Refusals and Appeals
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REFUSALS AND APPEALS
Refusal of temporary residence or study permit application can be a stressful situation. A visa refusal is an enormous roadblock to your Canada immigration plans. A visa refusal by Immigration, Refugees and Citizenship Canada (IRCC) can be for several reasons.
The refusal or approval of a study permit or permanent residence application depends on the visa officer’s fair judgment. They will issue a refusal letter outlining the reasons. A visa refusal can be on multiple grounds. Hiring a knowledgeable immigration consultant will help you address the reasons for refusal by appealing the decision or submitting a new application.
Available courses of action
Foreign nationals can explore the following two types of actions following refusals of study permit or permanent residence:
Appealing the decision – If you have reasons to believe refusal is incorrect or unfair as your application met all essential criteria, then you appeal for reconsideration.
Submitting new application – Submitting a new application is the correct step if the applicant believes refusal is on the valid ground.
In the following section, we highlight a few scenarios and necessary steps to address the refusals of a study permit and permanent residence application.
Study permit application refusal
An international student must get a study permit to pursue a study program in a Designated Learning Institute (DLI) by staying in Canada with legal status. A study permit refusal can jeopardize your academic career unless you consult an experienced immigration resource. We provide suitable guidance by reviewing the refusal grounds to help you address the issues.
You may appeal the refusal if you have reasons to believe the refusal is unfair, as you met all eligibility criteria for a study permit. Requesting a visa officer’s notes is the first step to drafting the future course of action. You can understand the refusal’s validity by going through the visa officer’s notes. We review the visa officer’s notes to recommend a future course of action.
If you have no objection to the reasons for refusal, then the best option is to submit a new study permit application. Our immigration advisers provide thorough guidance for preparing the new application by addressing the objections and shortcomings which resulted in the refusal.
Grounds and remedies for study permit refusals
Wrong selection of the study program
Most study permit refusals are because of the applicant’s wrong choice of study program. The visa officer may refuse your study permit application if the study program is irrelevant to your previous education or work experience.
One may receive a refusal if they choose a study program in the healthcare sector with a work experience in the automobile sector. You may provide a detailed explanation justifying your choice of the study program to address the refusal because of a mismatch between your past education or work experience and the selection of a particular study program.
Inability to prove financial support
Immigration, Refugees and Citizenship Canada mandates the applicant of a Study Permit to provide proof of financial support during the study program. Inadequate financial support is a common ground for refusal.
Reviewing the documents to confirm financial support at the time of application and understanding the IRCC’s concerns will help you submit additional proof to meet the criteria.
Questionable Intent
IRCC may raise doubt about your intention to leave after completing Canada. Staying without status is a serious offense, resulting in a ban and deportation. The visa officer must believe you will leave Canada after the study permit validity expires.
Demonstrating solid reasons to return to the country of origin is the only way to deal with IRCC’s objection to your intent.
Incomplete travel documents
The validity of identity and travel documents is crucial for study permit verification. Visa officers will refuse your application if there are discrepancies or omissions in your travel and identity documents.
The applicant should understand the specific reasons for such refusals, like inadmissibility to deal with these refusals. The knowledgeable support of a reputed immigration consultant is crucial to address inadmissibility issues.
Issues with the Letter of Acceptance
The Letter of Acceptance forms the basis of your study permit application. Meeting all program requirements as mandated by the Designated Learning Institute is crucial to get study permit approval. IRCC may raise doubts about the authenticity of your Letter of Acceptance and turn down your study permit application.
You may have to communicate with the institute to seek help to substantiate the documents. Reviewing documents and providing more information, like documents to address the concerns, is helpful.
Permanent residence application refusals
Refusals are common in permanent residence applications, as several candidates commit errors in filling out applications or do not follow the correct procedures. We provide in-depth guidance about procedures to apply for permanent residence, besides helping candidates to fill out applications to avoid refusals.
Probable grounds and remedies for refusals of PR applications
These are a few common grounds IRCC may refuse an application for permanent residence:
Missing the timelines
Permanent residence applicants must follow stringent timelines for the submission of supportive documents. Established immigration consultants work with you at every step with the applicant to ensure proper adherence to timelines. The visa officer may grant a due date extension by submitting a request.
Inadmissibility
Inadmissibility on criminal or health grounds is a grave issue, resulting in the refusal of permanent residence applications. The IRCC may deem the applicant inadmissible on health grounds if the applicant’s health is a threat to Canadians’ health or a burden on Canada’s health system. We study the reasons and provide knowledgeable help to overcome criminal or health inadmissibility.
Misrepresentation
Refusal because of misrepresentation is a serious issue if the candidate forges documents as IRCC perceives it to be a deliberate attempt to enter Canada with the help of forgery. We help candidates eliminate document errors, as an inadvertent mistake may lead to the refusal of a PR application on the grounds of misrepresentation.
Address refusals by hiring a strong immigration counsel
Refusals can devastate your immigration plans. Avoiding a refusal by following the procedures and filling out the forms with documentation is a logical approach. Seek the knowledgeable support of an immigration expert to avert or address visa refusals.
Duke View is your trusted immigration consultant for matters about refusals. We review the reasons for refusals to craft a proper solution and boost the chances of your Canada immigration. Our immigration experts help you choose the right immigration pathway suitable for your profile. Reach us today for knowledgeable support about refusals and appeals.
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You may submit a personal statement explaining your justification for choosing the particular study program to deal with the refusal because of a wrong program selection.
The Immigration Appeal Division needs six months to two years to decide on appeals on refusals.
One should appeal permanent residency application refusal to the Immigration Adjudication Division.
One can apply again if the refusal letter does not mention that the applicant cannot re-apply. The applicant is only eligible to apply again if they provide additional information or documentation missing in the first application.
The IRCC returns the application if the program has no vacancies, the individual applies before the reopening date of the program, or the application is incomplete.