Did you apply for a Canadian Tourist Visa only to have your application rejected? When clients approach us with this issue, we offer a few options.
Reapplying for a Canadian Visa
Reapplying for a Canadian Tourist Visa is a potential option. While it may be frustrating to have your first application refused, it is important to consider reviewing your application to identify potential issues and evaluate whether re-applying is the best option.
Immigration officers review applications based on a number of factors, which include:
Reason for your stay
How long you plan to stay
Prior travel history
Ties to your home country
It’s important to note that when you reapply, your application will be treated as a new application. However, the reason for your last visitor visa refusal will be noted on your file and any information you submitted in the past will be on the record.
Appealing a Denied Tourist Visa
While there is no formal appeal process, you may choose to appeal your visa denial to the Federal Court of Canada or the Immigration Adjudication Division.
Why was my Tourist Visa application refused?
There are a number of reasons why your application may have been refused. Generally, the two most common issues are that the immigration officer found a reason to believe you will stay in Canada beyond your authorized stay.
Another common issue is that the applicant is inadmissible. You could be deemed inadmissible for security reasons, human rights violations, committing a crime (e.g. driving under the influence of drugs or alcohol), medical reasons, financial reasons, etc.
Should I reapply for a Canadian Visa or appeal the decision?
You may now wonder which option to select. There a few important points to consider when making your decision. First, if you plan to reapply after your refusal with the exact same information, the officer will make the same decision and you will be refused again. Therefore, if you choose to reapply, you should consider seeking counsel from an immigration professional who can determine why your application may have been refused and make adjustments to your new application to avoid encountering the same issue.
If, however, your situation has changed, you may apply again with new information. For example, if you applied for criminal rehabilitation and you were approved, you could submit a new application for a Tourist Visa. Another example is if you were deemed inadmissible for medical reasons and those reasons have since changed.
There is no minimum waiting period to reapply for a visa. You may submit your application at any time following your first rejection. However, you should take the time to identify the reason your first application was refused to ensure you don’t make the same error in your application, resulting in another refusal.
If you believe an unfair decision was made regarding your application and you wish to appeal the decision in court, you should know that this is a difficult process. Oftentimes, applicants benefit from seeking professional guidance with immigration knowledge and expertise to ensure their case is argued effectively. In most cases, we recommend that applicants simply re-apply as this a faster and more affordable option.
Calver and Associates is a leading provider of Canadian Immigration services in Durham Region. We serve clients in Oshawa, Whitby, Ajax, and beyond. Our Registered Canadian Immigration Consultant has over 10 years of experience in Canadian Immigration law and over four years of experience serving those in the Oshawa area.
We can provide assistance with applications for both temporary and permanent residency in Canada. We handle applications for study permits, permanent residency, family class sponsorship, visitor visas, work permits, and Canadian citizenship. We also handle criminal inadmissibility cases by developing remedies for refusal.