If you’re one of many unlucky those who has simply had their Canadian visa utility refused, it may be one of the vital irritating experiences of your life. Journey plans are spoiled and the hopes of being reunited with distant mates and family members are in severe jeopardy. [UPDATE: January 7, 2017] After studying this weblog put up, I extremely advocate that you simply take a look at the particular podcast episode I just lately did with esteemed immigration coverage analyst and lawyer, Richard Kurland entitled: “Has Your Canadian Visa Been Refused“. Richard shared some unbelievably worthwhile perception concerning methods us immigration attorneys use to beat Canadian visa refusals. In the event you like this Submit, you’ll love Season 2 Episode 1 of the Canadian Immigration Podcast launched on January 6, 2017.]
And to make issues worse, the shape rejection letter gives solely a obscure reference to an officer’s perception that “you wouldn’t depart Canada on the finish of your keep.” You already know there have to be extra to it than that. If solely there was a strategy to get a replica of the visa workplace file supplies in order that you would study the “actual causes” your utility was rejected.
Nicely there’s a strategy to get these file supplies and I’m going to indicate you ways!
The Canadian Immigration visa rejection letter will nearly at all times have the next assertion enclosed on the finish:
Must you want to reapply, I might recommend that you simply achieve this provided that your scenario has modified substantively or you’ve gotten important new data to submit.
If you wish to have any hope of getting that refusal overturned, or a second utility authorized, getting your arms in your immigration Bodily File is crucial. It is going to be essential that you simply know what proof, or lack thereof, influenced the officer in believing you wouldn’t go residence if the visa was authorized.
It is just by realizing this data that you’ll then be able to supply “important new data” in your subsequent utility in hopes of getting it authorized. By satisfying the underlying issues revealed within the officers hidden notes, you’ll then have the ability to scale back the possibilities of a second refusal.
The easiest way to get that data is to do an Entry to Data and Privateness (ATIP) request to the Authorities of Canada. If performed correctly, this request offers you copies of the particular file supplies and a glimpse into the officer’s detailed “inner” causes for refusing your utility. Armed with this information, you’ll be more likely to have success in your subsequent utility.
ATIPs can be utilized to entry authorities data from a whole lot of completely different sources. Nevertheless, we’re going to focus completely on requesting a replica of the file supplies and officer’s notes associated to your rejected Canadian visa.
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Getting Began
In an effort to submit an ATIP request, you could both be a Canadian Citizen, everlasting resident, or a person or company bodily current in Canada. If you’re a international nationwide eager to make an ATIP request and you aren’t at present current in Canada, you have to to discover a consultant to finish this for you. If another person is submitting an ATIP in your behalf, you could signal a consent kind permitting them to take action.
You’ll be able to obtain the IMM5477: Consent for an Entry to Data and Private Data Request by clicking on this hyperlink. Please additionally word there’s a small processing charge for CIC’s bother in offering this data. The charge is $5.00 CAD per request.
Step by Step Directions for Requesting an ATIP
An ATIP might be submitted by mail or on-line. I like to recommend submitting on-line as it’s a lot faster. I’ve set out under the important steps wanted to file your on-line ATIP request.
Step 1 – Go to the ATIP homepage at https://atip-aiprp.apps.gc.ca/atip/ and choose your most popular language (English or French). You’ll be able to skip by means of the “High questions” part and go straight to the underside and click on the “Subsequent” button.
Step 2 – It will take you to the “Privateness Discover” the place after acknowledging you’ve gotten learn and understood the privateness discover by checking the test field, you’ll then click on “proceed”.
Step 3 – Subsequent, choose the Division the place you want to submit an ATIP request. It would be best to choose “Citizenship and Immigration Canada”.
Step 4 – On the second line, you could point out whether or not you’re a Canadian Citizen, Everlasting Resident, Particular person/company at present current in Canada or Not one of the above. Please select the right choice to your scenario.
NOTE: In the event you select “not one of the above”, you won’t be able to submit the request.
Step 5 – Enter in your full authorized title, cellphone quantity and present deal with. Please word {that a} fax quantity is non-obligatory, nonetheless we advocate that you simply fill on this part you probably have one.
Step 6 – On the following line, it asks for an e mail deal with. Please you should definitely enter a legitimate e mail deal with as that is typically how the visa workplace file notes are delivered. On bigger information, they could must ship a CD, which is distributed to your mailing deal with.
If you’re requesting data to your personal file, choose “Sure”, however if you’re making the request on behalf somebody outdoors of Canada, then choose “No”.
Additionally, you will choose “No” within the subsequent drop down menu since you are requesting the visa workplace file notes on behalf of a dwelling individual. Clearly, you’ll then want to supply a replica of the signed consent kind when prompted to take action.
Step 7 – Subsequent you’re requested to pick the class you match inside. This isn’t obligatory, so it’s possible you’ll skip this part. Nevertheless, if you wish to present this data to the federal government for statistical functions, I point out “Enterprise (Non-public Sector)”; nonetheless, you’ll probably choose “Member of the Public”.
You’ll be able to recommend one of the best technique for receiving the knowledge; nonetheless, if the file is just too giant, they are going to ship it in a CD format whatever the choice you chose.
As soon as this has been accomplished, click on “Proceed”.
Step 8 – On the following web page you may be prompted to reply whether or not you want to make a request underneath the Privateness OR Entry to Data Act. When requesting visa workplace notes, you’re doing so underneath the Entry to Data Act, so select this selection.
You’ll then be requested the kind of document you want to request. Choose “Case Information” after which full the requested file data. In an effort to guarantee full accuracy, I might take this data from the visa workplace refusal letter. I’ve set out under a pattern letter which lists the pertinent data you have to to fill in. I’ve blocked out sure sections for privateness causes.
Though not obligatory, additionally, you will be requested to supply the individual’s Shopper ID quantity which is often known as a Distinctive Shopper Identifier (UCI) quantity. I extremely advocate that you simply embrace this quantity if identified.
See the pattern work allow refusal letter under.
Step 9 – After getting accomplished the fundamental file monitoring data, you may be requested what kind of data you want to request. Though it could take just a little longer, I routinely request the “Bodily File” in order that I’m able to get hold of the whole image. At instances there’s vital data associated to the refusal that isn’t contained throughout the “Notes within the Digital File”.
After getting chosen “Bodily File”, you’ll then select the “File Kind”. Merely choose the choice that pertains to your refusal. For any work allow, examine allow, or customer visa utility, you’ll request “Immigration File: non permanent residence”. You might be then prompted to insert the “File Quantity”. That is essential, as a result of with out it, you cannot make the request.
The “File Quantity” or “Utility no.” might be discovered on the highest proper of most refusal letters.
Step 10 – Additionally, you will word that there’s an open fillable area on the finish of this web page the place you may present any data that will assist an officer to know what precisely you’re on the lookout for. Nevertheless, I typically don’t fear to a lot about this as a result of if you’re requesting the whole “Bodily File”, then it is best to obtain the whole lot in any case.
If you need to insert a particular request, you would embrace one thing like: “Please present all notes on file pertaining to the appliance recognized above”.
TIP: If it is a sponsorship utility, get a consent kind signed from each occasion in any other case CIC might redact essential data from the file for privateness causes.
Subsequent, click on “Proceed”.
Step 11 – We’ve reached the ultimate levels of the ATIP request. This subsequent web page is the place you add your paperwork and consent kind (if relevant). Please word that if you’re requesting an ATIP on behalf of another person, it’s obligatory you add the consent kind (IMM5477: Consent for an Entry to Data and Private Data Request).
TIP: When you have a number of consent kinds, you may merely click on the “Add” button and a brand new area will speak in confidence to add a second or third consent kind.
Be sure that the paperwork you add match throughout the file format parameters set by CIC. Any extra paperwork are to be uploaded throughout the “Different Paperwork (non-obligatory)” part.
TIP: Though different data just isn’t required, we advocate that you simply additionally add a replica of the refusal letter for good measure.
Step 12 – You will have to assessment all the data you’ve gotten entered and pay the processing charge. You’ll want to assessment the knowledge you’ve gotten entered completely as errors might consequence within the refusal of the ATIP or delayed processing instances.
You might have the choice to change every part. In the event you discover a area you want to modify, merely click on the blue “Modify” button and you may be taken again to the unique web page by which you entered it. You’ll want to save your adjustments.
TIP: We advocate printing this web page to your data. If one thing goes awry down the road you’ll have proof of the submitted ATIP and can have the ability to make a case to CIC if obligatory.
When you have reviewed all of your solutions and are glad, test off the “Certification” field on the backside of the web page and click on “Proceed”.
Step 13 – The final step is to pay the processing charge. The charge for an ATIP is $5.00 CAD. The one accepted technique of cost for the net utility is bank card. After you’ve gotten entered in your cost data and have submitted it your transaction might be processed and a receipt will routinely be generated. You’ll want to make a copy of this receipt as effectively to your data.
What occurs subsequent?
CIC will now course of your ATIP utility. They are going to ship it to you by your indicated technique (E-mail or CD).
Sometimes, an ATIP request ought to take not than 30 days. Nevertheless, if you’re requesting a Bodily File from a consulate overseas, it would typically take as much as 60 days, or on uncommon events even longer. If 60 days have handed and you haven’t obtained your requested data you should definitely comply with up with CIC and supply copies of your receipts and submitted utility.
After you’ve gotten obtained your requested file supplies it is possible for you to to see precisely why your utility was refused. With this data you at the moment are armed with the knowledge that you must refile your utility once more and provides your self one of the best probability of success.
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