Everything You Need to Know About Filing a Reconsideration Request to IRCC

Home » Everything You Need to Know About Filing a Reconsideration Request to IRCC

If your visa application has been refused, you may be looking for ways to challenge that decision. One option is submitting a reconsideration request IRCC where you ask IRCC to reassess your application. You should send a reconsideration request when you believe the officer made an obvious factual or legal error during the review of your application.

You can submit a reconsideration request IRCC for visitor visa, work permit, study permit, or permanent residency application refusal and ask the officer to re-evaluate your refused application and potentially overturn the decision.

However, few people know that you have a deadline to submit a reconsideration request to IRCC. In this article, we will walk you through the steps of submitting a reconsideration request, including who is eligible, the associated fees, deadlines, and how to write a compelling reconsideration request letter. You’ll also find a sample letter and guidance on maximizing your chances of success.

Was your Canada visa denied? You may still have a chance to get it reconsidered! In this video, we’ll walk you through the exact steps to submit a strong reconsideration request and improve your chances of approval

Topics covered in this video

What is a reconsideration request?
Who is eligible to request a reconsideration (Not everyone qualifies!)
How to write a compelling letter that convinces the visa officer
Common mistakes that lead to rejection (and how to avoid them)
Where & how to submit your request for the fastest response

What is a Reconsideration Request?

Simply put, a reconsideration request is an informal appeal to the IRCC, where you ask the immigration officer to reopen and reassess your visa application and potentially reverse the decision.

You can submit a reconsideration request to IRCC if the officer’s decision is incorrect, unfair, or based on factual or legal errors. It’s important to highlight these mistakes and explain why you believe they occurred. The same officer who made the initial decision will decide about your request.

Now, how to submit a reconsideration request? You can do it for free through the IRCC Webform or email. Just act fast—within 30 days.

IRCC officers have total discretion and may deny your request, meaning the likelihood of success is relatively low. If successful, however, you’ll receive your Canadian visa.

When submitting a reconsideration request, don’t include new documents or information. The process addresses misunderstandings and factual or legal errors of the officer, so new materials are generally not considered.

Under Which Conditions Should I Submit a Reconsideration Request?

If you meet all the conditions below, you may be eligible to submit a reconsideration request:

Examples of when to submit a reconsideration request:
- The officer didn’t apply a clear immigration law (e.g., failing to apply a public policy).
- The officer made a factual mistake (e.g., ignoring a document in your application).

Which Visa Types Are Eligible for a Reconsideration Request?

You can submit a reconsideration request for various visa types, including temporary or permanent visas such as visitor visas, work permits, study permits, and express entry applications.

Deciding to send a reconsideration request depends on your case and refusal reasons. Review the denial reasons carefully and ensure you have evidence to support your claim. If unsure, consult a lawyer to make an informed decision.

Read more: Reasons for Canada Visa Refusal

Deadline for reconsideration requests

From the date of receiving a rejection letter:

Required documents and supporting evidence

You should prepare a submission package (reconsideration package), including the documents below:

Your reconsideration request letter
Documents and materials to support your request, specific to your case
Your visa refusal letter

If you have the officer’s note, add it to your documents as well.

How to apply for reconsideration IRCC

Here’s how to submit reconsideration request IRCC and what you’ll need to do:

Step 1. Understand Your Refusal Reasons

The first step in submitting a reconsideration request IRCC is to understand the reasons for your Canada visa rejection.

Review all submitted documents and examine the grounds for denial to ensure your eligibility for reconsideration.
If you identify valid grounds (factual errors), consider requesting the officer’s notes to strengthen your arguments while crafting your reconsideration package.

Step 2. Request Officer’s Notes

To get additional information and valuable insights about your refusal, you can review the officer’s notes (GCMS notes).

A major drawback to requesting GCMS (officer’s) notes is the wait time, which can range from 30 to even 90 days. This delay poses a challenge because you have only 30 days from the date of your refusal letter to submit a reconsideration request. Often, the notes don’t arrive in time, making it difficult to address the officer’s specific concerns within the required timeframe.

So, if your time is running low, you may need to proceed without requesting the officer’s notes to keep up with the submission deadline.

Step 3. Seek Help from Immigration Consultants and Immigration Lawyers

If you’re unsure about your eligibility or how to convince the immigration officer, consulting an immigration lawyer and immigration consultant can make all the difference. Crafting a strong reconsideration request letter is crucial since your arguments need to persuade the officer to reassess your application

Immigration lawyers, in particular, can enhance your case by structuring arguments around relevant immigration case laws and including them in your request. This legal backing strengthens your appeal, as it demonstrates that your case aligns with established precedents.

With their expertise in immigration law and persuasive argumentation, consultants and lawyers can significantly improve your chances of a successful outcome.

Step 4. Gather Documents that Support Your Claim

Your IRCC reconsideration request should come with pieces of evidence to back up your claim.
Collect the required evidence, and if you need to provide any updated documents, such as medical records, make sure to obtain them.

If you used a representative for your visa application submission, consider getting a copy of the documents.

Step 5. Prepare your Reconsideration Request Letter

Preparing the reconsideration request letter is the most crucial step in this process. This letter will present your arguments, highlighting why the officer’s decision should be reviewed.

Review the officer’s notes for any legal or factual errors, and be sure to address these directly in your letter, providing counter-arguments where needed.

Your reconsideration letter should be clear and persuasive, outlining the reasons for the review and including evidence for each claim. Strong arguments often involve demonstrating how your case aligns with established immigration guidelines or case laws, which can substantiate your eligibility and intent.

By citing specific laws, relevant facts, and applicable case precedents, you’ll strengthen your reconsideration request and increase the likelihood of a positive outcome.

Step 6. Finalize Your Reconsideration Package

Once you’ve written the request letter, organize everything to finalize your reconsideration package.

Include the GCMS notes, submitted application and documents, refusal letter, your reconsideration request letter IRCC, and any relevant supporting evidence for your argument.

Step 7. Submit Your Reconsideration Request

Now, let’s tackle the big question: How do I go about submitting a reconsideration request? You can submit a reconsideration request in two ways:

IRCC Online Webform

The best way is to submit a Webform.
You should submit your reconsideration request IRCC Webform to the specific visa office that processed your application, located in the corresponding country.
some exceptions:
- If you’re Pakistani, it’s likely Abu Dhabi.
- If you’re Iranian, it’s probably Ankara.
You can find the address of your visa office using the link: International Visa Offices

You can send an email to the specific visa office where you’ve submitted your initial application if they included an email in your correspondence.

You don’t have to pay any fees to submit your reconsideration request. However, don’t forget to submit it on time.

You may not receive a reply when submitting a reconsideration request IRCC

You can check your IRCC account to find out if your application status has changed.

If your status changes to “submitted”, it means the officer has approved your reconsideration request and is now re-evaluating your application.

However, there are times when you receive the final result without any prior changes in your status.

Step 8. Wait for the Officer’s Decision

Most of the reconsideration requests won’t result in file reopening. Officers only reopen applications in exceptional circumstances.

So, what happens when you submit a request for reconsideration IRCC?

The immigration officer who made the initial decision will review your request. If that officer is unavailable, another officer will evaluate it. They will record the final decision in GCMS and communicate it to you.

The officer may deny your request. In this case, you can explore alternative options, such as:

Request a Judicial Review in the Federal Court
You can ask the Federal Court of Canada to review the decision.
Reapplying
You can submit another application with stronger documents.

Sample of Reconsideration Rejection

If the officer rejects your reconsideration request, you may see a message similar to the following:

When approving your request, the officer will reopen your application. Then, one of the two scenarios will happen:

Visa Application Approval
The officer reassesses your application and decides to grant you a visa.
Visa Application Rejection
The officer refuses your visa application in the second assessment.

Reconsideration requests often do not result in the file reopening. Officers only consider reopening a case in special circumstances.

Why Reconsideration Requests are Usually Denied?

At first, officers thought they didn’t have the authority

It was a matter of “Functus Officio” for the immigration officers, meaning once they assess the application and the decision is made, they no longer have the authority to change the decision and reopen the case.

Then, Mr. Kurukkal appealed to the Federal Court of Canada back in 2010 (Kurukkal) because the officer refused to reconsider his application due to the Functus Officio.

Then, the Federal Court of Appeal said officers have the discretion to change the final decision

It turned out this principle doesn’t always prevent reconsiderations for immigration cases.

The Federal Court of Appeal determined that this principle does not always apply to decisions made by government agencies outside the courtroom, such as when dealing with certain immigration matters. Meaning they have the authority to reconsider their decision if they choose to.

Finally, IRCC’s Policy: Reconsideration only on an exceptional basis

IRCC’s policy regarding reconsideration requests states that immigration officers have the discretion to reconsider applications. But reconsideration should only be granted on an exceptional basis. Meaning that simply being unhappy or dissatisfied with the decision isn’t enough to warrant reconsideration.

Plus, it’s up to the applicant to convince the officer that a reconsideration is necessary.

How to Write a Reconsideration Letter

IRCC didn’t set any specific format for writing a reconsideration request, so your skills in crafting a strong and persuasive argument can help convince the officer to overturn the initial decision. Below, we will provide tips on how to write a compelling reconsideration letter and show you a reconsideration sample appeal letter for visa refusal Canada.

Key components of a reconsideration letter for visa refusal

Introduction

Use a respectful tone to address the immigration officer.
Thank the officer for reviewing your application.
Precisely state your goal so the officer can quickly see the reason for your request. Write the purpose of your request clearly.
- Example: You can begin with sentences like: “I hereby formally request a reconsideration of my X visa application to have it reopened and approved for the following reasons:…”

Include and Demonstrate an Understanding of the Reasons

Write the reasons for the rejection stated in the refusal letter.
Demonstrate your understanding of the concerns raised.

Respond to Each Reason (write the reasons for reconsideration)

Explain why the reasons were incorrect and clarify any misunderstandings.
For each reason, you should provide a valid response.
Support your explanations with additional documents. Keep in mind that IRCC won’t consider new pieces of evidence.
Example: The officer overlooked a document in your application, leading to a rejection. You can highlight the document and explain the mistake in their assessment.

Explain Your Circumstances

Highlight your connection to your country of residence.
Clearly outline your travel plans and purpose of visit, address any misunderstandings, and reassure the officer of your commitment to Canadian immigration laws.
Reassure the officer about your intentions to return to your home country.
Talk about your financial stability and highlight the proof of your financial means.
If something unexpected and beyond your control happened that affected your application (e.g., third-party delays), explain it and provide proof. Mention the effect of the event on your immigration application.

Write a Conclusion

Briefly recap your main points and ask for a reconsideration.
Thank the officer for their consideration.

Closing

Use a respectful closing phrase such as “Best Regards”.
Include a signature with your full name.
Indicate your location where you sign the letter.

Key Considerations for Crafting Reconsideration Request Letter

Maintain consistency throughout the letter.
Use a clear and respectful tone.
Don’t write long and complex sentences.
Keep your letter brief and easy to read.

Reconsideration Request IRCC Sample Letter for Visa Refusal Canada

Subject: Reconsideration Request for [Visa Type] Application – [Application Number]

Dear IRCC Officer,

I am writing to formally request a reconsideration of the refusal decision of my [visa type] application, which was issued on [date].

I would like to express my gratitude for your initial review of my application.

While I understand the reasons for the refusal as outlined in the letter dated [date], I respectfully disagree with the decision. I believe there were several misunderstandings and factual errors that led to this unfortunate outcome.

[Provide a detailed explanation of each reason and address the concerns raised in the letter. Be sure to support your arguments with specific evidence and examples.]

For example, regarding the [reason], I would like to clarify that [provide your explanation and supporting evidence]. As you can see from the attached documents, [explain how the documents support your claim].

Furthermore, I would like to emphasize my strong ties to my home country. [Provide details about your family, employment, property ownership, or other connections to your home country.]

My travel plans to Canada are for [purpose of visit]. I have already made arrangements for [accommodation, activities, etc.] and have sufficient funds to support my stay. I assure you that I will adhere to all Canadian immigration laws and regulations and will return to my home country upon the expiration of my visa.

I have attached copies of [list of supporting documents] to further substantiate my case.

In support of my reconsideration request, I would like to draw your attention to the following case law:

[Case Name] v. [Case Citation]: This case highlights the importance of [specific legal principle] in immigration decisions. In this case, the court ruled that [summarize the relevant ruling].

I believe that my application meets the requirements outlined in this case law and that a reconsideration of my application is warranted.

I respectfully request that you reconsider my application and grant me a [visa type]. Thank you for your time and consideration.

Sincerely,

[Your Name]
[Your Address]
[Your City, Province]
[Your Email]
[Your Phone Number]

This sample letter serves as a simple starting point for your reconsideration request. You can use this as Canada visitor visa refusal appeal letter sample, or other visa types.

To effectively persuade the officer to reopen your case, you’ll need to compose a strong and compelling letter.

At Visa Mondial, we specialize in crafting powerful reconsideration letters that incorporate relevant case laws and supporting facts to strengthen your argument. Seeking legal advice before finalizing your reconsideration package can make a significant difference in your chances of success.

Case Studies

Reconsideration Request for Open Work Permit Rejection

Date of Refusal: 2024.08.14
Date of Reconsideration: 2024.10.01
Status: Approved on 2024.10.10

Maryam applied for an Open Work Permit to join her husband in Canada but received a refusal letter on August 14.

In response, we immediately submitted a reconsideration request, as the rejection letter provided no specific reason for denial.

After reviewing the officer’s notes, we found that her application was rejected because her accompanying study permit application was also likely to be denied. The case notes outlined the grounds for refusal as follows:

“I have reviewed all the documentation provided for this application and have established that the applicant’s plan of entry into Canada is based on being an accompanying family member who is an SP applicant. The family member’s SP has been refused, negating the purpose of travel to Canada.”

Based on this information, we submitted another reconsideration request addressing the case notes. Meanwhile, Maryam’s spouse in Canada followed up with an MP on the reconsideration.

On October 10th, just nine days after the initial reconsideration request, Maryam received a passport request, meaning her case had been reopened, reconsidered, and approved by the immigration officer.

Reconsideration Request for Visitor Visa Rejection

Date of Refusal: 2023.05.07
Date of Reconsideration: 2023.05.09
Status: Approved on 2023.09.25

Mahdi requested a visitor visa to accompany his spouse to Canada.
His wife successfully obtained her study permit, but Mahdi received a refusal on May 7.
The grounds for refusal stated:

“You have not complied with our request for information, per subsection 16(1) of the IRPA. To date, you have failed to comply with our request for submission of the following documents: Military Records with due date 2023-04-27.”

We wrote a strong reconsideration request letter for Mehdi, arguing that IRCC had given a deadline of April 27 to submit the Military Records, and Mahdi had submitted this document on April 26.

We also included screenshots of the uploaded document.

On September 25, Mahdi’s request finally reached the desired outcome, resulting in his visa approval.

Reconsideration Request for Visitor Visa Rejection

Date of Refusal: 2022.11.04
Date of Reconsideration: 2022.12.19
Status: Approved on 2024.09.25

Niloufar and her husband had drifted apart since her husband was studying in Canada while she remained in her home country, Iran. They wanted to see each other, so Niloufar applied for a visitor visa- a temporary residence visa- to visit her husband in Canada.

Despite her strong case, Niloufar was rejected on November 4, 2022.

The officer noted:

“I am refusing your application because you have not established that you will leave Canada, based on the following factors:

You do not have significant family ties outside Canada.
The purpose of your visit to Canada is not consistent with a temporary stay given the details you have provided in your application.”

On December 19, we submitted a reconsideration request, stating that the officer neglected important facts in Niloufar’s file, including evidence of her ties to her home country. Plus, procedural fairness was breached by not providing Niloufar with the opportunity to address the concerns related to the purpose of her visit.

We also included relevant case laws to strengthen the reconsideration request.

After one month, the rejection was removed from her application, but the final result didn’t come through.
Finally, after two years of waiting, Niloufar’s reconsideration request resulted in visa approval. On September 25, 2024, her visa approval was granted, allowing her to reunite with her husband.

Reconsideration Request IRCC Timeline

Deadline to send a reconsideration request: 30 days from the denial date
Standard processing time for GCMS notes: Up to 30 days
Processing time for reconsideration requests: It can take a few weeks (4 to 6 weeks) or even 4 to 5 months, as immigration officers have discretion in reconsideration request IRCC processing time.

Keep in mind that sending a reconsideration request IRCC, though a cost-effective process, usually won’t work. Since IRCC generally doesn’t respond quickly to the Webforms.

Reconsideration Request IRCC Fees

There are no application fees attached to sending an online Webform.
Ordering GCMS notes: $5.00

Advantages and disadvantages

Submitting a reconsideration request is quicker than other alternatives

Reconsideration requests are usually quicker than submitting a new application (as you don’t need to craft an application) and judicial review (as the process usually takes a year to conclude).

Faster processing

If the officers decide to proceed with your reconsideration request, the processing time will be much shorter than that of other avenues. However, keep in mind that the officers have total discretion regarding processing times.

Lower cost

Submitting a reconsideration request doesn’t have any fees, except for requesting officer’s notes. So it’s considered an economical approach.

Quicker visa approval if the officer made an obvious mistake

If the officer made a clear mistake, there is a high chance that you’ll receive visa approval by submitting a reconsideration request in a shorter period.

Cleaner record if approved

A successful reconsideration that results in visa approval can remove the previous rejection from your immigration history.

Low success rate

Technological advancements and the use of AI result in officers making fewer obvious mistakes. Hence, there’s a low chance of getting visa approval if the officer doesn’t make any established and definite mistake.

No guaranteed response

IRCC may not review your request as they have discretion regarding the processing of reconsideration requests. So you may never receive any response.

Limited scope, not allowing you to submit new evidence and documents

When submitting a reconsideration request, you can’t add new documents or fix previous issues. You are not allowed to submit new documents or new pieces of evidence. You should only rely on the previous evidence to defend the case.

Lack of transparency

There is no transparency in the reconsideration process. If you are rejected again after requesting reconsideration or if you don’t receive a response at all, no one will explain or clarify anything to you. But the process will be recorded in the GCMS.

What to Do if a Reconsideration Request is Denied?

If your reconsideration request is denied, you can explore other avenues.

Reapply; submit a new application

If the officer made no mistake, it’s usually better to submit a new, more robust application. Crafting a stronger document will be better to address the refusal reasons and resolve the issues in your initial application.

When submitting a new application, you have the chance to provide new documents and new pieces of evidence, as opposed to the reconsideration request, where the initial application and the submitted documents will be reviewed.

Request Judicial Review in the Federal Court of Canada

If your application is perfect and there are errors in the officer’s decision based on fairness, reasonableness, and lawfulness, you can consider taking the matter to the Federal Court of Canada and requesting a judicial review of the decision.

Unlike reconsideration requests, IRCC must respond in a judicial review. However, judicial review isn’t for submitting new documents; it focuses on whether the decision was fair, lawful, and reasonable. So, if you have new evidence to strengthen your case, it’s better to reapply.

Remember, judicial review is a last resort, used only when other options fail.

So, which option should I choose? Reconsideration, judicial review, or reapply?

Take a look at the comparison between the different options provided below:

Comparison between reconsideration, judicial review, and resubmit

Reapplying

Submitting a new application

Costs:

Ordering GCMS notes: $5.00

Best for

Major changes in your application or adding new documents

Processing Time

Receiving case notes:
Up to 30 days
New application processing time:
Varies based on each case and specific visa type

Reconsideration

Requesting IRCC to reconsider the application

Costs:

Ordering GCMS notes: $5.00

Best for

When the officer made a very obvious mistake in assessing your application, such as failing to consider important evidence

Processing Time

Receiving case notes:
Up to 30 days
Reconsideration processing time:
Within a few weeks to six months.
There's no formal timeline.

Judicial Review

Challenging the decision in the Federal Court

Costs:

Minimum: 55$ + Lawyer fees

Best for

If the decision was unfair, unreasonable, or contained factual or legal inaccuracies.

Processing Time

Receiving case notes:
Up to 30 days
Judicial Review processing time:
Varies based on each case, it can take up to a year

The option you choose depends on your specific situation and the officer’s decision when rejecting your application. Consider all your options. Reconsideration might be a good path, but it’s not always the right one. Consult an immigration lawyer to discuss your specific case and develop a successful legal strategy to overcome your visa refusal.

Visa Mondial is Here to Help You Succeed!

Visa Mondial has over 13 years of experience in Canadian immigration. We understand the complexity of Canadian immigration laws and how to address a visa refusal. With our guidance, expertise, and legal insight, we can craft a compelling reconsideration request backed by relevant case law to increase your chance of success.

If you want a realistic consultation tailored to your specific case and the best strategy to resolve a visa refusal, give us a call TODAY!

Take the first step to reverse your visa refusal!

Book an appointment today for a professional assessment of your case!

Ready to craft your reconsideration request?

Fill out the form now for a detailed review and the next steps!

"*" indicates required fields

FAQ

Can you appeal a visitor visa refusal Canada?

Yes, you can file for a judicial review in the Federal Court of Canada to appeal a visitor visa refusal decision.

How to appeal visa refusal Canada?

To appeal a Canada visa refusal, you can request reconsideration from IRCC or submit an application for a judicial review.

What is a Memorandum of Argument in the Federal Court of Canada?

A Memorandum of Argument is a legal document that outlines the facts and legal arguments supporting an applicant’s request for leave to be granted in a legal proceeding.

How to appeal visitor visa refusal Canada?

According to IRCC’s website, there is no formal process to appeal visitor visa refusal Canada. But you can take your appeal to the Federal Court of Canada.

What is a Notice of Application or Notice of Appeal?

A notice of application or notice of appeal is to inform IRCC that you have commenced a proceeding against them to challenge their decision.

Do I get a refund if my visa is refused in Canada?

No. Government processing fees will not be refunded. However, in some cases, refunds might be possible as in situations involving errors in processing.

What is the Federal Court’s address?

Although there are different Registry offices across Canada in major cities, the central mailing address of the Federal Court of Canada in Ottawa is as below:

Federal Court
Ottawa, Ontario K1A 0H9
Telephone: (613) 992-4238
TDD: (613) 995-4640
Fax (non-immigration): (613) 952-3653
Fax (immigration): (613) 947-2141

How can I obtain a copy of a judge’s speech?

You can visit the page of Speeches on the Federal Court website. Some of the speeches made by judges in the Federal Court of Canada are available there.

Do I need a lawyer to file documents in the Federal Court?

No. You can also do it by yourself. But it’s a complicated process and requires legal knowledge. So, it is recommended that you use the experience and expertise of a lawyer to proceed. Otherwise, you may not succeed and end up spending money on legal fees.

Can I appeal a decision on a work permit application?

You always have the option to file an appeal in the Federal Court of Canada. You can also request reconsideration to IRCC, but it’s an informal process and IRCC is not legally forced to answer your request.

How long does it take to get a visa after a successful appeal?

No one actually knows. It can take a few weeks or even more. Our experience shows somewhere between 3 to 4 months is the ideal time. But keep in mind that the timeline depends on the specific case and the processing times.

Can I appeal a Canada visitor visa refusal?

Yes.

You can appeal your Canada visitor visa refusal to the Federal Court of Canada.
You can also request the immigration officer to reconsider your application.

Can I appeal an IRCC decision?

Yes. You can appeal in the Federal Court of Canada and ask for judicial review, or you can submit a reconsideration request which is an informal appeal.

Need help with your Canadian immigration journey?

Visa Mondial is a leading immigration law firm with over 12 years of experience helping people move to Canada. Backed by a dedicated team of more than 200 professionals, we make the immigration process easier for you. Since our founding, we’ve successfully completed over 10,000 immigration cases, making Visa Mondial one of the most trusted immigration firms in the country.