Our approach involves personalized consultations, in-depth reviews of your circumstances, and strategic planning to maximize your chances of success.
A: Refund policies vary depending on the visa type and service provider. We recommend discussing our terms and conditions during your consultation to understand all possible scenarios.