All You Need to Know About Canadian Visa Appeals

New opportunities unleash freshness in life and what a better way to welcome life with a successful Canadian visa. There is a lot of hope and ambition attached to Visa applications. It should be the case; after all it’s the stepping stone to the whole exciting new life in Canada. Read here in detail about the Canada Visa Appeals.

It’s exactly the same reason that makes the visa refusal more painful and frustrating. But you should not sit gloomy because of this apparent closed door and must explore viable options. You should be aware that there exist three plausible legal options once visa application has been refused: Appeals, Re-applying and reconsideration.

Canada Visa Appeals

Every visa refusal has a type which determines if you are an eligible candidate for an appeal. An appeal will be a right option if you and your hired immigration attorney are of an opinion that the immigration officer has taken a wrong decision in denying the visa application and you have a fare chance again.

The proper appeal is made via judicial review in the Federal Court of Canada. In such cases onus lies on you to prove that the decision maker made a decision, either out of their jurisdiction or against the legal purview.

There exist deadlines for these kinds of appeals which depend upon the location. If you were denied visa initially inside Canada, than you have to appeal within 15 days. If the visa denial was made outside Canadian territory, than you have a good 60 days at your disposal.

The other kind of appeal that is made is to the Immigration Appeal Division (IAD). In majority of cases, IAD scrutinizes the case associated with permanent residents as well as refugees but not of visa applicants. However, if your sponsor (visa application) is a Canadian citizen or permanent resident and their sponsored application was denied, you are fit case for IAD appeal.

Reconsideration for Canada Visa Appeals

In cases when your application was denied because of inadequate or misunderstood information, you can put up a request for reconsideration.

You will be required to submit any clarification or information in response to the reasons stated by the decision maker in your visa refusal.

Re-applying for Canada Visa once refused

Similar to appeals of reconsideration, you will be given a chance to provide additional information or clarification with a fresh application. This is a good option when you feel that your that your personal positions have changed from the date since you made the initial application. It is only prudent to look at the reasons given in your visa denial and think of options by which you can reinforce the lacking areas.

For example, in case you did not succeed in convincing the immigration officer that you would not be able to support yourself monetarily, you should rethink any other source of income you missed or create new sources of income.

You must never lose heart no matter what the reason is in your visa refusal. There are many other options available. You can always talk to the immigration lawyer and evolve the best strategy to approach your case. Remember- where there is a will, there is a way.

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Diksha Garg

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