Permanent Residence Roundup: Mistakes to Avoid, Update to Procedure for Rejected Applications

Applying for permanent residence in Canada can be daunting. There are many different ways to apply, and completing the applications can be complicated. Most applications involve paying an application fee, and it can take a long time for applicants to receive a response from Immigration, Refugees, and Citizenship Canada. Given these factors, applicants need to submit an accurate, complete application to ensure their best chance of success.

However, even if an application is rejected, there are avenues to appeal it. Immigration applicants to Canada can apply for Judicial Review of their rejected applications. A special measure was just issued that should benefit immigration applicants who apply for judicial review.

Mistakes to Avoid When Applying for Permanent Residence

Many newcomers and applicants to Canada aspire to obtain permanent residence. This status is well sought after because it allows holders to qualify for social benefits in Canada, like health care, freedom to live and work anywhere in Canada, and the right to apply for citizenship after the length of stay requirements are met.

Although there are avenues by which permanent resident applicants can appeal rejections of their applications, it is, of course, preferable to have the application accepted and not have to appeal at all. Certain details must be adhered to by the applicant to give a permanent resident application the best chance of success. Focusing on important details can help an applicant avoid making common mistakes that can lead to the rejection of an application.

National Occupational Classification

For business and work applications, like those under the Federal Skilled Worker Program, Federal Skilled Trades Program, and Canadian Experience Class, it is important that applicants use the correct National Occupational Classification code that corresponds to their application. It is important that the code is checked for job characteristics beyond just the job title, as some job titles may contain job characteristics that better fit another job under a different National Occupational Classification code. The National Occupational Classification codes and job descriptions can be checked online in order to avoid submitting wrong information as part of an application. If the wrong National Occupational Classification is submitted as part of an application, it is possible that the application will be rejected.

Change in Circumstances

While an application is pending, it is important for an applicant to update their application with changes in circumstances. It is especially important for permanent residence applicants not to misrepresent themselves in their applications to Canada. Changes in circumstance, if not declared to Immigration, Refugees and Citizenship Canada, could be found to be misrepresentation, which can lead to application refusal, as well as other consequences such as a ban on the applicant from Canada for 5 years. Although this may seem harsh, the consequence underlies the importance of submitting and maintaining an accurate application. Some applicants may be reticent to include changes in personal circumstances as the changes can impact their chances of their application being accepted. An example of a change in personal circumstances is marital status. If an applicant applies for permanent residence while married, and is divorced. At the same time, the application is pending, they are supposed to inform Immigration, Refugees, and Citizenship Canada of the change in personal circumstances. Although marital status is a factor in many points-based permanent residence applications, and the loss of that status can negatively impact an applicant, in order to keep an application accurate, the applicant must declare the change in circumstances.

Other Details to Confirm Before Submission

Aside from the above, other common details can cause applications to be rejected that permanent residence applicants should be aware of before submitting their applications. For instance, applicants should ensure that their work experience and language test results meet the standards for the program they are applying to. In the same vein, it is important that the eligibility criteria are reviewed before submitting an application, as applying for a program which the applicant is not eligible is likely just a waste of time and money. It is further important for an applicant to be admissible to Canada, as inadmissibility can lead to the rejection of an application. Inadmissibility is commonly due to either medical or criminal reasons.

Given the number of details and requirements involved in making an application for permanent residence, applicants who employ experienced legal counsel are better positioned to succeed.

Judicial Review Changes Related to Immigration Applicants

If an immigration application to Canada is rejected, the applicant can ask for a review of that decision by the Federal Court by applying for judicial review. Even in light of some recent changes for immigration applicants, the process is largely the same. Applicants must apply for judicial review and leave it to the federal court. They must also provide proof of service to the party that made the decision on their application. If written reasons were sent to the Court, and the party that made the decision on the application files a Notice of Appearance, then it is time for the applicant to submit their application record. This is where the changes apply, as applicants now have extra time to submit their applicant record, which where the applicant includes documents and argues their case. The applicant record must be filed within 75 days of filing the application for judicial review or within 75 days of receiving the reasons or notice that no reasons will be provided. Previously, the time limit was 30 days. This 45 day period should benefit applicants and legal counsel because now there is much more time to prepare applicant records.

Although having to apply for judicial review is not ideal, the extension of time should benefit immigration applicants by allowing them additional time to prepare their arguments for contesting their negative decision. Immigration applicants can greatly benefit from the assistance of counsel in making applications for judicial review, as these applications can be complex, and there are many rules to follow regarding filing the application correctly.

Garson Immigration Law: Assisting Clients with Making an Application for Permanent Residence

Navigating the complexities of Canadian permanent residence applications can be overwhelming, and even minor errors can lead to significant delays or rejections. Whether you’re preparing your initial application or considering a judicial review of a rejected decision, expert legal guidance is crucial. At Garson Immigration Law, our dedicated team of immigration lawyers is committed to helping you avoid common pitfalls, ensure accuracy, and maximize your chances of success. Don’t leave your immigration future to chance. Contact us at 416-321-2860 or visit us online today to discuss your unique immigration needs and secure experienced representation.

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