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4 of the Most Common Reasons for Immigration Refusal

Every year, thousands of applications are refused or rejected by Citizenship and Immigration (“CIC”) for a myriad of reasons, most of which are completely avoidable. The consequences are costly delays, disappointment and unnecessary stress for the applicants and their families. CIC has a great variety of immigration options available to foreigners, but maneuvering through these options can sometimes be very challenging for the applicant. Below we will explain the most common reasons for CIC to refuse an application. Our team of lawyers at Gittens & Associates is here to help you through your immigration process, approaching all aspects with experience and professionalism.

1. Criminal Inadmissibility 

Perhaps and most obviously, the character of a person seeking immigration will be judged partially on whether he or she has shown respect for the laws of the countries he or she has previously resided in. In deciding whether to grant permanent resident or citizenship status, the CIC will require criminal record checks for every country you have lived in since the age of 18 for six months or longer.

Where background checks show evidence of charges and/or convictions of criminal charges, succeeding on an immigration application may be difficult. If you have a criminal history, it is important to have a clear understanding of the difference between CIC’s deemed rehabilitation and individual rehabilitation as this determines the process involved to obtain a pardon which, if granted, will ensure you are not inadmissible to Canada based on your criminal history.

2. Health Status
While we cannot always control the state of affairs when it comes to our personal health, this is something that the Canadian government will consider in determining whether to grant permanent resident visa or citizenship status.

Healthcare is heavily subsidized in Canada, and the government wants to ensure that a person’s reason for immigration to Canada is not as simple as seeking to reap the benefits of Canadian healthcare. This being said, health status does not always make you inadmissible to Canada. Depending on the circumstance, a written specialist report could help.

3. Being Misleading, Deceitful, or Hiding Information
There is little worse you can do to ensure refusal of your immigration application than to willfully omit information or lie. In some cases even the smallest mistake or misunderstanding may be viewed by CIC as misrepresentation and lead CIC to not only refuse your application but also to ban you from reapplying for 2 years. Speak to an immigration lawyer in Newfoundland in confidence about any facts or issues that you are concerned may affect your application or reflect negatively on you. In some cases, applications can still be successful despite information that you believe may hinder you We also suggest that at the very least you get an immigration lawyer to go over your application to ensure that you understand what is being asked of you and that you include all the required information. It is much better to do things right the first time than to try and fix it later.

4. Not Choosing the Right Immigration Program
There are a variety of immigration programs in Canada to accommodate different types of people, their goals and objectives. In fact, there are more than 60 programs offered, each with its own set of requirements. While having such a vast number of programs suited to individual strengths and needs is beneficial, it can be detrimental when a potential immigrant applies under the wrong program.

Whether a permanent resident application will be successful depends on different considerations. For example, it matters whether you apply as a skilled worker, (Canada has an “Express Entry” program for individuals with experience in a specified list of occupations), a self-employed person, a start-up business owner, or a person who has family sponsorship support from a current permanent resident or citizen.

It is especially important to consult with an immigration lawyer to discuss your circumstances and goals. Your status, educational and work-history, among other factors, should be considered before determining under what program you should apply.

Possible Remedies

If your immigration application is refused, and you have not already retained an immigration lawyer to assist you, you should consider speaking to one about possible remedial options available to you ranging from a reconsideration letter, review or an appeal of your application. However, bear in mind the best remedial option is doing things right the first time.

Consider Gittens & Associates for an Immigration Lawyer in Newfoundland

At Gittens and Associates we are here to help you with your immigration needs. If you are undecided about what to do with your immigration situation or have run into any issues, call to arrange a consultation with one of our team of immigration professionals. We believe that everybody that has a valid reason or desire to immigrate to Canada should have the chance to do so. We will review the facts regarding your situation, answer your questions, discuss your options, and provide you with a plan of action. Our objective is to help you make the best decision to meet your needs.

CIC does not require you to use an immigration lawyer, and in fact makes it clear that no special attention will be paid to a file as the result of using representation. However, bear in mind that while some Canadian immigration procedures and forms appear simple, the legal considerations and ramifications involved are highly convoluted.

We are often contacted to do damage control after a situation has escalated, which leads to costly delays and sometimes a negative decision. In most cases, errors made by self-represented individuals would have been avoided by an experienced immigration lawyer. When you retain our firm, you benefit from experienced and talented professionals who collaborate on every file and adhere to a strict code of ethics. We remain intensely result-driven, honest and accessible to our clients.

Contact us for a consultation about your unique situation. Call us today at 1-888-592-7171.

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