Express Entry Refusal? Don’t Give Up – Explore Your Options with Auxilium Law
An Express Entry refusal can feel like a devastating setback on your path to immigrating to Canada. But it’s not the end of the road. There are several avenues you can explore to overcome this obstacle and achieve your dream of living and working in Canada.
The Express Entry system offers a streamlined path to Canadian permanent residency. You create a profile showcasing your skills and qualifications, hoping to receive an invitation to apply (ITA). After receiving an ITA, you submit a comprehensive application for permanent residence. However, sometimes, despite your best efforts, your application can be met with a refusal.
The Express Entry System is comprised of three programs The Federal Skilled Worker Program which is for individuals who want to apply based on their Foreign Work Experience, The Canadian Experience Class which is for individuals who want to apply based on the work experience they obtained in Canada, and The Federal Skilled Trades Program which is for individuals who are qualified to apply based on their skilled trade
Express Entry Refusal what are your options?
Understanding Your Express Entry Refusal
A refusal can be a discouraging blow, but it’s important to understand why your application was unsuccessful. The refusal letter from Immigration, Refugees and Citizenship Canada (IRCC) will outline the specific reasons for the decision. These could include:
- Issues with your eligibility, such as not meeting the minimum requirements for a specific program.
- Incomplete or incorrect documentation.
- Concerns raised during background checks.
Your Options After an Express Entry Refusal
While a refusal can be disheartening, it doesn’t necessarily mean the end of your Canadian immigration journey. Several options remain open to you:
- Request for Reconsideration: If you believe there was an error or oversight in the review process, you might be able to request that IRCC reconsider their decision.
- Appeal to the Federal Court: (legally not called an appeal but called Judicial review) In certain cases, you may have grounds to appeal the refusal to the Federal Court of Canada. This is a complex legal process best navigated with the help of an experienced immigration lawyer.
- Reapply: If your situation has changed or you can address the issues raised in the refusal letter, you may be able to create a new Express Entry profile and re-enter the pool. Ensure your new profile is meticulously prepared and meets all requirements.
- Explore Alternative Pathways: Canada offers a variety of immigration programs beyond Express Entry. Provincial Nominee Programs (PNPs) or other federal programs may provide alternative routes to permanent residency.
We will briefly discuss these options below.
1. Reconsideration of your Express Entry Decision
1. Reconsideration of Your Express Entry Decision
If you suspect an error in your refusal, request the officer’s notes through an Access to Information Request. While it can take over 30 days to receive them, these notes provide valuable insight into the decision-making process. In some circumstances you might not have time.
Carefully review the refusal letter, Officer’s notes and your application. Double-check your CRS score calculation. If you believe the decision is flawed, request reconsideration from Immigration, Refugees, and Citizenship Canada (IRCC). Provide a detailed explanation of your disagreement, supported by documentation. In some cases, new evidence may be helpful, but might not be accepted.
2. Judicial Review
Another option available to Applicants is to seek leave and judicial review at the Federal Court.
It is important to note that there is no appeal right for an Express Entry Refusal decision. In other words, there is no express entry refusal appeal.
Judicial review is not the same thing as an appeal.
When seeking leave and Judicial Review Applicants cannot submit new evidence in most cases. Furthermore, it is not a new hearing or case. Judges assess the reasoning process of the Officer based on the existing record that was before the Officer.
It is important to provide a copy of any important documents that can contradict the Officer’s finding. This includes any information or document that support’s the Applicants position.
It is advisable to have legal representation when seeking leave and judicial review at the Federal Court.
The process of Judicial Review is explained in another article.
Applicants should also be mindful as to the time frame to initiate the process. 15 days for decision arising inside of Canada and 60 days for outside of Canada.
3. Resubmitting an Application
If you identify insufficient evidence or documentation in your initial application, reapplying is a viable option. Ensure all requirements are met and refer to the IRCC document checklist. It is important for applicants to mindful of the documentation requirements as well as the content and format of the documentation. If you cannot provide a specific document, explore if an alternative can suffice.
Consider delaying your reapplication if it’s likely your profile will improve soon or if you are not eligible at the time of resubmission. This could be through:
- Obtaining a Canadian job offer
- Achieving a higher language test score
- Completing another diploma or degree
- Gaining additional work experience
- Improvements to a spouse’s language skills, education, or Canadian work experience
4. Other Immigration Options
If the above options don’t seem feasible, don’t give up on your Canadian dream. Consider alternative immigration programs that align with your profile. Additionally, explore temporary solutions if your current status in Canada is expiring.
Why Choose Auxilium Law as Your Trusted Guide
At Auxilium Law, we’re well-versed in the intricacies of the Express Entry system and the various options available after a refusal. Our dedicated team of immigration lawyers will provide:
- Comprehensive Case Assessment: We thoroughly analyze your refusal letter and overall profile to identify the best course of action.
- Strategic Guidance: We’ll clearly explain your options, weighing the pros and cons of each approach to help you make informed decisions.
- Professional Representation: Whether you choose to reapply, request reconsideration, or appeal, we’ll prepare a strong case on your behalf, ensuring your application is complete, accurate, and persuasive.
- Personalized Support: We understand the emotional impact of a refusal. We’ll provide compassionate guidance and support throughout the process.
Don’t Let a Setback Stop You
A refusal doesn’t have to be the end of your Canadian dream. With the right guidance and support, you can navigate the complexities of the system and find a pathway to success. Contact Auxilium Law today for a confidential consultation and let us help you chart your course towards a bright future in Canada.
Your Canadian journey continues. Take the next step with Auxilium Law.
For more information, you may want to book a paid consultation with our lawyers.
Please note that this is general information and should not be construed as legal advice.