Refused Immigration Applications to Canada

Reconsideration

Requests

If your immigration application to Canada was refused by IRCC, preparing a request for reconsideration might be your best option.

What should you do if your immigration application to Canada is refused?

 

Don't WAIT

You must act quickly

After you receive a refusal letter you must not waste your time. Every day counts and any delay can significantly reduce the options available to you.

REACH OUT FOR HELP

Speak to an immigration lawyer

Seeking assistance or legal advice from a Canadian Immigration Lawyer will be your first step if your immigration application is refused by IRCC.

Fight the refusal

Choose your strategy

When you connect with an immigration lawyer you will analyze the reasons for the refusal and develop your personalized strategy in how you can fight the refusal.

 

Reconsideration Request in a nutshell

What is a Reconsideration Request?

 

A reconsideration is a request to a visa officer to reconsider a refused immigration application. An individual may choose to submit a reconsideration for a rejected immigration application if they believe the visa officer made a mistake. Reconsideration can be made for temporary status applications (i.e. visitor visa, study permit, work permit), or permanent residency applications (such as Express Entry).

A reconsideration is one of many legal options to overcome a refusal. A reconsideration request can be submitted in addition to, and in parallel to other legal avenues. In some cases, you may be able to appeal the refusal to the Immigration Appeal Division or make an application for a Judicial Review at the Federal Court of Canada.

There are no rules or fees to request a reconsideration. A reconsideration request is less complicated and less costly to prepare compared to other options. The visa officer has a high level of discretion in deciding your reconsideration and, in most cases, there is a low likelihood of success. They also have discretion in the processing times. However, if your request for reconsideration is accepted, your immigration application may be approved.

Was your immigration application to Canada refused?
Choose the right strategy to overcome the refusal…

If your Canadian Immigration Application was refused you should consider all options available to you. Reconsideration Request may be your best way forward (however, not always!). You should reach out to an immigration lawyer to discuss your specific situation and review the reasons for the refusal before you decide what would be the right strategy in your case.

 

Reapply

Submit a new application

This may be the best solution to a refusal. Our lawyers can help you identify the weak points and improve your new application.

Reconsideration

Ask the officer to reassess your file

By preparing the Reconsideration Request you’re asking the immigration officer to reopen and reconsider your refused application.

Judicial Review

Challenge the refusal in Court

If the reasons for the refusal were not intelligible, coherent, and based on a logical chain analysis, you may file a Judicial Review application.

Reconsideration request or new application?

Submitting new application.

If the refusal of your immigration application to Canada was appropriate and your reconsideration is not justified (i.e. no errors by the visa officer), you may want to consider submitting a new application instead of a reconsideration. In your new application, you should address the reasons for refusal with additional documents and a letter of explanation.

For example, if your immigration application was refused because you did not demonstrate that you would leave Canada at the end of your stay, the new application should clearly demonstrate how you will leave Canada at the end of your stay. In this case, you may want to provide more evidence to demonstrate strong ties to your country of origin, such as the ownership of property, ownership of a business, future employment, immediate family members in your country of origin, and any other reason why you would leave Canada.

The additional information that you provide in your new application will vary greatly based on the reasons for refusal, your personal circumstances, and the visa notes (if obtained).

Reconsideration request or Judicial Review?

Can you submit a reconsideration request and appeal a refusal in the Federal Court at the same time?

 

You can pursue a Reconsideration and Judicial Review at the same time. The reconsideration will provide an opportunity for the immigration officer to reconsider their decision, reopen your file, and continue the processing of your application. However, they have a high level of discretion and they do not have any formal obligation to make a decision on the reconsideration request. As noted above, a judicial review is a formal legal proceeding. Depending on your case, you will have to demonstrate that the decision was unreasonable or incorrect.

 

How do we work with our clients to prepare Reconsideration Requests?

The process of preparing a Reconsideration Request to IRCC involves reviewing the application that was refused, identifying the main issues and potential errors made by the officer (or the applicant), and writing a strong submission letter asking the IRCC officer to reconsider the decision on a refused immigration application.

Throughout this process, there is a continuous collaboration between the lawyer and the client to ensure that the Reconsideration Request for a refused Canadian immigration application addresses all concerns that have led to a negative decision on the refused application.

Once the submission letter is ready, the lawyer and the client connect to review the submission, correct mistakes, and add any other information or documents relevant to the request.

Our reputation is everything for us! We only proceed with cases that have a reasonable likelihood of success. Book a consultation with a lawyer to assess to discuss your refused immigration application.

Frequently asked questions

You probably still have many questions about the Reconsideration Requests for refused immigration applications...

We’ve got some answers for you here:

  • A reconsideration request is a formal appeal to a visa officer to review and potentially overturn a decision on a refused immigration application.

  • Anyone whose immigration application (temporary or permanent) has been refused and believes there was an error in the decision can submit a reconsideration request.

  • To submit a reconsideration request, you need to write a letter to the visa office that made the decision, outlining why you believe the decision was incorrect and providing any supporting documentation.

  • No, there are no application fees associated with submitting a reconsideration request.

  • Processing times for reconsideration requests can vary, as visa officers have discretion over these timelines.

  • The likelihood of success is generally low, as visa officers have broad discretion in these matters. However, if the request is successful, the original application may be approved.

  • Yes, you can pursue other legal options, such as appealing to the Immigration Appeal Division or filing for a Judicial Review at the Federal Court of Canada, while your reconsideration request is being processed.