How to Deal with Visa Refusals? Your Options.

Things happen. When a refusal letter arrives, take a deep breath, and review the letter and reasons for refusals. Please keep in mind that initial refusal is not always the final refusal. There are different ways to address the unpleasant and frustrating situation.

ATIP Online Request

For start, you can submit an Access to Information Request online. Within approximately 30 days of submitting the request, you will receive full notes and detailed reasons for the refusal. You need to read into the reasons and see whether there are any mistakes made on the officer’s side.

Please note that only Canadian citizens and permanent residents can make a request under the Access to Information Act. However, even if you cannot make a request by yourself, with written consent, you can ask a representative to make a request on your behalf.

Request for Reconsideration

A request for reconsideration is an informal request submitted to the decision-making officer of a refused application. A visa officer has the discretion to review and accept such a request. There are some programs that explicitly provide for reconsideration requests, such as OntarioImmigrant Nominee Program (OINP). Under OINP, an applicant is required to send a request for reconsideration within 30 days of the date of refusal.

For examples, requests for reconsideration could be made when

  • a clear mistake/oversight is made by the officer,
  • certain documents are neglected in the application package, or
  • new circumstance occurs after initial application.

Re-application

If your application gets refused, you can apply again at any time. However, before you re-apply, please make sure that you have analyzed your case and reasons for refusal. You should only re-apply if you can include some new information that was not included in the previous application, or your circumstance has changed after the initial application. If you simply resubmit the exact same application package, your application will probably get rejected again.

Judicial Review

You can bring a judicial review to the Federal Court of Canada when your application gets refused. This should be used as a last resort. It is very costly and a lawyer must apply for judicial review on your behalf.

Different deadlines are imposed for judicial reviews. For instance, if it is a refusal of a claim for refugee protection, you must file an application for judicial review to a Federal Court within 15 days after the Immigration and Refugee Board (“IRB”) decision was issued.

The role of the court is not to grant you a visa or permit, but to decide whether to allow or dismiss your judicial review. If the court agrees with the original decision of the immigration officer, the decision stays. Otherwise, the court will return the case to the officer to be reconsidered.  

Last but not least, every case carries its own merits. Sometimes it could be complicated to figure out the proper process. If you are not sure how to deal with a refusal, consider reaching out to an immigration lawyer for assistance.

Bringing You, Your Tech Talent & Your Business To Canada

Get started and make your first step towards Canada. Book your 1-hour strategy meeting with a licensed Canadian immigration lawyer.

Immigration to Canada can be very complicated for businesses, business owners, and foreign employees. Hiring business immigration lawyers with the skill, experience, and patience is often crucial to successfully navigating this complex process. The experienced professionals at Sobirovs Law Firm offer tailored legal services in all business and corporate immigration matters. Contact us for more information on how we can help you meet your immigration needs.

We have worked with & represented clients from all walks of life. Always just one call – or click – away, weʼre happy to help you begin your & your familyʼs journey to Canada.

Talk to a Lawyer

tried and tested

Our Clients Say…

Lucia Lu
Lucia Lu
I cannot say enough good things about Sobirovs Law Firm’s exceptional team. My work permit application was quite complex and underwent numerous tests, including a rejection from the first attempt. Feruza developed a tailored strategy that contributed to the best chance of success in the resubmission, and her entire team presented my case with unparalleled expertise and genuine care. I want to express my heartfelt gratitude to Maggie, a phenomenal consultant who supported me in every step of the application, took the time to understand my unique situation and answered all my questions patiently. Her in-depth knowledge of the work permit program, proficiency in preparing my application and professional communication were reassuring and truly remarkable. Thanks to your team’s extraordinary work, I can now pursue my business goals in Canada with peace of mind. I am grateful for your hard work and the compassionate support you provided throughout this journey. You have my highest recommendation without any reservations.
Nomin Dunburee
Nomin Dunburee
I had the pleasure of collaborating with the highly skilled professionals at Sobirovs to achieve my goals. Feruza's extensive expertise was invaluable, as she guided me through the most suitable pathway for my business immigration. I am profoundly grateful for choosing Sobirovs and highly recommend their exceptional services!
Bimal Banik
Bimal Banik
I really appreciate Sovirovs professional services ,I am truly happy and satisfied with their team work .I wish them all the best
Amirov Temur
Amirov Temur
I am happy with the help I got from Sobirov Law Firm. They were always there for me : answering my questions and giving me support through the visa application process and with general immigration related questions. They made everything easier and were quick to respond whenever I needed them. I would recommend Sobirov Law Firm to anyone needing visa assistance for Canada. I trusted them, and did not regret! Thanks for all your help! I hope for further cooperation with you.
Yuri l
Yuri l
I would like to express my sincere gratitude to Ms. Feruza Djamalova, Ms. Judy Le and the entire team of Sobirovs Law Firm for their highly professional and excellent work in the complicated process of obtaining approval of our application for the business immigration program. I had several previous refusals over the course of 5 years. At that point, I contacted Sobirovs Law Firm. Their knowledge, competence, and perseverance turned my application into a success! My case was dealt by Feruza and Judy and I sincerely appreciate what an incredible job they have done and how much they have helped us. I believe they have a special gift and talent for assisting their clients. I want to particularly thank Judy for her patience and attention to detail in our case and also for thanks to her diligence, skill and attention to detail. I highly recommend Sobirovs Law Firm to anyone who wants to move to Canada using Business Immigration Programs and is looking for an immigration law firm capable of making a dream come true. They are highly professional and specialized in this field. I would like to extend my heartfelt thanks for their support.
Syed Namdaar Ali
Syed Namdaar Ali
My experience with Sobirov's was very rewarding. Starting from LMIA to Work permit it was a smooth sail. The entire team especially Yulia prepared my case painstakingly. They guided me on every little detail. Special thanks to Feroza, Farukh, Madina and the entire team for making this happen.
Bhrushank Ved
Bhrushank Ved
I had an amazing experience with the Sobirovs in applying for my C11 Work Permit. Feruza, Maggie, Judy and Yulia planned every step of the way and made the process a breeze. Benjamin was also quite knowledgeable and assisted me with the business plan for my application. I recommend Sobirovs team if you plan to expand your existing business or start a new business in Canada. Highly recommended!
Senol Ercetin
Senol Ercetin
Dear Sobirovs Team, I would like to thank you (Yulia, Faruk, Feruza, Madina) for taking care of us closely in obtaining the necessary work permits for the establishment of the Canadian branch of our company and the necessary visas for our family. You have carried out a flawless process. With sincere regards
Rakesh Shrivastava
Rakesh Shrivastava
I had a great experience working with the Sobirov Law Firm. The entire team was professional, prompt, and meticulous in their approach. We started working with them on LMIA under GTS of the Temporary Foreign Worker Program. The time it took from creation of an Incorporation to submission and approval of our application was around 8 weeks. Work Permit approval took another 2 weeks. They also helped us get shared office space since it was a new experience for us. They guided us in finding a payroll service provider and a realtor to help with the relocation of the foreign employee. My sincere thanks to Feruza Djamalova and Rakhmad Sobirov (Attorneys), and Yulia Kan (Team Lead).

insights

Our Lastest Insights

We publish helpful tips about Canadian immigration programs and are happy to share our knowledge with you.
türkiye'den kanada'da iş satın al kapak fotoğrafı May 27, 2024

Kanada’da Bir İşletme Satın Almayı Hedefleyen Yabancı Yatırımcılar İçin Detaylı Kılavuz

Geçtiğimiz yıllarda Türkiye’den birçok girişimci tarafından Kanada’da işletme satın alımı ve bu işletme vasıtası ile Kanada’ya göç etme hususunda önemli bir talep görüyoruz. Bu sebeple,...
May 17, 2024

May 2024 Wins: PR in Canada for 5 Business Immigration Clients (not SUV)!

As the flowers bloom and days grow longer, spring has brought us beautiful weather and exciting news from Immigration Canada. In a burst of efficiency,...
Enter-To-Win-Free-Business-Immigration-Consultation May 15, 2024

Help Us Improve and Win $1000!

At Sobirovs Law Firm, we strive to provide the best possible service to our clients, and your feedback is invaluable to us. To show our...

Sign Up to be

First on Immigration News

This field is for validation purposes and should be left unchanged.