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Refused immigration application, what's next?

Usually applicants would come to us with a rejection letter in hand. The first thing we always say is you should come to seek professional help earlier. The applicants, obviously , are under enormous pressure. Even though I know preventative actions, there is no way to turn back time. The best course of action is to provide applicants with the most acceptable and cost-effective strategy, given the “after-the-rejection-fact” options available.

Having said that, I recently, just two weeks ago, had a rejection from a case I was working on. It’s my first refusal in 2017. It’s fair to say getting a rejection letter is never pleasant. On the bright side, legal knowledge and experience can calm down feelings of frustration. The work permit was refused based on “wrong in law or wrong in fact or mixture of both” decision. IRCC (Immigration, Refugee, Citizenship Canada) deals with thousands of permits every day, thus mistakes happen. It’s my obligation to inform the client to stop working. Luckily, IRCC approved the application a few days later (avoided the expense and delay of re-apply). The applicant was glad to resume working with minimum loss.

Now, what should you do if you want to challenge the refusal?

There're several legal remedies (actions, solution, steps) you could take when you get a refusal letter.

Family Sponsorship, including spouse, children, parents and grandparents get refused –

--- Call an immigration professional

--- Go for IRB (Immigration and Refugee Board of Canada) appeal. Your case will be reviewed by a judge from Immigration Appeal Division. New evidence and witnesses can be introduced. You’ll have at least an entire day to present your case. In an appeal, the decision maker (immigration judge) can substitute their own decision for that of the original decision maker. With sufficient evidence and professional preparation, the chances to obtain an approval on the appeal day is promising. If you have a spousal application refusal based on suspicion of marriage in convenience, or a parents application refusal based on insufficient tax amount, your successful chances are higher, and process time is less, comparing with re-apply.

You may even have the option to go for a shorter (1-2 hours) Alternative Dispute Resolution (ADR) Conference to present your case privately. This could be arranged a few months after the sponsorship refusal. If ADR is successful, you don’t need to go to IAD for the full hearing.

Residency Obligation Breach, including overseas report and departure order issued at Port of Entry.—

--- Call an immigration professional

--- Go for IRB appeal. You can go to Immigration appeal division to challenge a breach of residency obligation report (A44 report), regardless it’s issued overseas or at Port of Entry in Canada. You can challenge the required days calculation, maybe you have lived for 730 days, maybe you’re accompanying Canadian Citizen spouse or parents overseas, the officer did do the calculation wrong. Or perhaps you have not lived for 730 days, but you have personal reasons for it, and they’re out of your control, then you can challenge the negative decision based on Humanitarian and Compassionate considerations. By seeking immigration professional’s help at the earliest possible date, your retain PR status chances will increase.

Express Entry, Skilled Worker , Economic class applications get refused

--- Call an immigration professional

--- Re-apply or go for Judicial Review.

Most likely Express Entry cases are rejected for incomplete submission. Since the initiation of Express Entry in 2015, the program processes qualified skilled worker cases fast-track because applicants send in all documentations, including medical and criminal, all at once. For incomplete submission, you may look for an immigration professional to assist you to ask Visa Officer re-open the case. If not successful, your option is to re-apply. You’ll lose your standing on the original draw; your first attempt governmental fee will not be refunded; and your will, unfortunately, have a record of refusal.

Some cases are rejected for insufficient work reference letter. You may file an Application for Leave and Judicial Review. Different from IRB appeal, Judicial Review is a federal court level decision, and even if JR allows your case, you don’t get approved right away (in IRB you can). JR judge can only send the case back to IRCC for re-consideration if JR allows your case. In Judicial Review, the judge is limited to “reviewing” the original decision to see whether it was made according to the law, fact or rules of procedural fairness. Generally speaking, no new evidence is allowed to be presented here. It’s a lengthy and costly process. Ask an immigration professional for advice as to re-apply or JR.

Visitor Visa, Temporary Resident get refused

--- Call an immigration professional

--- Re-apply or go for Judicial Review.

Tourist visas are easy to get, considering the need of travel in a globalized world. You may get refused based on immigration intention and history.

Re-apply only if you can provide substantially convincing evidence that you will return to your home residence after short visit to Canada.

Go for judicial review if you’ve been rejected more than twice, with the same or different reason. Just to be clear, not all judicial review will end up in front of a judge. The opposing counsel from IRCC, are likely to settle if you have convincing evidence.

Work Permit or Study Permit, Temporary Resident get refused

--- Call an immigration professional

--- Re-apply or Ask for Re-consideration.

Re-apply only if you have new/updated documents from your employer or school. Second attempt application governmental fees will apply.

You’re considered out of status the day you received the refusal decision. You don’t have automatic valid visitor status after work permit or study permit refusal. In the work permit refusal case I mentioned at the beginning of the article, asking for re-consideration without additional application fees and evidence is something you may file if you know the law and fastest way to communicate with IRCC.

To sum up, the course of action to take depends upon the type of application that has been made. It is best to consult with an immigration professional to decide what the best option and strategy. Immigration Consultants (ICCRC members) are qualified by regulation to represent clients before the IRB appeals. However, not all, in fact only less than 3% of consultants are specialized in IRB appeal. Only lawyers (provincial bar association members), are able to appear before the JR Federal Court. Avery Liao is a consultant specializing in IRB appeal and also works with immigration lawyers with JR cases.


This website contains general information about legal matters. The information is not advice, and should not be treated as such. If you have any specific questions about any immigration legal matter you should consult a certified immigration professional. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.



申请人自己处理的案子当然是拒信率高。也不是说移民顾问这里就没有没有拒信了。Avery这里两周前就有一个续工签被拒。是本所2017第一个拒信,读信当下自然是不好受,也可以理解申请人平日收到拒信的挫败感。好在读完信立马认出了大概是移民局日审千案,实习生出错了,可以理解。立马追加了有理有据的“wrong in law or wrong in fact or mixture of both”的请求,并通知申请人遵守法规暂停止工作。17号拒信,25号收到通过通知(其实22号就通过了)。对比重递申请,省时省力,把申请人的损失降到最小。



家庭团聚申请,婚姻卡,子女团聚,父母团聚,祖父母团聚 被拒—

--- 致电专业移民顾问

--- 移民法庭上诉。在签证官那里被拒的案例将重新被Immigration Appeal Division的法官审查,你有权力列举所有对你有利的新的证据和证人。并至少有一天到法庭正式陈诉案例。 法官可以做出一个推翻签证官原有决定的判断。此类上诉成功率很高,只要是在足够证据和专业准备情形下,甚至可以当场得到通过决定。常见类别上诉成功率高,且耗时少的有: 签证官因怀疑婚姻不真实被拒的婚姻卡,因收入报税不够的父母团聚枫叶卡申请。



--- 致电专业移民顾问

--- 移民法庭上诉。通常情况下无论你在境内还是境外,你没有满足五年住满两年的移民监,你可能会收到A44 report. 这个可能是你在境外申请枫叶卡或旅行文件拿到的,也可能是在境内入境海关签署的。如果是海关签署,你同时还会收到一个遣返令。你可以在规定时间内递交上诉申请。你有权力列举所有对你有利的新的证据和证人。上诉的理由可以是 1 海关和移民局计算天数失误,你有新证据支持天数,或者你应该计算上在海外陪同加拿大公民配偶和父母的天数,对方没算上 2 你虽然没住满730天,但你有不可控的理由,也就是我们通常说的人道主义考量。移民监未住够需要上诉,越早联系移民专家越大机会保住枫叶卡。

Express Entry 技术移民,及其它投资移民

--- 致电专业移民顾问

--- 重新申请或者联邦法庭司法复核。





--- 致电专业移民顾问

--- 重新申请或者联邦法庭司法复核。





--- 致电专业移民顾问

--- 重新申请或者联邦法庭司法复核。



综上所诉, 根据不同类别的申请,不同的申请人,不同的签证官决定,有不同的策略。建议是处理大事要谨慎,专业人士意见很重要。ICCRC认证的移民顾问可以在移民申请和IRB上诉有权限代理申请人,有权限不代表高效率。精通IRB 移民法庭上诉的移民顾问不会超过3%。各省认证的律师可以代理IRB,也能代理联邦法庭司法复核。Avery Liao 是精通移民法庭上诉的持证移民顾问,并和移民律师合作司法复核案例。



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