FREQUENTLY ASKED QUESTIONS

If your application gets refused, the steps you can take will depend on the type of application and the reason for refusal. The first thing to do is carefully read the refusal letter to understand why the decision was made. In many cases (for example, a temporary visa refusal for a visitor, study, or work permit), there is no formal appeal process – however, you have the option to address the issues that caused the refusal and then submit a new application. Strengthening your next application with additional documentation or clarification can often lead to a better outcome. Alternatively, if you believe a mistake was made in how your case was handled (an error in law or fact), you can seek a judicial review in Federal Court. Judicial review is essentially asking a court to examine the immigration officer’s decision for fairness or errors, but you’ll generally need legal help for this and it can be time-consuming. For certain types of applications, an appeal mechanism does exist. For example, if a spousal or other family sponsorship is refused, the sponsor (if a Canadian citizen or PR) usually has the right to appeal that decision to the Immigration Appeal Division (IAD) within a specified time frame. During an appeal, you can present your case as to why the refusal was wrong. Similarly, a person facing removal may appeal on humanitarian grounds in some cases. Keep in mind appeals and court reviews have deadlines (often 30 or 60 days after the decision), so you must act quickly. In any scenario, it’s often wise to consult with an immigration lawyer or consultant after a refusal. They can assess whether it’s better to reapply or pursue an appeal, and help you understand the refusal reasons (which are sometimes terse) by obtaining the officer’s notes. Remember, a refusal is not necessarily the end of the road – many people succeed on a subsequent attempt or an appeal with proper preparation.

For most permanent residence immigration programs, yes, an English (or French) language test is required. Canada uses approved language exams to assess applicants’ proficiency. For example, if you’re applying through Express Entry (FSW, CEC, FST) or many Provincial Nominee Programs, you will need to provide valid language test results – the most common is IELTS for English (General Training version) or CELPIP-G, and/or TEF/TCF for French. Your scores directly affect your eligibility and points. Even family sponsorship applicants need to show language ability later on if they apply for citizenship (but not for the sponsorship itself). In contrast, temporary residence like work permits or visitor visas generally do not require an official language test. You don’t have to take IELTS to get a work permit – the visa officer will usually assess your application based on documents and may require an interview, but no test. However, you should still have the language ability to perform the job you’re coming for; sometimes an employer might ask for an IELTS as proof of English, but it’s not an IRCC requirement for a work permit. So, in summary: if your goal is immigration to Canada for PR, expect to take a language test as part of the process. If you’re coming on a work permit or visiting, you typically won’t need to, though having good English or French skills will of course be beneficial for your success in Canada.