Every month, hundreds of applications for permanent residency in Canada are refused based on various grounds. Many of the situations that cause refusal are actually avoidable. By doing your research, you can ensure your application won’t fall through based on a preventable issue.
Refusal often causes a lot of disruption and stress for the applicant and their family. Canada offers various immigration programs; however, the application process can be challenging to complete without making mistakes.
Here are some common reasons why immigration cases are commonly refused.
1. Medical Cases
All applicants, along with their dependents, who are hoping to achieve permanent residency in Canada are required to take a health examination carried out by a medical professional recognized by Citizenship and Immigration Canada (CIC).
Certain health conditions can be seen as a potential burden on Canada’s universal health system, and it is important to find out whether your or your dependent’s medical condition, psychological condition, or development delay could be grounds for a refusal. There are ways around this and it is important to be proactive in contacting the immigration office to discuss the details before an application is made. Having a report drawn up by a specialist can help give the application a better chance of success.
2. Criminal Cases
For every applicant, there must be an accurate criminal background check in every country they have resided in for more than six months since the age of 18, leaving no stone unturned. Canada wants to protect its own citizens from potential harm or disruption by criminals. There are ways to overcome this hurdle and it’s best to consult a good lawyer with expertise in this area who can explore the processes and options for you to achieve citizenship despite your record.
If you’ve been deported from Canada or another country in the past, it’s going to be difficult to make a case for citizenship. However, this is, of course, dependent on the reasons for deportation. Again, it’s best to consult an immigration lawyer to assist you with the process, ensuring that you have the best chance possible of succeeding with your application.
4. Removal Orders
There are three different types of removal orders, including a departure order, exclusion order, and deportation order. They all involve the applicant receiving orders instructing them to leave Canada within a certain timeframe. These orders can be challenged in court, and permanent residents have more rights than foreign nationals. Whether you can challenge one of these orders, depends on the reason for the issue, so always ensure you have a good immigration lawyer on your side to explore all avenues and hopefully retain your residency.
Misrepresentation often occurs when the applicant misreads questions on the application form, forgets to include vital information, or misunderstands the instructions for the application. Essentially, the application is incomplete and inaccurate. As a result, it is unable to be processed, translating to an automatic refusal.
This is a common mistake made, yet it carries serious consequences such as being unable to apply again for another two years. A lawyer can help you respond to this denial, commencing what is known as “procedural fairness” and helping you challenge the case, giving you the chance to apply again.
6. Protected Person Inadmissible
To be deemed a protected person, you will need to prove that your originating country is unable and unwilling to provide you with adequate protection. It needs to be shown that the risk is personalized and not one generally faced by everybody in the originating country. Concerning immigrating as a refugee, it is important that a lawyer helps you understand the specifics of the criteria you would need to meet to be allowed entry and citizenship.