Visa or Permit Refused by Canada? Your Options

What the law requires for a visa or permit

For a temporary resident visa (visitor, worker or student class), section 179 of the Immigration and Refugee Protection Regulations says an officer shall issue the visa if it is established that the person meets certain requirements, including that they will leave Canada by the end of the period authorized for their stay and that they are not inadmissible.

For a study permit, section 216 adds that the person has been accepted at a designated learning institution and meets the other requirements of that Part. Work permits have their own requirements.

Many refusals say the officer was not satisfied about one of these points. The reasons are often brief, and an officer's file notes can sometimes explain more.

Reasons often given for a refusal

Refusal letters often say the officer was not satisfied about one or more of the following:

• that you will leave Canada at the end of your authorized stay
• the purpose of your visit, study or work
• your finances or the source of your funds
• your ties to your home country, such as family, job or property
• your travel or immigration history
• admissibility, including criminal, medical or misrepresentation concerns

Your options after a refusal

• Reapply with new or better evidence that answers the reasons. This is often the most practical route. The new application must disclose the earlier refusal.
• Request the officer's notes through an access to information request, which may help you understand the reasons.
• Ask IRCC to reconsider. There is no formal right to this. It is informal and not always successful, and it does not stop the court deadline.
• Apply to the Federal Court for leave to commence judicial review. The court reviews whether the decision was lawful and reasonable. It does not make a new decision, and if it sets the decision aside, the matter is usually sent back to be decided again.

Visitor visa, study permit and work permit refusals are not appealed to the Immigration Appeal Division. Some other decisions are, for example a family class sponsorship refusal where the sponsor has a right of appeal under section 63(1) of the Act, subject to the exceptions in section 64.

The short deadline for judicial review

Under section 72(2)(b) of the Immigration and Refugee Protection Act, an application for leave must be filed in the Federal Court within 15 days for a matter arising in Canada, or within 60 days for a matter arising outside Canada, after you are notified of or become aware of the decision. A judge can allow more time only for special reasons.

Because these deadlines can pass quickly, anyone thinking about judicial review should get advice immediately. Representation before the Federal Court is by a lawyer.

Reapplying: what should change

• Answer each stated reason directly, with documents.
• Show genuine ties and a clear purpose, with consistent information across all forms.
• Explain gaps in travel or employment history in a short, factual letter.
• Make sure the application is complete, since missing documents are a common problem.
• Disclose all earlier refusals. Leaving them out can lead to a misrepresentation finding under section 40 of the Act, which carries a five-year inadmissibility period.

See our page on misrepresentation and on procedural fairness letters if IRCC has raised a concern before deciding.

How we can help

We review refusal letters and file notes, explain your options and deadlines, prepare a stronger new application, and act in the Federal Court where judicial review is appropriate. We meet clients in English, Urdu, Hindi and Punjabi. We cannot promise a result, because the decision belongs to IRCC or the court.