Categories: Immigration Blog

Visitor Visa Denied to Canada

Denied Visitor Visa to Canada?

Applied for a Temporary Resident Visa and it got denied by Immigration Canada? Would like to know why your application got denied and what steps to take after refusal? Keep reading if this describes your situation.

What is a Visitor Visa?

A visitor visa is a temporary official document issued by the Canadian government that allows you to visit Canada temporarily. By attaining this document you have established that you meet the criteria to be admitted into Canada as a temporary resident. This document is called a Temporary Resident Visa or TRV. There are certain requirements to be met before you can get this document and there are certain rules to be followed after attaining this document that you must follow. A temporary resident permit can be revoked under certain circumstances.

Who can apply for a Temporary Resident Visa?

If you are a non-Canadian or permanent resident then you need to apply for a visitor visa. Secondly, you have to make sure that your country of residence if visa exempt or not. If you country is not visa exempt then you must apply for a temporary resident visa to enter Canada. If your country is visa exempt such as the US then you do not need to apply for a temporary resident visa. Depending on your country of citizenship, you need to apply for an Electronic Travel Authorization (eTA) instead of a visitor visa which is a much simpler process.

What Happens if Visitor Visa application gets Rejected?

Let’s put it this way, applying for a temporary resident visa is not too challenging once you have established that you are eligible. Getting approval on a temporary resident visa is very difficult to get. The rejection level is one of the highest when it comes to Canadian immigration applications. I like to explain the reason behind denial in two separate ways; one is based on the actual application submitted and one is based on inadmissibility. Let us look at why you would be inadmissible to enter Canada even if you submitted a strong application:

  • Criminal history- this could be a DWI or even a more serious offence
  • Medical condition/s – such that it would be contagious
  • Security risk to Canada
  • Human or international rights violation
  • Membership in an organization that takes part in organized crime
  • Financial reasons
  • Misrepresentation by the individual
  • In violation of Immigration, Refugees and Citizenship Canada

Can you overcome inadmissibility?

Yes, you may try to overcome inadmissibility by applying for a criminal rehabilitation or temporary resident permit. Depending on your situation you can pick one or both. Remember this will not apply to everyone as people come from different inadmissibility backgrounds and it is highly recommended that you consult an immigration lawyer to have your options explained to you.

A criminal rehabilitation is applied for individuals who have criminal history such as a DUI or drug offence in their country of citizenship or anywhere else. There are certain criteria to be met before you can apply for this procedure such as how long it has been since you last offended and completed all sentencing imposed on you. A temporary resident permit is also for people who have criminal inadmissibility but it is recommended for people with recent offences and urgent needs to be in Canada such as a business meeting or family emergency. A temporary resident permit will be temporary and a criminal rehabilitation will be permanent given that you do not offend again. Once your inadmissibility is changed then you may apply for a visitor visa.

Denial based on your TRV application

As mentioned before, your application is most likely to be denied based on an incomplete submission. You may be missing information such as:

  • Forms
  • Photos
  • Supplementary documents
  • Financial documents
  • Ties to country of resident
  • Medical examination
  • Police clearances
  • Not meeting deadlines
  • Missing itinerary
  • Supplementary letters not strong and detailed enough

The above are some of the things you need to submit with your application to Canadian immigration, there could be more documents requested from you given your situation. Most of the visitor visa clients we get have been refused once before they come to us for reapplication. Now if you are denied based on the above points then it simply means your case was not strong enough. You did not prove to the immigration officer that you:

  • Have sufficient ties to your country of residence (bank statements, properties, businesses, family members)
  • Have sufficient funds to stay in Canada (financial documents)
  • Did not submit completed immigration forms
  • Did not pay attention to or meet deadlines set by immigration for supplementary documents
  • Did not provide valid identification documents
  • Did not submit proof of everything that you claimed such as proof of funds or ties or travel itineraries – it’s very important to back up your application

This is not to claim that by doing the above work you are guaranteed entry into Canada, nothing is guaranteed when it comes to Canadian immigration. But you cannot simply give the documents asked by immigration, you always have to try and make your submission as strong as possible.

Can you overcome denial of temporary resident visa?

There are two ways to overcome a denial for temporary resident visa application. You can either reapply or appeal to the federal court of Canada. What option you chose can depend on your unique situation. Usually people who realize that they have missed crucial information and decide to reapply. You have to keep in mind that in order for you to reapply, you must submit new information and be prepared to explain yourself to Canadian immigration as to why this information was not submitted before and why this information should be accepted this time.

People who decide to take the matter to the federal court and appeal are usually individuals who feel that the immigration officer made a mistake. If you chose to appeal then be prepared for a long journey with the Canadian courts. You don’t have to have a lawyer but it is highly recommended to retain an immigration lawyer when dealing with courts. It is very easy to make the same mistakes or other mistakes even when you reapply as the application will be scrutinized even more the second time around. Have your options cleared up for you by an immigration professional before you attempt a reapplication.

Note: there is no time limit on when you can reapply unless otherwise stated by the refusal letter.

Denied Temporary Resident Visa? Then contact Akrami and Associates

Akrami and Associates has assisted many clients with different immigration matters from Denied Temporary Resident Permit to many successful reapplications of Temporary Resident Visas. Contact Akrami and Associates for more information on how to apply for this application. For more details call 416-477-2545. Our immigration experts have submitted many successful immigration applications and we can help you achieve your immigration goals as well. Contact us today!

With Akrami and Associates there is always a way!!

Shabnam Akrami

Shabnam Akrami is the Managing Partner and Founder of Akrami & Associates. p> Prior to receiving her Paralegal Diploma with Honours, she completed her Law Degree from the UK at the University of London as well as completed a Post Graduate Diploma. In addition, she has also graduated from York University where she received both her Bachelor in Criminology and Masters in Socio-Legal Studies. She is also a Member in good standing with Law Society of Upper Canada. Prior to opening her own firm, she gained extensive experience in corporate immigration law; specializing in work permits, temporary resident permits and rehabilitation cases. She has in depth and hands on experience in all Canadian Immigration and Citizenship matters. These matters include preparation and submission of applications for permanent residence, work permits, NAFTA applications, labour market opinions, temporary resident permits, sponsorships, and business investors. Shabnam is dedicated to all her clients and committed to the successful completion of all the immigration matters in her care. With Shabnam, there is always a way!

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