Canada Visa Refusal for Spaniards

Incomplete or Inaccurate Documentation

The documents you’ll submit for your Canadian visa application as a Spaniard vary depending on your visa type and specific circumstances. Knowing all the documents you need, from passports to travel medical insurance, and filing them is essential to getting your application approved. The authorities can refuse your application for missing documents or errors in your documents or application form.

Misrepresentation of Information

Another key reason for Canada visa refusal is misrepresentation of information. It could entail submitting false documents, giving false information, or omitting details from your application.

Misrepresentation is a severe offence under Canadian immigration law. The IRCC can temporarily or permanently ban applicants who have made false representations from reapplying for a Canadian visa.

Past Immigration Violations

Canadian immigration officials will consider your previous stay in Canada and other countries when assessing your application. Therefore, you should declare whether you have any immigration violations, such as if you overstayed a visa and, where necessary, any corrective actions you took to address them.

Criminal history

To be allowed into Canada, you must have a clean or negative criminal record issued by the Spanish authorities. Serious crimes like terrorism, human rights violations, grand theft, or organised crime could cause the authorities to reject your application.

If you have a past criminal record, ensure you’ve resolved the situation with a criminal rehabilitation before you reapply. Also, state your history and the steps you took to address it.

Failure to Meet Canadian Health Standards

Candidates must submit documents that prove their medical status to ensure that they don’t endanger the lives of Canadian citizens or put a burden on public health services. Some medical tests that visa applicants are expected to undergo and pass include X-rays, laboratory tests for tuberculosis, diabetes, and other major illnesses, and a thorough physical examination.

The IRCC may refuse your application if you don’t undergo a health exam or if your medical certificate confirms your severe health condition risks public safety or strains the country’s health service.

Insufficient Financial Support

Applicants for a Canadian visa must prove they have the finances to travel and sustain their stay while in the country. The minimum amount depends on the visa type and duration. You’ll need to submit bank statements to prove your finances. If you have less than the stipulated finances for your visa type, it could result in a refusal.

Doubt About Applicant Intentions

Many Canadian visas are refused because immigration officials doubt the applicants’ intentions for seeking entry into the country. For instance, authorities may reject a study visa if they believe the applicant does not genuinely intend to pursue their studies and may have other motives, such as using the visa to gain permanent residency or for employment purposes outside of their study program.

Your application must clearly state your intent to visit the country and provide supporting documents that prove your intentions.

Lack of Ties to Spain

If you are applying for a temporary visa, such as a study or visit visa, lacking ties to your home country, Spain, can indicate that you will likely not leave Canada when your visa expires. This could weaken your application and cause a refusal.

Demonstrating that you have a decent job, family responsibilities, significant property, or other commitments in Spain is essential. It would convince officials that you have reasons to return upon your visa expiry and not seek permanent residency in Canada.

Travel History

An impressive overseas travel history can help strengthen your Canadian visa application, and a poor one can weaken it. If you have a history of traveling to other countries, especially to those with tight immigration controls, the immigration officials will have reasons to believe you’ll adhere to Canadian immigration laws.

A limited travel history can raise concerns about your intent. While it does not automatically result in a refusal, it can lead to increased scrutiny of your application.

Overview

Reapplication is one of your options if the IRCC rejects your Canadian visa application. You should reapply if you think the reason for the authorities’ refusal is legitimate and you’re not banned from reapplying. Here are steps to take for a successful reapplication.

Review Your Refusal Letter

Your refusal letter will detail the grounds for your application’s denial, such as insufficient funds or missing documentation. Knowing the precise reasons is crucial, as it helps you understand the requirements you may need to meet or issues to address when you reapply.

Address the Refusal Issues

Your next step is to take action to rectify the issues in the refusal letter. For instance, if your application was denied due to insufficient funds, you might want to wait till you’ve had enough finances to support yourself before reapplying. If the refusal was due to missing documentation, gather all required documents before your new application.

Resubmitting your application without addressing the reasons for refusal is unlikely to lead to a different result.

Submit a New Application

After addressing your rejection issues, you can reapply for the visa. Reapplying for a visa is simply going through the application process again. You can reapply at the visa application centre, and your application will be sent to the Canadian embassy or consular office in Spain for processing.

You should strengthen your reapplication by detailing all changes to your circumstance since your last application, including if you’ve acquired new property, now have a stable job or have an improved travel history.

Also, craft a compelling statement of purpose that outlines your reasons for choosing to visit, work, or study in Canada. If you intend to study, explain how it aligns with your career goals.

When reapplying, you will be required to pay the visa fees again. Note that your initial payment and the new reapplication fees are non-refundable. The visa processing time remains the same as your initial application, usually a few weeks to months, depending on the type.

If you didn’t work with an immigration consultant or lawyer in your previous application, it’s best to do so when reapplying. A lawyer can review your case and provide expert guidance on strengthening your application.

Submitting a Reconsideration Request

A reconsideration request is an appeal to the IRCC to review your refused application and reverse their decision. Make a request highlighting why they should review it and include supporting documents. Submit the request within 30 days after you get your refusal letter. No fee is associated with submission.

A reconsideration request doesn’t guarantee the IRCC will reopen your application. But if they do, the officials will keep you updated on its status via your online application account.

Appealing to the Immigration Appeal Division (IAD)

Appealing to the IAD is an elaborate process involving several processes. Here’s a breakdown of the process.

File your Notice of Appeal

The Notice of Appeal notifies the IAD that you want to appeal the refusal. You can complete a Notice of Appeal Form and prepare documents to support your case. You should file a Notice of Appeal a maximum of 30 days from when you refused the letter.

Prepare your Case

The Minister (IRCC) will send you an Appeal Record (the information in your travel application file). You’re also required to provide a disclosure of evidence to the IAD and Minister’s counsel (IRCC legal representative) at least 60 days after you receive the appeal record. You can decide not to submit a disclosure of evidence, which means that you won’t provide any supporting documents for your case.

Informal Resolution

The IRCC may attempt to reach an informal resolution with you. You and the IRCC explore a favourable settlement via an alternate dispute resolution (ADR) without entering the complex appeal procedure. They will provide you with an Early Resolution Officer (ERO) to handle the process. Should the ADR end in a stalemate, you can decide to proceed with your appeal.

Scheduling and Preparing Your Hearing

The IAD will notify you of your hearing date, which you can reschedule if you have a substantial reason. You’ll receive a notice to appeal, after which you can prepare for your hearing. All hearings are virtual by default, but you can request a physical session.

Attend the Hearing

The hearing is where you’ll present your arguments to a member of the IAD while the Minister’s counsel tries to counter them. You’ll be questioned, and witnesses will testify. Both parties (Appealants and Minister) would present their closing arguments before the conclusion of the hearing.

Get a Decision

The presiding IAD official will decide after considering all the arguments and evidence. If making an immediate decision is difficult, it could be made immediately after the hearing or later. However, the decision period shouldn’t exceed 60 days.

Your appeal could be allowed or dismissed. The IRCC must reopen your application if the appeal is allowed because it means the refusal is cancelled. A dismissed appeal means that the refusal stands, although you can still apply for a review of the IAD decision at the Federal High Court of Canada. The IRCC could also apply for a judicial review if the hearing is in your favour.

Filing a Judicial Review in the Federal High Court of Canada

You can file a judicial review with the Federal High Court in Canada if you think the refusal is unjust or the authorities have violated immigration law while assessing their application. You cannot include supporting documents not available in the application at the time of the refusal decision, contrary to other appeal routes.

You must submit a judicial review 60 days after the refused application if you’re outside Canada and 15 days from inside the country. The judicial review process can take 2-8 months, encompassing the Leave and judicial review stages.

Leave

Leave is where a judge hears your arguments and decides whether it is worthy of judicial review. They’ll grant you a leave if they think you have a case, meaning you can argue the refusal in court.

Judicial Review

You argue your case in court in the judicial review and try to convince the judge that authorities unfairly refused your application. After the hearing, the tribunal will decide whether the IRCC’s rejection of your application is legal or illegal.

If they find the refusal unlawful, they’ll order a reconsideration. They can also strictly order the immigration officials not to refuse the application on similar grounds.

Benefits of Seeking Professional Help

Canadian Immigration solicitors understand all possible reasons authorities could refuse your application. They’ll expertly review your refusal letter and give you more clarity on why your application is rejected. If you want to reapply, they’ll work with you to address the reasons for refusal to increase your chances of a successful reapplication.

Should you choose to appeal, they come up with compelling arguments to challenge the refusal. They also serve as a representative in the judicial process and put you in a better position to win your case.

Additionally, immigration attorneys can liaise with the immigration authorities on your behalf. Their profound understanding of the law makes them excellent communicators.

Costs of Professional Assistance for Spaniards

The cost of professional assistance after a visa refusal typically covers:

• Consultation
• Document preparation and review
• Application submission
• Appeal representation

The specific cost of hiring a Canadian immigration attorney varies depending on the complexity of your case and the pathway taken to overturn your refusal decision. Contact our lawyers at Total Law for an initial consultation session to learn more about our fees. Call us at +1 844 290 6312.