Overcoming Temporary Residency Refusals

Coming to Canada can be difficult, and some know this fact better than others. You may have received a refusal you were not expecting. Perhaps you have multiple years of experience in your field, a manifold of assets and financial resources, and somehow, Immigration, Refugees and Citizenship Canada (IRCC) still turned you down. We respectfully and urgently urge you to not submit a fresh application anew without careful and considered thought! One refusal may be held against you in subsequent application(s). More than one, furthermore, could permanently jeopardize your dreams of future Canada travel and/or permanent immigration.

IRCC issues their refusals carte blanche, using boilerplate refusal reasons that are not always easy to parse. In our experience, sometimes the reason is obvious, and sometimes, it is not (see our article on the “Saudi Arabia problem” for further elucidation). It is usually always advisable to request an Access to Information and Privacy (ATIP) request. You will then be provided with the officer’s detailed notes on exactly why you were refused. Sometimes, the reasons can be surprising!

It is always important to address the reasons the officer refused the applicant in any subsequent application. Always, always, always, keep all written communications from IRCC. The disappointed applicant may be inclined to throw the offending letter in the trash immediately. However, you will be responsible for accounting for previous refusals in all subsequent applications.

Please see below for a non-exhaustive list of potential refusal reasons you may see on your refusal letter, followed by a discussion on what they could mean:

I am not satisfied that you will leave Canada at the end of your stay as per paragraph 200(1)(b) of the IRPR. [...] The purpose of your visit to Canada is not consistent with a temporary stay given the details you have provided in your application.

The compensation (monetary or other) indicated in your job offer and your assets and financial situation are insufficient to support the stated purpose of travel for yourself (and any accompanying family member(s), if applicable).

Officers can, and will, make judgements about the amount of money in your bank account, and correlate that to the salary being offered in the job offer, combined with their own research into the cost of living in the town/city the applicant will be living in, to determine whether they believe the applicant will be able to afford to live there. For example, they may look up the median cost to rent an apartment in, Regina, as an example.

Unfortunately, there is no set in stone minimum balance that officers will look for in your bank statement. Therefore, no one can tell you exactly how much money will absolutely guarantee the officer will not make this finding. Of course, the more the better. Some firms may mandate that you have at least $10,000.00 CAD in your bank account. Others may not. The positive note about this, is that applicants from countries with lower earnings do not have to compete with the earnings that applicants from countries with higher earnings may or may not be able to demonstrate. This levels the playing field, but of course, it comes with a significant amount of doubt and worry. Officers are given a large amount of leeway in determining their decisions.

This will usually be followed by one or two, or even a full list of the reasons the officer has come to this conclusion. To be clear however, whenever anyone is submitting a temporary residence visa application, they must supply at least some evidence to convince the officer that the applicant will be more likely than not to leave Canada, if a time comes that they must (for example, an extension application is refused, or a permanent residency (PR) application is refused). In essence, the applicant must convince the officer reviewing the file, that there is at least more than a 50% chance that they will not stay in Canada illegally.

Here are some of the reasons the officer might give to justify the above claim:

Ties to Home Country

An applicant needs to show at least some evidence that they have sufficient ties to their home country (or country of habitual residence) that they would have a reason, and indeed, motivation to return home if their period of temporary stay comes to an end.

Inadequate History of Employment

This reason gets straight to the point. Based on the information provided in the application package, the officer has found that the applicant does not have temporary intentions to stay in Canada. It is important to note however, that Canada recognizes something called “dual intent”. Basically, it is okay to come to Canada on a temporary basis, with the eventual intentions to stay permanently. The applicant must provide evidence that, despite their permanent intentions, if the applicant were to be faced with no choice but to leave Canada, that they would do so.

Essentially, and this might seem to cruel to some, (and I will provide an example later) the officer does not believe that the applicant will leave Canada if they have not legal option to remain in Canada either temporarily or permanently. This is not say that the officer is alleging the applicant is a criminal who will do anything in their power to flout the law of the land! Sometimes, it is possible to overcome this reason with better evidence in a subsequent application. However, it is always best practice to put your best foot forward from the start of affairs!

TRV Refusal - Next Steps?

Have you recently received a refusal of your application for temporary status in Canada? We have prepared this short document to let our clients and or potential clients know what their options are when they face a refusal for a temporary stay in Canada.

First off, the most important thing to remember for these types of applications is:

There is no right of appeal for temporary residence applications to Canada.

Does this mean there is nothing you can do if your application is refused? Not quite. There are in fact, three clear options:

1) Resubmit the Application

In other words: reapply. In a resubmission, it is important to address the officer’s reasons for refusing the previous application. Sometimes this can be done easily. For example, if you applied for a study permit, and the refusal letter clearly states: “Insufficient funds”, then the applicant can resubmit with documentation proving that they have the required funds. In general, however, refusal reasons are often vague, what we call “boilerplate refusal reasons”. For example, refusal letters often state: “I am not convinced that you will leave Canada by the end of your stay”. This can mean many things! Therefore, best practice when resubmitting is to submit an Access to Information and Privacy (ATIP) request, in order to see the officer’s detailed notes regarding your application. Sometimes very surprising things can arise!

2) Reconsideration Request

A reconsideration request does not constitute an appeal. However, if there is strong evidence or reason to believe that the officer made a critical error in assessing your application, you can request the officer to reopen your file and reconsider a positive determination. It is critical that you can definitively point out that the officer made the mistake, not the applicant. For example, if you forgot to include a document (such as language test results), the officer will not reopen and reconsider your file. You will have to reapply (see step 1). However, if you did include your language test results, and the officer refused your application anyways with the claim that you did not include language test results, that would be the exact type of scenario where a reconsideration request is absolutely warranted.

It is very important to remember that if you do choose to request reconsideration, the request will go directly to the officer who refused you in the first place, who will have considerable leeway in whether to choose to honor your request and reopen your file. As such, remember that politeness costs nothing, and simply being respectful can save you a lot of headaches in the future.

To give a real-life example of this: the author of this document once received a refusal for a client’s LMIA-based work permit application. The reasons themselves were, unfortunately, valid. However, when we reviewed the refusal letter in depth, we realized the letter stated that the application had been assessed and refused under the International Mobility Program (IMP). Savvy readers may be aware that LMIA work permits are not assessed under the IMP. LMIA applications are assessed under the Temporary Foreign Worker Program (TFWP). As such, despite the narrow chance of success, we prepared a reconsideration request stating, in essence, that by stating that the application had been assessed under the wrong program, that their entire argument was invalid from the start and should be reevaluated.

It worked! The applicant received an approval! We here at Fireweed Immigration believe this to be a inherent part of our duty to our clients and are always prepared to practice due diligence in ensuring our clients get the best chance possible.

3) Application for Leave and Judicial Review (JR)

An application for JR takes the application all the way to the Federal Court. This is not an appeal. Rather, it is a request for a Judge to review the decision and determine whether it was reasonable, procedurally fair, and made according to applicable law.

The timelines to apply for JR are very strict, 15 days for applications refused in Canada, and 60 days for applications refused outside Canada. Furthermore, only lawyers can litigate these cases before the Federal Court. If the applicant wishes to pursue JR, we will aid you in finding suitable counsel.

About the Author:

David Waterman is a Regulated Canadian Immigration Consultant (RCIC R1041114) and associate partner at Fireweed Immigration and Citizenship Services in Edmonton, Alberta. He holds a Graduate Diploma in Immigration Law from Queen's University and an BA in East Asian Studies from the University of Alberta. Fireweed serves clients across Canada and beyond through online consultations.

Disclaimer: This post is for informational purposes only and does not constitute legal or immigration advice. Every situation is different. For advice specific to your circumstances, consult a Regulated Canadian Immigration Consultant or immigration lawyer.. It is not legal advice. Immigration applications are highly individual—consult a licensed RCIC or immigration lawyer for advice specific to your situation.

Connect

Get in touch with us today:

Follow/KEEP IN TOUCH

info@fireweedimmigration.ca

© Fireweed Immigration and Citizenship Services, Ltd, 2025. All rights reserved.

Services

About

Fireweed Immigration and Citizenship Services is an Edmonton-based RCIC firm helping individuals successfully visit and immigrate to Canada.

Terms and Conditions

Privacy Policy

Visitor Visas
Study Permits
Work Permits
Permanent Residence
Spousal Sponsorships
Parent-Grandparent Sponsorship
Refugees and Protected Persons
Humanitarian & Compassionate
Canadian Citizenship
Admissibility & Complex Cases

Accessibility Statement

Whatsapp: 1-587-487-8638