Express Entry Refusal what are your options?
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
- The Federal Skilled Trades Program which is for individuals who are qualified to apply based on their skilled trade
The Express Entry system allows candidates to show an interest by creating a profile. Candidates can get invited to apply by way of their profile.
Candidates who are invited to apply must submit an application for permanent residence online through their Express Entry Profile.
Individuals who have applied for permanent residence under the Express Entry system can sometimes have a negative decision. Decisions are communicated by way of refusal letters.
There are some remedies and options that can be sough when a PR application is refused or in case of an Express Entry refusal.
There is usually no right of appeal in the case of a refusal of a Permanent Residence Application under Express Entry.
There are three options/remedies that can be sought in case of an Express Entry Refusal, although, not in all cases:
1. Apply for reconsideration
2. Seek Leave and Judicial Review at the Federal Court
3. Resubmit an application with better documentation or evidence that addresses the Immigration Officer’s concerns
4. Determine other Immigration options
We will briefly discuss these options below.
1. Reconsideration of an Express Entry Decision
It is advisable to submit an access to information request to obtain the officer’s reasoning in refusing your application. However, it can take more than thirty days to get the officer’s notes. In some circumstances, Applicants might not have the time to wait after the notes.
Applicants should first review the Officer’s refusal as well as the supporting documents they submitted with their application. They should also review and ensure that they have calculated their CRS score correctly.
If upon reviewing the decision Applicant’s are certain that there is an issue in the decision. They may want to seek the reconsideration of their matter with Immigration Refugees and Citizenship Canada IRCC.
A detailed explanation as to how and why the Applicant disagrees with the decision should be provided. The letter should be accompanied along with documentation that supports the Applicants position. In some cases, new evidence may be presented although it is better to rely on the existing record.
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
In some cases, upon reviewing the application Applicants may determine there was insufficient evidence or documentation submitted. In such a case it is advisable to resubmit an application if better evidence can be obtained.
It is important for applicants to mindful of the documentation requirements as well as the content and format of the documentation.
IRCC has created a document checklist that Applicants should refer to.
In some cases, a particular document or information cannot be provided. Applicants should determine if alternative documentation can be provided in support of their application.
In some cases, it is advisable to not submit an application. Applicants should wait until additional points can be added to their profile.
This is the case if there are changes of circumstances or background information such as:
- Obtaining an arranged employment (job offers),
- Scoring higher on a language exam,
- Obtaining an additional diploma,
- Obtaining additional work experience.
- family members (spouse) completing one of the required language exams, Education Credential assessment, or gaining work experience in Canada.
4. Other Immigration Options
In some cases, it might not be in a client’s best interest to seek any of the above remedies. These remedies might not work in some circumstances.
In such circumstance’s applicants should contemplate other options including other immigration programs.
They should also contemplate temporary solutions if their status in Canada is about to expire. Temporary solutions include a study permit, work permit, or a visitor record.
Conclusion
We have seen some of the options available in case of a refusal of an Express Entry Application. It is important to note that these options are not to be applied in all cases.
Applicant’s should carefully review their application and ensure that there is in fact an issue in the decision. There might be no remedy available in cases where applicants simply do not meet the requirements of the applicable Immigration program.
Applicants should seek legal advice before contemplating any of the options discussed above.
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.