Starting a new life in Canada is a dream for many, filled with promises of opportunity, adventure, and a fresh start. However, receiving a rejection from Immigration, Refugees and Citizenship Canada (IRCC) can feel like a door slamming shut on that dream. But don’t lose hope!
A visa rejection is not the end of your journey; rather, it can be a valuable learning experience that opens up new avenues. Understanding the nuances of your situation—whether your application was refused or returned—can help you take the following steps toward achieving your Canadian dream.
Refused VS Returned Visa Applications
Refused vs. Returned Visa Applications refer to two distinct outcomes in the visa application process that can significantly impact an applicant’s journey. It is crucial to understand the differences between the two so that all applicants can effectively navigate the immigration process and improve their chances of success in future applications.
Refused Applications
An application is considered refused when a visa officer determines it fails to meet the criteria for the specific visa category you are applying for.
This refusal can stem from various factors, including:
Insufficient Documentation: Missing or incomplete documents that fail to demonstrate your eligibility.
Medical Inadmissibility: Health conditions that may pose risks to public health or safety (rare).
Criminal Inadmissibility: Past criminal activity that violates admissibility standards (rare).
Implications of Refusal
Any government processing fees paid are typically non-refundable.
Additional steps may be needed, depending on the reason for refusal.
How to proceed after Visa Refusal?
If your visa is refused, the situation can become more complex compared to a returned application. Let us explore some situations and how to deal with them:
If your visa is refused due to Medical or criminal Inadmissibility, you may Contact a qualified Canadian immigration lawyer to explore your options. You may also contact ImmiLaw Immigration Professional Corporation for expert assistance from our Immigration lawyer.
If the refusal was due to inadequate documentation, you may still be eligible to enter Canada; however, you must reassess and strengthen your documentation. Engaging a Canadian immigration lawyer can be beneficial in correcting any errors from your initial submission.
Temporary visa refusals arise from concerns that applicants may not depart Canada after their status expires. So, a refusal for a temporary visa—for study, work, or tourism— does not affect your eligibility for Canadian PR. A PR application is intended for long-term settlement in Canada. Thus, a refusal does not necessarily jeopardize your aspirations for living in Canada.
Returned Applications
A returned application indicates that your submission lacked adequate documentation to establish your eligibility or that the program’s quota was full at the time of receipt by immigration authorities.
Implications of Return:
Government processing fees are usually refunded.
The application is not assessed for eligibility, meaning no formal decision is made.
What to do if your Visa Application is Returned?
If your application is returned due to exceeding quota limits for your chosen program, you must wait until the next intake period. Meanwhile, you may also explore other immigration categories that are still accepting applications.
If the return was due to missing documents or errors in your application forms, this can often be rectified easily. You can address the issue by submitting the required documentation and reapplying without significant hurdles.
What Are the Common Reasons for Visa and Immigration Application Rejections?
When applying for various types of visas or immigration programs, understanding the common reasons for rejection can significantly improve your chances of success. Different categories, including visitor visas, student permits, temporary worker permits, and permanent residency applications, require specific requirements. If you fail to submit any document or so, your chances of visa rejection will be very high. So, you must understand the potential pitfalls before submitting your application.
By understanding these factors, you can better prepare your application and improve your chances of success. Here are some of the common mistakes that any applicant can make that lead to visa rejection:
Common Reasons for Study Permit Rejections
Weak Statement of Purpose (SOP): Unclear or unconvincing study plans and future goals.
Insufficient financial proof: Inability to demonstrate funds for tuition and living expenses.
Concerns About Intent: Suspicions that you may not leave Canada after your studies.
Low Language Proficiency: Applicants do not meet the minimum language test scores.
Visitor Visa Rejections
Lack of strong home ties: if you fail to prove your strong ties to your home country and are unable to prove that, you will return after your visit.
Inadequate Financial Support: Failure to prove you can cover travel and living expenses during your stay.
Incomplete or Inconsistent Documents: Missing documents or discrepancies in the information provided.
Temporary Worker Permit Rejections
Lack of Qualifications: Not meeting the skills or experience requirements for the job.
Job Offer Issues: Invalid or unverified job offers from Canadian employers.
LMIA Concerns: Failure to provide a valid Labour Market Impact Assessment (if required).
Permanent Residency (PR) Rejections
Low Comprehensive Ranking System (CRS) Score: Not scoring enough points under Express Entry criteria.
Inadmissibility: Medical or criminal inadmissibility issues.
Misrepresentation: Providing false or misleading information in your application may result in visa rejection.
Family Sponsorship Rejections
Ineligibility of Sponsor: Not meeting financial or legal requirements to sponsor a family member may cause rejections.
Missing Proof of Relationship: Insufficient evidence of genuine relationships for spousal or dependent sponsorship.
What are the Other Causes for Visa Rejections?
Certain countries require medical clearances for long-term visas. Many Indian visa applications were rejected due to health-related issues. Conditions that may burden the healthcare system of the destination country can be grounds for denial. If you have unexplained gaps in your travel history or have visited countries flagged for immigration violations, that can be one reason for visa rejections.
Other common causes include applying under the wrong visa category, which can result in rejection. Timing your application is also crucial. Submitting a visa application too early or too late can lead to rejection.
By being aware of these common pitfalls and preparing accordingly, applicants can enhance their chances of successfully obtaining their desired visa or immigration status.
ImmiLaw Immigration Law Professional Corporation provides exceptional legal representation in immigration matters, ensuring the highest chances of visa success. Our dedicated team offers personalized services and one-on-one consultations, assisting international students, temporary foreign workers, entrepreneurs, and candidates seeking temporary or permanent residence in Canada.
Reach out to us and take the first step toward making Canada your home!
Judicial review is a legal process that enables individuals to challenge decisions made by immigration authorities. It allows a Federal Court judge to assess whether the actions of the immigration officials were fair and by the law.
If the judge finds that the decision-making process is flawed, they can order the authorities to reconsider the application.
While judicial review does not guarantee approval, it does ensure that the application receives a fair reassessment. This can be a valuable opportunity for individuals facing immigration refusals, providing a chance for a more equitable decision.
When Can You Appeal an Immigration Refusal?
If the judge allows the judicial review, the authorities must review the application. Alternatively, you may choose to bring your case to the Immigration Appeal Division (IAD) of the Immigration Refugee Board of Canada (IRB). This distinction between judicial review and appeal provides you with two potential paths to challenge an immigration refusal.
If your appeal is successful, the IAD adjudicator, often called a member, will generally approve your application. This member is responsible for hearing appeals and deciding on cases before the IAD. As a result, an appeal is often a more favorable option than a judicial review, which can be more time-consuming and uncertain.
How Does the Judicial Review Process Work?
The judicial review process is an essential option for those looking to challenge decisions made by immigration authorities. By understanding the steps involved, you can navigate the process more effectively and protect your rights.
Let us delve into the steps of the JR process:
Apply for leave and judicial review, which requires a filing fee of $50.
If the judge grants leave, you will likely attend an oral hearing. Sometimes, immigration authorities may settle before the hearing, eliminating the need for it. If the judge denies leave, you lose the case without an option to appeal.
At the hearing, the judge can either:
Allow the judicial review, leading to the reopening of your application by the immigration authorities.
Dismiss the judicial review, meaning the authorities will not reopen your application.
A typical judicial review does not provide a right to appeal. However, if the Federal Court judge certifies a severe question of general importance, you may file an appeal with the Federal Court of Appeal.
Always remember that the specific process may vary based on the details of your case.
Timelines for Filing a Judicial Review in Canada
If you are considering filing a judicial review (JR), it is crucial to act quickly due to strict deadlines.
For decisions made inside Canada, you have only 15 days from the date you receive the decision to submit a JR application. For decisions made outside of Canada, the deadline extends to 60 days.
It is highly recommended that you consult an immigration lawyer as soon as you receive the decision.
While there are fixed filing deadlines, predicting the processing time of a JR is much more challenging. In some cases, the Court may agree to extend the deadline under specific circumstances [A72(2)(c)]. The time it takes for the process can vary significantly.
For instance, a recent JR hearing involving over 100 people took four years from the initial filing to the hearing. However, the hearing process usually concludes in under a year for individual cases.
Is Requesting Reconsideration a Viable Alternative to Judicial Review?
A request for reconsideration can be made regarding an immigration decision, but the likelihood of success is typically low. You must view this option as supplementary rather than a replacement for a judicial review. You may file a reconsideration request just days before initiating the judicial review process or even simultaneously.
For judicial review cases, having a lawyer by your side is essential. While we specialize in IAD cases and various non-court issues, our immigration lawyer is ready to assist you. Schedule a consultation or complete our assessment form to get started.
The Humanitarian and Compassionate (H&C) application offers a pathway to Canadian PR for individuals who cannot meet standard immigration criteria due to exceptional circumstances. This route is generally pursued as a last resort once other immigration options have been exhausted or when no other viable pathways are available.
The H&C application is primarily designed for those already residing in Canada. It addresses unique and compelling situations, such as long-term establishment, family connections, criminal or medical issues, or de facto family relationships. While it is possible for individuals outside Canada to apply, Immigration, Refugees, and Citizenship Canada (IRCC) rarely consider such applications.
The procedure is distinct and is left up to the judgement of immigration authorities. Applicants must provide substantial evidence and convincing reasons to show why their situation deserves an exception.
Who Can Apply for Humanitarian and Compassionate Grounds?
On the grounds of humanitarianism and compassion (H&C), foreign persons who are residing in Canada but do not currently hold legal immigration status may apply for permanent residence.
People who have overstayed their visas.
They were excluded from the family class because their sponsor didn’t declare their existence or have them examined.
They had a refugee claim denied more than a year ago.
Who is Excluded from the H & C?
Before submitting an application for H&C, those who have an active refugee claim must withdraw it.
Ineligible are those who received an adverse decision from Immigration, Refugees and Citizenship Canada (IRCC) in the past 12 months, except those with young children or severe medical conditions.
Those who in the previous 12 months, retracted their refugee application.
Designated Foreign Nationals and individuals considered “irregular arrivals” into Canada are excluded for five years.
What conditions must you meet in order to prolong your stay in Canada while filing an H&C claim?
Extending your stay in Canada during a pending Humanitarian and Compassionate (H&C) claim requires careful attention to maintaining your legal status. You must ensure that your work permit, study permit, or visitor visa remains valid while processing your application. This is crucial, as any lapse in your status could lead to a removal order.
Let us see the steps to maintain Legal status during an H&C Application:
Apply for an extension before your current permit or visa expires.
Meet the conditions of your current status, ensuring you continue to comply with all regulations (e.g., only work or study with the proper authorization).
Fulfill the criteria for the category under which you are applying to extend your stay.
Opt for Online submission for quicker processing, though paper applications are also accepted.
How can you renew an expired Canadian Resident status?
Renewing an expired Canadian resident status requires meeting specific eligibility criteria and taking timely action before your PR card expires. Before leaving Canada as a permanent resident, make sure your card is valid for a minimum of six months. If the expiry date is approaching, apply for a renewal while still in the country.
If you wish to renew your PR status, keep in mind that you must be :
A permanent resident of Canada.
Be physically present in Canada.
Not hold a Canadian citizenship or an Indian Act registration.
Not be under a removal order.
Not have been convicted of an offence
If your PR card is lost, stolen, or expires while abroad, request a Permanent Resident Travel Document (PRTD) to return to Canada. You must have this document to re-enter. You can apply for a renewal of your PR card once you’re back in Canada.
What is the process for a H&C application?
Applying for Canadian PR on H&C grounds is a detailed process requiring careful attention. You may begin by:
Complete all required forms and gather the necessary documents.
Submission letter that clearly explains your situation and the reasons for your H&C claim.
Apply and pay the required processing fees.
After submitting your application, Immigration officers will assess your case to determine if your circumstances justify granting you PR. They may consider the certain aspects that help determine whether granting permanent residence on H&C grounds is justified.
Among the variables that could be taken into account include, but are not restricted to:
Establishment in Canada
Unable to depart Canada, which resulted in the creation
Being cut off from family or having connections to Canada
Best interests of any kids your application may impact
Health considerations
Family violence considerations
Consequences of your separation from relatives
Elements in your nation of origin (unrelated to applying for protection)
Anything else you would want to have had taken into account that is pertinent but unrelated to requesting protection.
Consideration of the Child’s Best Interests
When assessing your application, the best interests of any children directly affected by the decision will be carefully considered.
A few examples of variables that could be relevant to the child’s best interests are as follows:
child’s age
child’s establishment in Canada
circumstances in the child’s nation of origin that may have an effect
child’s medical needs
child’s education
child’s gender
Please note that the best interests of a child are one of many significant considerations that the decision-maker will take into account.
You may include critical documents:
Provide credible third-party documents.
Include medical reports.
Submit expert opinions on your home country’s conditions.
Attach income records.
Provide recommendations from employers or other relevant individuals.
If your application is accepted, you may apply for permanent residence on H&C grounds. If, for some unfortunate reason, your application is rejected, you may appeal to the Federal Court of Canada within 15 days. But the procedure is intricate and necessitates legal knowledge.
Also remember that online stay extension requests usually process in about three months, while paper applications often take a bit longer. It’s essential to maintain your legal status in Canada and avoid international travel during this time, as you may need to attend interviews or provide additional documentation.
Steps to Apply for H& C Grounds
Applying for Humanitarian and Compassionate (H&C) grounds involves completing several forms and providing detailed information. Here’s how to proceed:
If you are already in Canada
Fill out the general application: For immigration to Canada, use Form IMM 0008.
Submit the H&C exemption request: Fill out Form IMM 5283 to request an exemption based on Humanitarian and Compassionate grounds.
If you are applying from outside Canada
Select an immigration class: Choose from the refugee, family, or economic class forms.
Include your H&C reasons: Provide detailed reasons for seeking relief on Humanitarian and Compassionate grounds in your application.
What are valid Humanitarian Grounds for Application?
Applying on humanitarian grounds may be justified by:
Seeking permanent residence in Canada due to established economic ties.
Having little children who might be harmed by the applicant’s removal from Canada
Facing a life-threatening medical condition that is untreatable in the applicant’s home country.
Experiencing threats or fear from individuals in their home country.
5 FAQs
1. What should I do if my Humanitarian & Compassionate (H&C) application is refused?
If you face a refusal, don’t worry! You still have 15 days to file an Application for Leave and Judicial Review with the Federal Court of Canada. The court will return your application for reconsideration if it finds it to be meritorious.
2. How long does it typically take to process an H&C application?
The H&C application process can be quite lengthy, often taking around two to three years. The good news is that you can stay in Canada while your application is being reviewed if you make additional applications.
3. What is the duration of a humanitarian visa once it’s granted?
Once granted, a humanitarian visa leads to permanent resident status, which generally requires you to reside in Canada for at least two years, though there are some exceptions.
4. How can I ensure my H&C application is as strong as possible?
To strengthen the application, you may gather and present detailed documentation, including evidence of your circumstances and any supporting third-party documents. Seeking guidance from experienced immigration lawyers/ ImmiLaw Immigration can also significantly boost your chances.
5. What role can ImmiLaw Immigration play in my H&C application process?
ImmiLaw Immigration Law Professional Corporation can be a game-changer for your H&C application! Our expert team of immigration lawyers will help prepare your case, compile necessary documents, and navigate the complex legal process, ensuring you have the best chance of success.
In a recent statement, the Immigration, Refugees and Citizenship Canada (IRCC) Deputy Minister Transition Binder noted changes to PGWP issuance. The changes will align with Canada’s current labour market needs. As a result, students entering high-demand fields will have easier access to PGWPs, while permits for other graduates may be limited.
The PGWP provides international students with a valuable opportunity to gain work experience, which is crucial for helping them achieve Canadian permanent residency.
In this article, we will explore the ins and outs of the PGWP for international students in 2024.
About Post-Graduation Work Permit (PGWP)
A PGWP is an open work permit available to international students enrolled in any of the Canadian Designated Learning Institutions (DLI).
It is a popular and highly valued work permit for international students, as the total work experience they gather will enhance their chances of becoming eligible to obtain PR in Canada.
Now, let us explore the answers to Ten common FAQs that every international student looks forward to:
What Are the Eligibility Criteria for a PGWP?
In order to become eligible for a PGWP, international students must:
Complete a post-secondary program (academic, vocational, or professional) of at least eight months at an eligible Designated Learning Institution (DLI) in Canada.
Earn a degree, diploma, or certificate.
Graduate from an eligible institution.
Maintain full-time student status during all academic sessions of the program used for the PGWP application.
Obtain a transcript and an official letter confirming program completion.
What Is the Validity of a PGWP?
The programs under eight months old are ineligible for a PGWP. The validity of a PGWP depends on the length of the study program.
If the programs (excluding Master’s degrees) are for eight months or more, and validity is the same length as the completed program. For instance, an international student who completes a ten-month program earns a ten-month work permit.
If the program is for two years or more, then validity is for up to three years.
The criteria for Master’s Programs are entirely different as per the changes made to PGWP in 2024.
If the program is less than eight months, the student becomes ineligible for a PGWP.
If the program lasts eight months or more, the student is eligible for a three-year PGWP, regardless of the length of the program.
Even if the Master’s program is less than two years, students are eligible for an extra year of PGWP, offering a valuable opportunity to gain extended work experience in Canada.
Is It Possible to Renew My PGWP?
No, you cannot renew a PGWP. It is a one-time work permit granted to eligible international students, and once it expires, you cannot extend or renew it.
Are PGWP Applicants Allowed to Travel Outside Canada While Waiting?
PGWP applicants can travel to and from Canada if they have a valid visa or Electronic Travel Authorization (eTA).
PGWP applicants must consider the following upon returning to Canada:
They can return as students if their study permit is still valid.
They can enter as workers if their PGWP was approved while they were outside Canada.
Applicants still waiting for their PGWP can return as visitors. Visitors can work without a permit while their application is being processed.
Is it necessary to have a Labour Market Impact Assessment?
If you work in Canada on a PGWP, you generally do not need an LMIA. However, you might need one if you apply for programs like the Federal Skilled Worker Program (FSWP) or the Federal Skilled Trades Program (FSTP). Additionally, if your occupation requires an LMIA and is not exempt, you must obtain it.
Can PGWP Applicants Apply for a Job Before Receiving Their Permit?
Yes, PGWP applicants can apply for a job before receiving their permit if they meet the following criteria:
They were enrolled full-time in an eligible program at a Designated Learning Institution (DLI).
They have completed their program of study.
They adhered to the permitted number of work hours for both on-campus and off-campus work.
However, if international students do not receive PGWP approval, they must stop working immediately and can no longer continue employment.
Can I Work in a Different Field If PGWP Lists a Specific Occupation?
If your PGWP lists a specific occupation, whether you can work in a different field depends on how the occupation is listed:
If listed under Additional Information: You are not restricted to the field specified and can work in any occupation without needing to change your work permit.
If listed under Conditions or Remarks/Observations: You must work in the field mentioned. To work in a different field, you need to apply to change the conditions of your PGWP. This involves applying for a new work permit from within Canada.
Will I Be Able to Work in a Different Location if My PGWP Specifies an Employment Address?
The ability to work in a different location depends on how your employment address is listed on your PGWP. When listed under Additional Information, there are no restrictions on where you can work within Canada, and no changes to your permit are necessary.
However, you must work at the listed location if the address appears under Conditions or Remarks/Observations. To change your work location, you may apply to adjust the conditions of your PGWP.
Will Switching Employers on a PGWP Help Me Qualify for the Canadian Experience Class?
Yes, you can switch employers with a PGWP, as it is an open work permit. Always remember to follow any conditions stated on your permit. To qualify for the Canadian Experience Class (CEC), your work experience needs to be in a skilled occupation, specifically those classified under the National Occupation Classification (NOC) TEER 0, 1, 2, or 3.
What Is the Cost of a PGWP?
The cost to apply for a PGWP is CAD 255. If you need to restore your student status before applying, an additional fee of CAD 379 will be required.
The Post-Graduation Work Permit (PGWP) is a crucial stepping stone for international students aiming to build their careers in Canada and potentially transition to permanent residency. However, understanding the eligibility criteria, conditions, and limitations of a PGWP is essential for making the most of this opportunity.
At ImmiLaw Immigration Law Professional Corporation, we are here to guide you through every step—from choosing the right study program to navigating the PGWP process and other immigration pathways. Our experienced immigration lawyers and overseas study experts will help you stay on track toward your career and residency goals in Canada.
Contact us for a detailed consultation tailored to your needs and for a smooth immigration journey.
These letters are crucial in showing Canadian authorities your qualifications and how you fit into the current job. Getting them right is your first step towards achieving your immigration goals.
What is NOC and its Importance?
The National Occupational Classification (NOC) is a system in Canada that assigns a code to every occupation in the Canadian labour market using the NOC matrix. The NOC is managed by Employment and Social Development Canada (ESDC) and it is regularly updated to keep up with changes in the Canadian job market.
Immigration, Refugees, and Citizenship Canada (IRCC) uses these codes to assess the work experience of immigration applicants. Hence, when applying to immigrate, you must match your job experience to the proper NOC code.
About Employment Reference Letter for Canadian Immigration
An Employment Reference Letter is not the same as a typical job reference letter. Instead of recommending you as a potential employee, this letter verifies that you worked for a specific employer for the period you claimed and that your role aligns with your chosen NOC code.
These letters are crucial because they allow the visa officer to review your application and calculate your work experience. Since work experience is a significant factor in most economic immigration programs, the quality of your reference letter can significantly affect your application. The visa officer may deny your application if they doubt the authenticity of your letter or if it lacks essential information to validate your work experience.
Handling Multiple Positions within the Same Company
What if you have held multiple positions within the same company? In this case, try to get the company to issue separate letters for each role and check the NOC code accordingly. If multiple positions are included in one letter, ensure that the letter mentions breaks up each period of employment. This helps provide a detailed and accurate account of your work history, making it easier for immigration officials to assess your experience.
How to Draft a Strong Employment Reference Letter?
While drafting the ideal Employment Reference Letter, remember that the ideal format plays a crucial role in its success. It should be formal and include comprehensive information about the issuing company.
A well-crafted reference letter ideally includes:
Your exact job title
Duration of your job
Average working hours in a week
Job responsibilities and duties
Weekly Salary
Company letterhead for a professional appearance
Signature from authorized officer or supervisor
Printed name and job title of the signer below their signature
Contact details of the company
Official company seal, if available
Business card of the signer, if possible
The visa officer may view the absence of these elements in your reference letters as a potential red flag regarding the authenticity of the employer issuing the letter.
Among the list, as mentioned earlier, the detailed job responsibilities and duties are crucial for an ideal reference letter. This section should outline your daily tasks and responsibilities, comprising most of the letter’s content.
Remember, visa officers may not be familiar with some industry-specific abbreviations or terms, so you must clearly explain the job duties. That means clarity is vital.
The visa officer confirms whether you have chosen an appropriate NOC code or are an apt candidate by checking your detailed duties. Every NOC code has an associated lead statement and a list of duties. It’s acceptable if your official job title doesn’t exactly match those listed under your chosen NOC code as long as your job duties correspond to its description and duties.
However, suspicions may arise if your reference letter contains precisely the same as the NOC description. The visa officer might interpret this as an attempt to make the letter fit the NOC requirements rather than accurately reflecting your work experience. Such letters are considered “self-serving” and may lead to the rejection of your application.
Alternative Ways to Prove Work Experience Without an Employment Reference Letter
An Employment Reference Letter is the most reliable and secure method for proving your work experience. However, if you cannot obtain one for a valid reason, there are other ways to persuade the visa officer. You can provide supporting documents such as:
Employment contracts
Promotion letters
Paystubs
Photos of you at work
Affidavits from former colleagues
It is essential to include a signed letter detailing why you cannot provide an Employment Reference Letter. However, the final decision always rests with the visa officer, even if you have a strong reference letter. The key is compiling a thorough job record to demonstrate the authenticity of work experience. Including more information generally enhances credibility with the visa officer and improves your chances of approval.
ImmiLaw Immigration Law Professional Corporation, with a team of highly proficient immigration lawyers, assists with diverse immigration needs. Our experienced team supports creating EE profiles, choosing PNP programs, and providing additional services.
Contact us to embark on a brighter future in Canada.
