How to Submit a Request for Reconsideration IRCC: A Complete Guide
If your immigration application to Canada was refused, you might be wondering, “Can I get IRCC to reconsider their decision?” The answer is yes! Submitting a request for reconsideration allows you to ask Immigration, Refugees, and Citizenship Canada (IRCC) to review your denied application. This blog post will walk you through everything you need to know, step-by-step, about how to submit a request for reconsideration IRCC and boost your chances of success.
What is a Reconsideration Request?
A reconsideration request is when you ask a visa officer to review and potentially overturn a denied application. It’s like saying, “Hey, I think there’s been a mistake, and here’s why!” This process is available for different types of applications, including visitor visas, work permits, study permits, and even permanent residency applications like Express Entry.
When Should You Consider a Reconsideration Request?
Not every refusal is worth challenging, so it’s important to know when a reconsideration is the right choice. You should think about submitting a reconsideration request if:
- You believe there was a factual or legal error in your application review.
- Some important information was overlooked.
- New evidence clarifies your case.
Quick Tip: A reconsideration request is often more straightforward and cost-effective than other legal options like a judicial review. However, the success rate can be low, so it’s crucial to get it right!
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How to Prepare a Strong Reconsideration Request
Step 1: Gather and Organize Your Documents
Start by collecting all documents you originally submitted with your application. This helps you review what the officer saw and compare it to your refusal letter. If someone else helped with your application, ask them for a copy. Missing documents? You can request them through an Access to Information and Privacy (ATIP) request.
Step 2: Request Visa Officer Notes
Consider requesting the visa officer’s notes to understand why your application was refused. These notes can give you insight into what went wrong. But be aware—ATIP requests can take up to 90 days. If time is tight, move forward without them.
Fact: By law, ATIP notes must be provided within 30 days, but delays are common.
Step 3: Identify and Address Errors
Look for factual errors in your refusal letter. Did the officer misstate your nationality? Did they miss an important document? Point these out with evidence. If there were legal errors—like a requirement being misinterpreted—address those too.
Step 4: Draft a Persuasive Request
When writing your request, be clear and direct. Start with your main ask, such as: “I am requesting reconsideration of my [type of application] to have it reopened for the following reasons.”
Tips for Writing Reconsideration Request:
- Use polite and professional language.
- Keep it concise but compelling.
- Support your points with facts and documents.
Step 5: Present New Information (If Needed)
If new, relevant information has come up since your initial application, include it. But be cautious—IRCC doesn’t always accept new evidence during reconsideration.
Pro Tip: If your situation has significantly changed, a new application might be better than a reconsideration request.
Step 6: Seek Professional Guidance
Working with an immigration lawyer or consultant can make a huge difference. They can help make sure your request is clear, complete, and as strong as possible.
Step-by-Step Guide: How to Submit a Request for Reconsideration IRCC
- Submission Process: You can submit your reconsideration request through the IRCC web form or by email (if provided by IRCC).
- No Fees: Good news! There is no fee for submitting a reconsideration request.
- Monitoring Status: After submission, you may not get an acknowledgment. Check your IRCC account for updates; your application status might change to “Processing.”
Examples of Successful Reconsideration Requests
To give you an idea of what works, here are two real-life examples:
- Permanent Residency Case: An applicant’s language test was incorrectly flagged as invalid even though it met all requirements. The applicant requested reconsideration, presented original test details, and successfully had their application reopened and approved.
- PGWP Extension: An applicant was refused due to a 90-day restoration period issue. By citing a temporary public policy that allowed extensions beyond 90 days, they successfully had their case reconsidered and approved.
Reconsideration vs. New Application vs. Judicial Review
Reconsideration Request:
- Best when there’s a clear error or overlooked evidence.
- No fees and usually faster than other options.
- Low success rate if no significant new evidence is presented.
New Application:
- Good if you can strengthen your case with more evidence or address previous shortcomings.
- Requires new fees and processing time.
Judicial Review:
- Best if there is an error in the decision-making process itself.
- More formal, involves a court, and can be costly.
Interesting Fact: You can submit a reconsideration request and file for a judicial review at the same time to maximize your options.
Frequently Asked Questions
Who can submit a reconsideration request?
Anyone whose immigration application was refused by IRCC can submit one, provided they have reasons that justify the review.
Is there a deadline for submitting a request?
There’s no strict deadline, but it’s best to act quickly—ideally within 30 days of receiving the refusal.
What are the chances of success?
It depends on the case and the strength of your evidence. Most reconsideration requests are not accepted unless there’s a clear error.
Can I pursue other options while waiting?
Yes, you can submit a reconsideration request and explore other legal avenues, like judicial review, simultaneously.
Are there fees?
No, there are no government fees for reconsideration requests.
Conclusion
Submitting a request for reconsideration IRCC can be a powerful tool if you know how to prepare properly. Make sure to review your refusal letter carefully, gather relevant documents, and write a clear, concise request. If you’re unsure, consulting an immigration lawyer could give your case the extra push it needs. Remember, time is of the essence—don’t wait!
Have you faced a similar situation or have more questions? Share your thoughts in the comments below!
