May 13, 2009

Permanent Resident Application Refused – What Now?

Q. This is regarding my brother-in-law’s immigration application for permanent residency. He applied by himself and he was refused recently. He married my sister last month and we decided to apply again, but would need some guidance as we do not want him to be refused again. Both my sister and her husband have post-graduate degrees with considerable experience in the area of finance & business administration. I was wondering why he was refused?

R.: It is very difficult to say definitively without reviewing the refusal letter. There may be a number of reasons for the refusal: lack of proper documentation, the degree granting schools are not recognized by the local government as an institution that can issue diplomas/ degrees, insufficient work experience, lack of language ability, etc. One other question that I would have is whether your brother-in-law has advised Immigration Canada about his change of status, after marrying your sister. You need to consult a specialist lawyer regarding the possibility of challenging the refusal at the Federal Court of Canada if warranted. As for a new application, applicants must be very careful as the recent changes allow for only 38 eligible occupations for immigration to Canada without a job offer. So consult before applying to avoid another refusal. Also, a lawyer will review other immigration programs that might apply to your brother in law’s case. Good luck!