Immigration is never a simple process. While Canada is generally welcoming to immigrants it is nevertheless a complex legal matter. One in four immigrants will see their Canadian immigration application rejected the first time.
When that happens, turn to the team at Merchant Law. Our most senior immigration lawyers have decades of experience and can help you address the problems that Immigration Canada Services has spotted with your application. We’ve helped with misrepresentation denials, breach of residency obligation denials, marriage denials, and medical inadmissibility cases.
Many denials are the result of sponsorship issues, and may require your sponsor to reapply as well.
What to do if your Canada visa gets rejected?
You have thirty days to make an appeal. If you did not make your initial application with the help of an immigration lawyer then you should definitely involve an appeals lawyer at this stage of the process to ensure that any problems with your application are addressed with the appropriate evidence.
Often, applicants make correctable mistakes or fail to provide the evidence that addresses Immigration’s concerns. Our team works to understand the reasons behind the denial and then goes to work rectifying the situation.
Who is eligible to appeal their Canadian visa application?
You are eligible to appeal as long as you have never committed a serious crime, are not considered to be a national security risk, are not a member of the mob, and are not guilty of violating human or international rights.
Yet you must do it in a timely matter. You have 30 days from the date of denial to file your appeal. If you don’t file your appeal fast enough your Canadian immigration decision will be final. This is true regardless of the reasons behind your visa denial.
How many times can you appeal an immigration decision?
If your initial appeal is rejected you can apply to the Federal Court of Canada for a judicial review of the IAD decision. If the Federal Court dismisses your application you will not be able to appeal again. They may also return your case to IAD for review, at which point you may gain another chance to make your case.
It is best to ensure you are 100% ready for your appeal hearing. Work closely with your immigration lawyer to gather all the evidence you’ll need to demonstrate why you should be able to stay in Canada.
In some cases it might be wiser to re-apply. Much depends on the specific facts of your case and the immigration program you attempted to apply under.
Why Merchant Law?
Our lawyers have altogether decades of immigration law experience. This gives us the skills we need to successfully defend your right to stay in the country. We’ve helped hundreds of people just like you achieve their dreams of permanent residency in Canada, and we can help you overcome your immigration obstacles as well.
Visit our conveniently located Calgary NW office, or call (403) 225-7777 to get started today.