Refusal / Reconsideration / TRP

Overview

If your application was refused, we review the officer's reasons and your options, which may include a new application, a reconsideration request, judicial review through a lawyer, or a Temporary Resident Permit.

Who may qualify

• Applicants with a previous refusal
• People with criminal or other inadmissibility
• Travellers with an urgent reason to enter Canada

The process

1. 1Request and review the officer's notes
2. 2Assess options
3. 3Prepare a stronger submission
4. 4Submit the application
5. 5Follow up

Timeline: Varies by case

Start with the actual decision

A refusal requires a choice between legally different responses. Reconsideration asks the decision-maker to revisit a decision. A fresh application seeks a new decision on a properly supported file. Judicial review asks the Federal Court to examine a reviewable decision for legal, procedural or reasonableness errors. A temporary resident permit addresses inadmissibility or another failure to meet requirements; it is not an appeal.

Read the refusal alongside the exact application submitted. Identify what the officer found missing, whether concerns were disclosed and whether the evidence answered the legal test. Preserve the decision, notification date, messages and complete submission. Further records can clarify reasoning, but waiting must not replace urgent advice about court deadlines. Asking for notes does not automatically protect a legal remedy.

When reconsideration may be appropriate

Reconsideration is discretionary, not a guaranteed reopening procedure. A useful request identifies a specific concern: an apparent factual mistake, material evidence already submitted but overlooked or a fairness issue. Explain its connection to the result. Repeating that a decision feels unfair does not establish why it should be revisited.

Separate evidence existing in the original record from information created after refusal. A stronger bank balance, new acceptance or changed job may support a fresh application rather than show an error in the earlier assessment. The reconsideration request itself has no separately listed government application charge. The original fee is not automatically refunded.

A request does not extend a judicial-review deadline, restore status, authorize work or suspend removal. Have an authorized lawyer assess the Federal Court route promptly, independently of whether IRCC acknowledges the request. Do not wait for a reconsideration reply before deciding whether protective legal steps are necessary.

Reapplication versus judicial review

Temporary residence refusals do not have a general formal immigration appeal. Reapplication is useful when significant changes or new information address the actual reasons. Refiling the same package with a longer cover letter can repeat weaknesses and creates another fee obligation. Examine program eligibility and admissibility rather than assuming the only issue was presentation.

Judicial review is not a fresh merits application and does not ordinarily let an applicant submit an improved immigration package for the Court to approve. Leave is generally required. A successful challenge may result in a decision being set aside and returned for redetermination; the new assessment can still result in refusal.

Court strategy, deadlines, evidence rules and any stay request must be assessed by a lawyer authorized before the Court. Consulting and court representation are separate engagements. An immigration licence does not authorize Federal Court advocacy. Confirm scope, fees and responsibility for each legal step rather than assuming one engagement covers all remedies.

What a temporary resident permit does

A TRP may permit temporary residence despite inadmissibility or failure to meet requirements when the circumstances justify it. The officer weighs the need for entry or stay against risks. A TRP is different from a visitor visa, visitor record and restoration of status. It does not permanently remove the underlying inadmissibility.

Explain the precise obstacle and why permission is needed. For criminality, disclose offences, outcomes and sentence completion, including foreign terms requiring Canadian legal analysis. For compliance problems, document what happened, why and what has changed. Avoid minimizing history or assuming a minor description in another country means no Canadian issue.

Permission is time-limited and may be cancelled. Read conditions, including departure and re-entry effects. A TRP does not automatically provide work or study authorization; separate permissions may be required. The decision letter, not a generic maximum duration, controls what was granted. Plan expiry and travel against actual documents.

Requirements checklist: necessity and risk

Evidence should establish why the visit or stay is necessary, why ordinary alternatives are insufficient and how risks will be managed. A time-sensitive family event, medical purpose or documented employment need must be connected to the applicant’s circumstances. Explain duration, accommodation, funding, activities and departure arrangements.

Personal hardship does not automatically override inadmissibility. Complete records, relevant rehabilitation evidence and a realistic compliance plan are more useful than unsupported assurances. Compare any applicable rehabilitation, restoration or authorization-to-return requirements before filing; these are not interchangeable. Keep deadlines visible throughout review and obtain urgent advice if enforcement or current status is involved.

Government fees

Government amounts are in Canadian dollars and must be checked on the official fee list before payment. Professional fees, translations, medical examinations and other third-party costs are separate. Exemptions and family maximums may apply; paying a fee does not purchase approval.

Processing times: Use the linked live IRCC processing-times tool for your application type and location. Published estimates are not deadlines or guarantees. Allow separately for document preparation, biometrics, medical examinations and any passport submission. A processing estimate does not extend immigration status.

Document checklist

• Refusal, notification evidence and complete original submission
• Available officer notes and correspondence without delaying deadline advice
• Chronology separating original-record errors from later changed facts
• Passport, current status and previous refusal or removal records
• Court dispositions, sentencing and completion evidence where relevant
• TRP purpose, funding, accommodation and risk-management evidence
• Translations, authorization forms and correct new-application receipts

Common refusal reasons

• Reconsideration identifies disagreement but no material error
• Reapplication leaves original concerns unanswered
• Incomplete criminal or immigration history prevents reliable assessment
• TRP necessity does not outweigh identified risk
• Confusing TRP with restoration, rehabilitation or unrestricted work

Frequently asked questions