Canada PR Visa Refusals

Did you receive a rejection letter for your Canadian Permanent Resident visa application? It is not a time to get discouraged if your pr application rejected. You should take the time to understand the potential reasons for rejection of your application.

Many prospective applicants have their Canadian permanent residence applications refused each year. Refusals do not just happen without any reason. Whenever any immigration offer issues a refusal letter, they are referring to specific immigration rules and guidelines.

It is possible that the immigration officer may have made a mistake in reviewing your application. Let’s look at the options you have in such a circumstance.

What Are the Options If My Permanent Resident Application is Refused?

Once you receive the PR application refusal letter, it is essential to act quickly. Don’t panic and instead consult an experienced Canadian immigration lawyer who can support you in strengthening the documentation. Doing this can increase the chances of favorable outcomes.

An immigration appeal can be a decent option for your case if it has merit as per the case facts.

Appeal to Federal Court of Canada

Making an appeal to the Federal Court of Canada is possible. Once you get the refusal letter, there is a certain time limit within which you will need to apply to the Federal court. Making an appeal after this time limit will not stand any chances.

Appeal to IAD

For pr refusals, appeal can be made to the Immigration Adjudication Division (IAD) by the potential applicant within a specified time frame from the date of refusal by Immigration refugees Citizenship Canada (IRCC).

Request Case Restoration

In some circumstances where pr application rejected, you can request to restore your case for processing to the Case Processing Centre (CPC), once you get to know of your refusal.

Appeal deadlines are stringent and also depend upon where the application has been done. Applications within Canada have a different processing time than the ones filed by applicants outside Canada.

It is recommended that you consult a skilled immigration lawyer to make sure that your case is assessed quickly and then consider the available options.

Common Reasons for Rejection of Canada Permanent Resident Visa Application

• Misrepresentation of facts or information in the application is a leading cause of rejections; failing to add material information, failure to understand the documentation to be provided can be a few named reasons
• Missed deadlines – Citizenship and Immigration Canada (CIC) has timelines laid down for submission of immigration forms and applications. Missing the deadline can lead to a rejection of your permanent resident application; maintaining the submission dates, and sufficient documentation is vital to not to get your application rejected
• Ineligibility – Not being eligible under a particular immigration stream can be a reason of rejection of your application; there are more than 60 immigration streams present which have different eligibility factors for age, education, language proficiency, occupation and much more. It is important to double check your eligibility in a particular immigration stream before making an application under it
• Failure to provide the correct documentation can also be a reason for refusal of your permanent resident application – CIC requests for a detailed documentation list once the permanent resident visa application is submitted, that needs to be submitted within timelines
• Criminal record – it is essential to clear all criminal and background checks in all countries where the period of residence is more than 6 months. The intent of this process is to maintain the safety of Canadian residents and ensure safe entry of immigrants to Canada

Sponsorship Applications

Did you receive a spouse sponsorship refusal letter from Citizenship and Immigration Canada (CIC)? If you have recently received a parents sponsorship refused letter, do not be discouraged.

A refused sponsorship application can be appealed based on specific considerations. You and your immigration lawyer can file an appeal if you have reasons to believe that the immigration officer made incorrect decisions by refusing your application. The reasons may range from them acting unfairly, beyond their jurisdiction or against the law.

Making an Appeal for Sponsorship Application Refusals

Spousal Sponsorship

Spousal sponsorship applications are typically filed from within Canada to the Alberta Case Processing Centre, Vegreville. If you receive a spousal sponsorship refusal, you have a period of 15 days to file an appeal to the Federal Court of Canada.

For spousal applications from outside Canada, you have the additional option of making an appeal to the Immigration Adjudication Division (IAD). The IAD hears cases with immigration officer’s review errors and also those filed on compassionate and humanitarian grounds. Once the appeal has been filed, it can take many months or even over a year to be dealt with your case. It is recommended to consult with lawyer for visa application rejected.

Parent Sponsorship

Parent and grandparent sponsorships are generally filed from outside Canada.

Common Reasons for Rejection of Canada Permanent Resident Visa Application

• Once an immigrant receives permanent residence in Canada, they generally sponsor their spouse, dependent parents, grandparents, and children to come and live with them in Canada. Applying for permanent residence through family sponsorship is a detailed process where it is vital to make sure that all immigration rules are carefully followed. Otherwise, the sponsorship application can be denied.
• Sponsor’s Ineligibility – if the minimum eligibility requirements to be a sponsor is not satisfied by the permanent resident or Canadian citizen who is sponsoring his family members, the application is liable to be refused. Being an adult with minimum income requirements, zero financial defaults, and intention to continue residing in Canada are some of the conditions that the sponsor needs to fulfill. (spousal, conjugal partner or common-law partner or dependent children sponsorship does not require fulfillment of financial requirement) Clean criminal record and not being a recipient of government social assistance are other factors which the sponsor needs to fulfill.
• Ineligible for being sponsored – Lack of fulfillment of basic eligibility requirements of the family member being sponsored can also lead to the refusal of sponsorship application. Parents, grandparents, dependent children, common-law partner, conjugal partner, and married spouse are eligible to be sponsored. They also require to have a clean criminal background check, should pose no security concerns and should not possess major health issues.
• Sponsor not residing in Canada – if the Canadian citizen is not living in Canada, they cannot initiate or follow through on the sponsorship application. Being a Canadian citizen, applications from outside Canada are allowed if they can demonstrate that they will be living in Canada once the family member receives sponsorship.
• Failure to declare family members and deciding to sponsor them in the distant future can lead to a refusal of their sponsorship application. At the time of applying for permanent residence, if the family member was not included as family, they are ineligible to be sponsored to Canada as a permanent resident.
• Any misrepresentation of facts can render the sponsorship application invalid. As per Canadian immigration laws, accurate and true facts are to be mentioned in all application and supporting documentation. If any deliberate or accidental misrepresentation occurs, the application can be denied.
• If any spousal sponsorship application looks similar to marriage fraud, the application can be rejected. All details of the marriage relationship such as the date of commencement of relationship, marriage ceremony, and other aspects are probed to make sure the relationship is indeed real and not a fraudulent one.
• If you happen to receive a sponsorship refusal letter, spend sufficient time to review it and figure out the actual reasons for the rejection. Based on the immigration consulate where the application was filed, there will be certain options available to you.
• It is recommended to connect with a knowledgeable immigration lawyer who can understand your case and craft a suitable strategy to achieve successful outcomes.

How We Can Help

Having a capable and qualified immigration lawyer by your side will help you to determine the best strategy to get that coveted sponsorship for your loved one. Experienced Lawyer for spouse sponsorship, parent sponsorship will help you to understand and respond with an application to reapply or appeal against a sponsorship visa refusal.

Connect with Nanda & Associate Lawyers today to know how you can sponsor your parents or spouse with a new or existing application appeal. Our experienced and knowledgeable team of lawyers and immigration consultants will assist you in reuniting you with your family and enabling you to have a secure life with your family in one of the most developed nations in the world.