My visa application was refused - Prepare a request for reconsideration!
The goal of this blog is to provide information for individuals to successfully prepare their own reconsideration request. This blog is part of an upcoming series on immigration applications that have been refused, and what to do next.
A rejected visa application may seriously impact your ability to immigrate to Canada or another country. Canadian immigration lawyers at Holthe Immigration Law can help you develop a successful legal strategy to overcome the refusal, and advocate on your behalf. This blog addresses how to request to reopen your case.
UPDATED OCTOBER 2022
What is a reconsideration?
A reconsideration is a request to a visa officer to reconsider a refused immigration application. An individual may choose to submit a reconsideration for a rejected immigration application if they believe the visa officer made a mistake. Reconsideration can be made for temporary status (i.e. visitor visa, study permit, work permit), or for permanent residency.
There are no rules or fees to request a reconsideration. A reconsideration request is less complicated and less costly to prepare compared to other options. The visa officer has a high level of discretion in deciding your reconsideration and, in most cases, there is a low likelihood of success. They also have discretion in the processing times. However, if your request for reconsideration is accepted, your immigration application may be approved.
A reconsideration is one of many legal options to overcome a refusal. A reconsideration request can be submitted in addition to and in parallel to other legal avenues. In some cases, you may be able to appeal to the Immigration Appeal Division of the Immigration and Refugee Board of Canada, or make an application for a judicial review at the Federal Court of Canada. Appeals and judicial reviews can be complicated. There are formal rules and deadlines that need to be respected.
You should act quickly and speak with a lawyer to preserve your right to an appeal or judicial review. You need to file an application for leave and for judicial review at the Federal Court within 15 days if in Canada, or 60 days if outside Canada from the date of notification of the decision. An extension of time can be requested in some cases.
You need to file an appeal at the Immigration Appeal Division within 30 days of a decision for a spousal sponsorship and admissibility hearing, and 60 days of decision regarding your residency obligation. There is no deadline for submitting a request for reconsideration, but it should be submitted in a timely manner.
An immigration lawyer can help you develop a successful legal strategy to overcome the refusal. Immigration consultants cannot provide legal advice or file a judicial review on your behalf. In limited cases, you may also be able to apply to restore your legal status.
If you have a delayed immigration application, you may be able to make an application for a writ of mandamus.
Step-by-step guide to prepare your own reconsideration request
The first step is to gather and organize all documents submitted to the visa office. This will allow you to understand what was provided to the visa officer, and carefully review your documents for errors. If a representative prepared them on your behalf, ask for these documents.
The second step is to consider whether to request the notes of the visa officer through an ATIP request. These notes may contain more information on the reason why your application was refused. However, in some cases, the notes by the visa officer are limited, and they do not provide additional information.
The delay in processing a request is an important consideration. It may take between 30 to 90 days to receive the visa officers’ notes. It may be necessary to proceed with the reconsideration request without obtaining the visa notes due to delays.
The following structure may help you draft your own reconsideration request:
Clearly indicate the desired outcome: The visa officer should quickly understand why you are writing to them, and what you want from the reconsideration request. You may include this at the start of your request. For example: “I am requesting a reconsideration of my visitor visa application. I want you to reopen my application and approve my visitor visa for the following reasons.”
Discuss any factual errors: Identify and discuss any factual errors that the visa officer may have committed. Review your previous immigration application and your refusal letter. Are there any errors of facts?
For example, if you are a national of X country, but the visa notes indicate that you are a national of Y country, the visa officer may have committed an error of fact. As another example, if you do not have any dependents accompanying you to Canada, but the refusal letter says you failed to provide sufficient income requirement for dependents, the visa officer may have committed an error of fact by finding that you had accompanying dependents. Clearly indicate how the visa officer may have made an error.
Discuss any legal errors: Identify and discuss any legal errors that the visa officer may have committed. Analyze the legal requirements that you needed to fulfill and review your application to ensure that you met all legal requirements. You may want to consult with an immigration lawyer to identify legal errors in your immigration application. A legal error could occur with the initial application or request for additional documents. For example, the application was refused for failing to provide a police certificate. However, there was no legal requirement for the applicant to provide a police certificate because they have never returned to their country for more than 6 months. The visa officer may have made a legal error by refusing the application based on an erroneous understanding of the requirements for police certificates.
Additional evidence or new information that arose after the application: This may include new facts that arose after the original decision. However, in some cases, it may be more appropriate to make a new application (see below).
Discuss any compelling reasons: Address any compelling reasons outside of your control that may reasonably explain the reason for the refusal, such as the death of a close family member, delays by third parties, or natural disasters. Provide copies of death certificates or other documents to support your request. Try to demonstrate how this impacted your immigration application. In most cases, reasons inside your control, such as not providing a form or misreading a question, will not be accepted as a valid reason. In those cases, it may be better to submit a new application with the proper documents.
Be courteous in your reconsideration request: The visa officer will read your request and decide whether or not to reopen the file. A well-written, courteous reconsideration can increase the chances that the visa officer renders a favourable decision.
The fourth and final step is to submit your reconsideration request. A reconsideration request is made by email or by the Webform. There are no fees. The visa officer will decide whether or not to reopen your immigration application. The majority of reconsideration requests do not result in a file reopening. If your file is reopened, the visa officer will examine whether to approve your immigration application or maintain the refusal.
When you submit your reconsideration request, you will most likely not receive an acknowledgment of receipt. When an applicant submits information after a refusal, the visa officers should “not acknowledge receipt and consideration of this information when responding.”[1] As such, you may never receive a reply or acknowledgment when a reconsideration request is made.
Reconsideration will only be accepted when the circumstances are justified. You should not automatically submit a reconsideration request when your immigration application is rejected. An immigration lawyer can help you identify errors and advocate for your application to be reconsidered and accepted.
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If the refusal was appropriate and your reconsideration is not justified (i.e. no errors by the visa officer), you may want to consider submitting a new application instead of a reconsideration. In your new application, you should address the reasons for refusal with additional documents and a letter of explanation.
For example, if your immigration application was refused since you did not demonstrate that you would leave Canada at the end of your stay, the new application should clearly demonstrate how you will leave Canada at the end of your stay. In this case, you may want to provide more evidence to demonstrate strong ties to your country of origin, such as the ownership of property, ownership of a business, future employment, immediate family members in your country of origin, and other any other reason why you would leave Canada.
The additional information that you provide in your new application will vary greatly based on the reasons for refusal, your personal circumstances and the visa notes (if obtained).
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You can pursue a reconsideration and judicial review at the same time. The reconsideration will provide an opportunity for the immigration officer to reconsider their decision, reopen your file and continue the processing of your application. However, they have a high level of discretion and they do not have any formal obligation to make a decision on the reconsideration request. As noted above, a judicial review is a formal legal proceeding. Depending on your case, you will have to demonstrate that the decision was unreasonable or incorrect.
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Scenario 1 – The application was refused for lack of funds. However, there were numerous bank statements in the original application to demonstrate sufficient funds. If this was overlooked and not considered by the visa officer, the application may be reopened and reconsidered.
Scenario 2 – The application was refused for failing to provide additional documents, as requested by IRCC. However, you never received any letter or email from IRCC. Before submitting your request, make sure that your address and contact information is up to date and accurate. If your information is up-to-date and the visa officer erred by never sending you the letter, the application may be reopened and reconsidered.
Real examples of successful reconsideration requests at Holthe Immigration Law
A client was stranded abroad. He left to visit his family. While abroad, IRCC changed his visa from valid to invalid. When he went to the airport, they refused him boarding twice since his visa was invalid. The client retained us to overturn the decision to invalidate his visa. The reconsideration was successful, his visa was switched to valid, and the client returned to Canada.
A client’s spouse was rejected for an open work permit. During the consultation, a legal error was identified. The client retained us to file a request for reconsideration. The work permit application was reopened. After two requests for additional documents, the refusal was overturned, and the work permit was approved.
Minimum legal fees
The legal fees are dependent on the complexity of the case. You work directly with a lawyer - we do not hire law clerks, legal assistants or consultants. This avoids mistakes and allows our lawyers to make strong reconsideration requests. You maintain full control of your immigration application. You will upload the reconsideration request in a web form, and we will liaise with IRCC on your behalf.
The minimum legal fee for a reconsideration request is $1200. We have experience with drafting strong, convincing reconsideration requests and having immigration applications reopen. The likelihood of success is dependent on the specific of your case. In some cases, you may want to reapply and start a judicial review at the same time as a reconsideration request.
Do you need help with your immigration application or want to consult with a lawyer about your immigration file?
List of References:
[1] (OP 1 Procedures, page 51).