My Application has been refused
- You have been deemed inadmissible because of a past/current criminal charge or conviction
- You have a medical condition
- A Visa Officer determines that you do not meet one or more of the requirements of the program under which you have applied
- A Visa/Immigration Officer determines that you have not met your residency obligations - meaning, you have not resided in Canada for the minimum time required to maintain your Permanent Resident status.
These are often complex and require proper legal advice. In some cases, a lawyer will advise you to send additional information and/or documents and ask the officer to reconsider his/her decision. In other instances a lawyer may advise you to re-apply. Often, your only avenue will be to appeal the decision.
Filing an appeal is time-sensitive, meaning there is a time limit for filing the appeal. This time limit varies from 15 days to 30 days. A lawyer will advise you which court to need to file your appeal and the deadline for doing so. Note that, an appeal in the Federal Court of Canada is known as a 'Judicial review'.
In many cases, an immigration officer will send you what is known as a 'fairness letter' informing you of his/her intent to refuse on certain grounds and gives you 60 or 90 days to respond. Often, these concerns can be addressed by submitting elaborate submissions and/or additional documents and information and clarifying certain aspects of your application.
In Canada, there are registered immigration consultants regulated by the ICCRC or lawyers who are allowed to represent you. If you want to read about the difference between lawyers and consultants, we invite you to read here
Here's an example of a case where seeking legal advice from a lawyer could have made a difference.
I am inadmissible to Canada
In general, temporary residents and applicants applying for permanent residence are considered to be criminally inadmissible if the person matches a certain criteria. Click here to read more
Have I lost my residency (PR)?
Better Residency rules for Permanent Residents - 1460 Days Physical Residence in a Six Year Period - (aggregate of 4 years over 6 years)
In most cases, the current law requires permanent residents to reside in Canada as below.
If you have been a permanent resident for six years or more
you must have been physically present in Canada for a minimum of 1460 days within the past six (6) years.
If you have been a permanent resident for less than six years
you must show that you will be able to meet the minimum of 1460 days of physical presence in Canada within six (6) years of the date you became a permanent resident.
If those requirements are satisfied, every immigrant is issued a plastic residency card, to be known as the Maple Leaf Card, which is a Photo ID card valid for 6 years. To renew the card, a permanent resident will need to spend 1460 days of the six year period in Canada. Exceptions can be made for special circumstances. Time spent outside Canada accompanying a Canadian Citizen or working for a Canadian company will be counted as time spent inside Canada. This provision is very popular and gives Canada a competitive edge in the world market for skilled workers.
A Restoration application is an application to restore your status if your current status (e.g. study permit or work permit) has expired AND it has to be submitted withn 90 days of the expiry of your status. This application allows you to stay in Canada until CIC makes a decision. However, there is no guarantee that the application for restoration will be approved by CIC.
For any questions for support, please do not hesitate to contact us