There are many reasons why your application was refused, as these applications are highly discretionary. They appear simple for a layperson, but they require an enormous number of documents and detailed preparation. Even more so, as applications are being more often assessed with the assistance or simply by Artificial Intelligence, and therefore impeccable preparation is the key.
What are your options?
You have several options. You may resubmit your application on your own, or you may choose to retain the services of an experienced, Regulated Canadian Immigration Consultant. The consultant can guide you through the application process, ensuring that your application is prepared impeccably. Another option is to file for a Judicial Review, but only if your initial application was prepared to the highest standard.
A judicial review can be filed if IRCC fails to follow the required process, meaning that the visa office did not properly assess the application despite the submission of a detailed and thorough application with proper supporting documentation. To be granted leave for judicial review, it must be proven that IRCC did not perform their duties correctly. For the judicial review to be successful, the original application must have been impeccably prepared.
Can I re-apply again on my own?
Unfortunately, reapplying on your own within a short period of time is often futile. Many individuals only realize this after applying two, three, or even four times on their own. When an individual submits multiple applications within the same year, visa officers are likely to disregard the new application and refuse it again without a thorough review.
How can I help?
For those seeking assistance, reaching out to me after one or more refusals has often led to a successful visitor visa or super visa. When a highly experience and knowledgeable Regulated Canadian Immigration Consultant is involved, visa officers tend to give more attention to the application, recognizing that immigration consultants are well-versed in immigration laws. They understand that immigration officers must adhere to proper processes and procedural fairness.
When resubmitting your application, the visa officer can see that it is being submitted through an Authorized Representative Portal. I also include a detailed submission letter that addresses previous refusals. When appropriate, I quote case law from the Federal Court to address unfair reasons for refusal, such as lack of travel history, strong ties to Canada, and not being likely to return home, among others. My submission letter typically consists of 4-5 pages, highlighting key facts and addressing every reason for the previous refusals.
Some common reasons for refusal
The application process can be lengthy and requires detailed personal and family information, along with numerous supporting documents. Unlike US visa applicants who have the opportunity to present their case during a personal interview, Canada’s application assessment is based solely on the submitted documents, with no interview. Therefore, it is crucial to prepare a strong application to enable immigration officers to make a positive decision based on the information and proper documentary evidence provided.
Many individuals are not familiar with the process, leading to a high rate of refusal when they apply on their own. When reapplying after previous refusals, it is essential to extensively address all the reasons for the prior refusals, supported by applicable case law.
Here are some reasons for TRV refusal:
- Lack of travel history: If the applicant has not travelled outside of their home country, the visa will be refused. I will make a legal argument based on caselaw to overcome this issue.
- Strong family ties to Canada: I can address and overcome this reason by making legal arguments and referencing to an applicable case law.
- Length of stay: a longer period usually requires significant financial funds.
- Purpose of visit: the explanation of the reason for travel to Canada was not good enough.
- Lack of employment prospects in the home country
- Current employment situation
- Personal assets
- Financial situation of the host in Canada: lack or insufficient documentation
- Documents that do not appear authentic
- Immigration status in the country of residence
- Previous deportation or overstaying the authorized period of stay
- Other Reasons = discretion of an officer