Visa refusals can feel like an insurmountable challenge, especially when they happen repeatedly. If you have faced multiple visa refusals, you may feel disheartened, frustrated, and unsure of how to proceed. But persistence, proper preparation, and expert legal guidance can turn things around.
At Fateh Law Corporation, we recently helped a client overcome nine visa refusals for Canada. Despite these setbacks, her desire to visit Canada to see her friend studying on a study permit remained steadfast. With a perfected application that included a Canadian affidavit and legal submissions, we broke the chain of refusals.
The 10th application—meticulously prepared and ready for potential judicial review—was finally approved. In this blog, we will provide a comprehensive guide on what to do if you have multiple refusals, explain the importance of legal preparation, and outline the steps to overcome wrongful refusals.
1. Understanding Visa Refusals
1.1 Why Are Visa Applications Refused?
Visa refusals can happen for a variety of reasons. Some common grounds include:
- Insufficient evidence of purpose of visit.
- Lack of financial stability or inability to demonstrate funds.
- Weak ties to the applicant’s home country, raising doubts about their intention to return.
- Incomplete or improperly prepared applications.
- Previous travel history, including prior visa refusals.
1.2 The Emotional and Practical Impact of Refusals
Multiple refusals can cause emotional distress and practical challenges, such as:
- Damaged immigration history, which can make future applications more difficult.
- Increased scrutiny on subsequent applications.
- Loss of trust in the system and fear of further refusals.
It is crucial to remain calm, evaluate the reasons for refusal, and develop a strong strategy for overcoming these setbacks.
2. Breaking the Chain of Refusals: A Real-Life Case Study
Our client approached us after facing nine visa refusals for Canada. Despite the challenges, her connection to Canada remained strong—she wanted to visit her friend, who was studying in Canada on a valid study permit.
The critical problem was that repeated refusals had created a pattern, which made future applications even more difficult. At Fateh Law Corporation, we understood that breaking this chain required a perfected approach.
2.1 Key Challenges in the Case
- Prior Visa Refusals: Nine prior refusals created significant red flags in her immigration history. IRCC officers are often reluctant to overturn previous decisions unless there is a compelling case.
- Purpose of Visit: The applicant’s intention to visit Canada needed to be clarified and demonstrated through solid evidence.
- Strong Ties to Home Country: Despite genuine ties, previous applications failed to present her situation convincingly.
- Judicial Review Preparation: If the 10th application was refused again, we needed to ensure the case was ready for judicial review in the Federal Court of Canada.
2.2 Our Approach: A Perfected Application
The only way to overcome these challenges was to prepare a perfected application with the following components:
A. Canadian Affidavit
We prepared a detailed Canadian affidavit that explained:
- The applicant’s purpose of visit.
- Her intention to return to her home country after the visit.
- Her financial stability and genuine ties to her home country.
The affidavit served as a legally sworn statement that clarified her case and addressed prior concerns raised by IRCC.
B. Legal Submissions
As experienced barristers and solicitors, we prepared legal submissions to accompany the application. These submissions highlighted:
- Errors in the reasoning of prior refusals.
- The applicant’s compliance with Canadian immigration laws.
- The strength of her case, backed by genuine documentation and evidence.
C. Judicial Review Readiness
We anticipated the possibility of another refusal and ensured that the application was judicial review-ready. In the Federal Court of Canada, applicants are not allowed to submit any new evidence. Therefore, we made sure all relevant documents were included in the original application.
2.3 The Outcome: Success on the 10th Attempt
With proper preparation and legal guidance, the 10th application was finally approved. This success highlights the importance of persistence and expert advocacy.
3. The Role of Judicial Review in Overcoming Refusals
If your visa application is refused repeatedly, it may be necessary to challenge the refusal through judicial review in the Federal Court of Canada. Judicial review is not a re-evaluation of your application but a legal process to determine whether the officer’s decision was fair and reasonable.
3.1 What Is Judicial Review?
Judicial review is a legal remedy available when an applicant believes a visa refusal was unreasonable or procedurally unfair. In this process, a judge reviews the decision-making process to identify errors in law or fact.
3.2 Key Points About Judicial Review
- No New Evidence: You cannot submit any new documents during the judicial review. The court examines the original application and refusal letter.
- Focus on Errors: The goal is to identify errors in the officer’s reasoning or failure to consider the evidence provided.
- Potential Outcomes: If the court finds the refusal unreasonable, the case is sent back to IRCC for re-determination by a different officer.
4. Steps to Take After Multiple Visa Refusals
If you have faced repeated visa refusals, follow these steps to improve your chances of success:
Step 1: Analyze the Refusal Reasons
Carefully review the refusal letter to understand why your application was refused. Common reasons include:
- Lack of purpose of visit.
- Insufficient funds or financial instability.
- Weak ties to your home country.
Step 2: Gather Strong Supporting Evidence
Address the refusal reasons by gathering strong documentation, such as:
- Proof of financial stability (bank statements, income tax returns, business ownership documents).
- Evidence of ties to your home country (property ownership, family ties, employment letters).
- A clear explanation of the purpose of your visit (invitation letters, itineraries, and affidavits).
Step 3: Consult a Canadian Immigration Lawyer
An experienced barrister and solicitor can:
- Assess your case and identify weaknesses in previous applications.
- Prepare a perfected application, including affidavits and legal submissions.
- Advise you on judicial review if necessary.
Step 4: Prepare a Perfected Application
Your new application must address all concerns raised in prior refusals and include all necessary supporting documents.
Step 5: Be Ready for Judicial Review
In case of another refusal, your application must be judicial review-ready. Ensure that all relevant evidence is included in the original application.
5. Why You Should Not Give Up After Multiple Refusals
Visa refusals can feel overwhelming, but it is important to remain persistent. If you have genuine documents and a genuine case, you should not let wrongful refusals stop you.
- Errors Happen: IRCC officers can make mistakes or overlook evidence.
- Legal Remedies Exist: Judicial review provides a mechanism to challenge unfair decisions.
- Success Is Possible: With proper legal guidance, even multiple refusals can be overturned.
Our client’s case demonstrates that persistence, preparation, and legal advocacy can turn things around, even after nine refusals.
6. How Fateh Law Corporation Can Help
At Fateh Law Corporation, we specialize in challenging wrongful refusals and helping clients navigate the complexities of Canadian immigration law. With over 11 years of experience, Mr. Fateh and his team provide expert legal guidance to ensure your case is presented in the strongest possible manner.
Our Services Include:
- Preparing perfected applications with Canadian affidavits and legal submissions.
- Representing clients in judicial reviews at the Federal Court of Canada.
- Providing strategic advice to overcome multiple refusals.
7. Conclusion: Fight for Your Rights
If you are facing multiple visa refusals, don’t lose hope. With genuine documents, a strong case, and expert legal guidance, you can overcome these challenges and achieve your goals.
At Fateh Law Corporation, we are committed to fighting for justice and helping you reunite with your loved ones in Canada. Do not let IRCC’s wrongful refusals stand in the way of your dreams.
📣 If you are tired of multiple refusals, contact us today. Let us help you break the chain and secure your future in Canada.
Mr. Navratan Singh Fateh | Fateh Law Corporation
Over 11 years of experience in Canadian immigration litigation.
