People immigrate to foreign lands for better prospects, in search for a better life in general. Canada is a beautiful and prosperous country which has attracted immigrants from all parts of the world. After settling down, it only makes sense to relocate your family as well as loved ones to the same country. That process is known as Spousal visa process which is sponsored by the spouse currently resident in the foreign country for work related purposes. But sometimes, due to some error or problems, the visa is denied. There are many reasons due to which it happens. So before worrying any further, read on to see what to do if spousal visa to Canada is refused.
Reasons for refusal of spousal visa to Canada
The IRCC or the Immigration, Refugees and Canadian Citizenship is the organization that oversees the visa process. Due to the matter of national importance, the spousal visa to Canada approval process is strict and often takes time. The refusal of the application is known to happen frequently and there are mainly two reasons for it:
- The validity of the marriage: The strict process of checking is done to avoid any fraud during the application. During that checking process, if the investigators find anything that puts in doubt the validity of the marriage, the application is denied.
- The problem with an application: In this case, there are mainly human errors involve which include but are not limited to; some errors in the forms which were filled as well as missing or omitted details. Another error can be the absence of required supporting documents.
Further steps- if Spousal Visa Rejected
If your spousal visa application is refused, that is not the end of the line for your case. There are further steps that can be taken to remedy the situation and eradicate mistakes if any. There are basically two courses of action:
- You can appeal to the Immigration Appeal Board to rectify the mistakes. If you can prove that the reasons for refusals are not true or applicable and a mistake has been made, your visa application can be sent back for reconsideration.
- You can go for a judicial review in the Federal Court of Canada.
The thing to keep in mind here is that there is a time limit for your appeal to be made. It varies from 15-60 days from the day you received your refusal, depending on your case. Therefore, you should apply accordingly.
Is legal help necessary when Spouse Visa Rejected?
Keep in mind that it is not necessary to seek legal help. You can reapply or appeal by yourself. But, it is strongly advisable to seek the help of an attorney. This helps in avoiding mistakes in further courses of action. What you should keep in mind is to hire a licensed attorney who specializes in immigration law. Remember, experience matters a lot.
After hiring a lawyer, you should provide them with every detail that you can remember along with documents related to your case. It is advisable to make notes if you attended an interview. You can also ask for your GCMS notes and provide that to your legal counsel. The attorney has then a better chance to strategize and determine the probability of success.
Remember, immigration can be a long and tiring process. You just have to keep going and if you do get a refusal, do not panic and don’t be afraid to seek help.