When you receive a letter denying a visa for your relative, it may seem like the final outcome. However, Ukrainian and Canadian law provide several ways out of this situation. Regardless of whether it was a tourist visa, a visitor visa, or even an application for permanent residence, you still have options. This article details what you can do if your relative has been refused by the Canadian immigration service through the office in Edmonton or any other location in Canada.
First step: read the refusal letter carefully and gather information
If your relative has received a rejection letter from Immigration, Refugees and Citizenship Canada (IRCC), it is not a death sentence for their immigration plans. The first necessary step is to read every word of the rejection letter carefully and thoroughly. This letter is a valuable document because it contains specific reasons why the immigration officer denied the visa.
The rejection letter usually cites general reasons, but these are often codes or standardized phrases. For example, the officer may write: “I am not satisfied that you will leave Canada at the end of your authorized period of stay” or “The purpose of your trip is not compatible with a temporary stay in Canada.” This means that the officer had some doubts about your relative's intentions to stay in Canada illegally or not return home. Or he lost faith that the reason for the visit was truly logical and reasonable.
The refusal letter also often includes your case number and the date of the decision. Write down this number, as you will need it for any further action. If the letter does not provide specific reasons for the refusal, this is a problem in itself, as the officer should have given you the opportunity to respond to his concerns. This is called procedural fairness, and if it has been violated, it may be grounds for legal action.
Step Two: Request GCMS/CAIPS records through ATIP
The second critical step is to submit a request to Access to Information and Privacy (ATIP), which will allow you to obtain what are known as GCMS (Global Case Management System) records. This is an official case entered into the immigration officer's electronic system, where he or she makes notes about your case as an electronic diary. GCMS records show the officer's specific thoughts, doubts, and factors that influenced the decision to refuse.
Unlike a refusal letter, GCMS records contain significantly more detail. They show whether the officer reviewed all your documents, what specifically concerned him, whether there were errors in understanding your documents, and what specific criteria he applied during his analysis. This is invaluable information for understanding whether a mistake was made that can be corrected.
To request GCMS records, you need to visit the ATIP website at https://atip-aiprp.apps.gc.ca/atip/. Select English or French and click “Next.” Then select “Citizenship and Immigration Canada” as the department from which you want to obtain information. You will need to fill out a form with your name, date of birth, case number (which you will find in your rejection letter), and the date you received the rejection.
The ATIP request costs only 5 Canadian dollars. IRCC is required by law to respond within 30 days, although sometimes the process can take longer. If you are not a Canadian citizen, permanent resident, or physically present in Canada, you will need to find a representative in Canada to submit this request on your behalf.
Once you receive your GCMS records, read them very carefully, possibly several times. Highlight the points where the officer indicates that they were unsure about something or where they ignored the documents you provided. These records will help you determine if a mistake was made that can be corrected.
Option 3: Submit a Reconsideration Request to IRCC
If, based on the GCMS records, you are confident that the officer made a mistake in understanding or evaluating your materials, you can submit a reconsideration request directly to IRCC. This is not the same as simply submitting a new application. A reconsideration request specifically challenges the decision-making process, rather than simply providing new information about your relative's circumstances.
A reconsideration request works best when you have clear evidence that the officer made a mistake on factual issues. For example, if the officer wrote in their notes, “I did not receive any evidence from the bank about financial stability,” but you provided bank statements in your application, this is a clear mistake. Or if the officer misunderstood your documents to mean that you are holding real estate in your home country, this is also an error that can be corrected.
You should submit a request for review as soon as possible after receiving a refusal. Although there is no official deadline, delays signal that you have made up your mind, and the officer may not want to deal with a case that will be reviewed months later. It is recommended that you submit your request within a few days or a maximum of two weeks.
The request for reconsideration is submitted via the IRCC Webform on the official IRCC website. This request should include a letter with a clear explanation of why you believe the decision was incorrect. Be specific by referring to the exact sections of your GCMS record that support your claim. For example, write: “On page 3 of the GCMS record, the officer indicates that he is unsure of my financial capabilities, however, I have provided bank statements for the last 6 months with account statements that show stability.” Then attach copies of these bank statements and other documents that confirm that the officer missed something or misunderstood something.
The tone of your letter should be professional and respectful. Do not criticize the officer or use emotional language. Instead, present the facts and evidence in a way that demonstrates why the original decision should be reviewed. There is no government fee for filing a request for review, so it is an economical option. However, success rates vary greatly depending on the strength of the evidence and the nature of the alleged error.
Option 4: Simply submit a new application with better evidence
If you believe that no error was made, or if the review was unsuccessful, it is often recommended that you simply submit a new application with much stronger evidence. Canadian law allows you to reapply without any mandatory waiting period. However, it is important to understand that simply resubmitting the same documents will lead to the same result—another rejection.
Instead, spend 2-4 weeks properly preparing a new, stronger application. Make a checklist based on the reasons for the rejection and figure out how to address each one. If the reason for the refusal was insufficient financial evidence, collect new and updated bank statements for the last six months, pay stubs, tax X-rays for three years, and letters from your employer. If the reason was doubt about your ties to your home country, gather documents about property ownership, family documents, letters about work, bank accounts showing older accounts—anything that shows you have serious reasons to return home.
The new application should include a detailed cover letter that directly addresses each point of refusal. For example, if the first point of refusal was “I am not sure you will leave Canada,” your cover letter should clearly and in detail explain the reason for your trip, how long you plan to stay, where you live at home, who you are leaving behind, what kind of work you do, and why you must return. This should not be a vague or general statement—it should be a very specific, detailed narrative.
Processing a new application takes 4 to 12 weeks after submission. However, if your relative has been refused before, the officer may be a little more critical when reviewing the new application, so all documents must be flawless. If done correctly, the success rate for a new application after a denial can be higher than 90%.
Option Five: File a petition for judicial review in Federal Court
If you are confident that the immigration officer made a serious legal, factual, or procedural error, you can file a motion for judicial review in the Federal Court of Canada. This is a more complex and expensive option, but it can correct serious errors.
It is critical to know that the deadline for filing this motion is very strict. If the refusal decision was made in Canada (for example, in Edmonton), you only have 15 days from the date of receipt of the refusal letter to file the motion. If the decision was made outside of Canada (for example, at your local embassy in Ukraine), you have 60 days. Exceeding these deadlines will result in the court dismissing your case without consideration, and you will no longer be able to appeal the decision.
Only licensed Canadian immigration lawyers can file a court hearing—an ordinary person cannot file it on their own. Therefore, you need to contact a lawyer immediately if you are even considering this option. The court hearing application costs $50 CAD as a reapplication fee, but the lawyer's fee will be significantly higher — typically between $1,500 and $5,000+, depending on the complexity of the case.
It is important to understand that the Federal Court will not issue the documents you are missing. The court can only order IRCC to reconsider your application. A judicial review checks whether the officer followed the law and fair procedures, not whether your relative actually met the criteria for a visa.
A judicial review is appropriate when: the officer ignored key evidence, the decision was unclear or unfair, or you were denied natural justice. For example, if the officer did not review the documents you provided at all, that would be a good reason for a judicial review. Or if the officer required you to provide a document but did not give you a chance to do so before issuing a denial, that would also be a valid reason.
The judicial review process is complex and usually takes a long time. First, the lawyer submits an “Application for Leave” (request for permission). The court decides whether the case should even be considered. If permission is granted, the court issues a written response from IRCC, then a hearing is held, which must take place within 30-90 days after permission is granted. This process can take several months or even longer.
Understanding the most common reasons for refusal
To better plan your next strategy, it is important to understand why officers most often refuse visas. The most common reason for refusing a tourist visa is that the officer is not sure that your relative will leave Canada at the end of their authorized stay. This is the officer's main focus when reviewing a tourist visa—to make sure that the person really plans to return home.
About 75% of all tourist visa refusals are related to insufficient ties to the home country. The officer wants to know if your relative has a job, owns real estate, has family members who depend on them, or is involved in community organizations. If the officer believes that nothing is keeping the person in their home country, they may think that the person will want to stay in Canada.
About 60% of all tourist visa refusals are due to insufficient financial evidence. The officer wants to make sure that your relative has enough money not only for round-trip tickets, but also for all expenses during their stay in Canada. If the person cannot show a stable income, bank accounts, or sponsors who can cover the expenses, the officer may refuse.
Another common reason is an unclear purpose of travel. If your relative has not written in detail why they are going to Canada, how long they plan to stay, where they will live, and what they will do, the officer may suspect that the real purpose is being concealed. For example, if it simply says “visiting” without specifying who they are visiting and where, the officer may interpret this as possible employment.
Other reasons include: incomplete or incorrect applications, health or safety concerns, previous visa refusals, or overstaying the validity of another visa. When Edmonton, Alberta receives an application, the officer pays particular attention to employment documents, as many people try to come to Canada on a tourist visa and then stay to work.
Planning Time and Deadlines
If your relative has been denied a visa in Edmonton, it is important to understand the different deadlines for each option. If you choose a judicial review, the deadline is 15 days if the decision was made in Canada. If you choose to request a review, there is no official deadline, but it should be submitted within days or weeks. GCMS records take up to 30 days to process.
A new application takes 4-12 weeks to process. If you want permission from the court, the process from filing to hearing can take three to six months or more.
Professional help: when to seek a lawyer
In some cases, it is worth hiring a licensed immigration lawyer. If the decision involved serious legal, factual, or procedural errors, a lawyer can help you file a judicial review. If you need help interpreting GCMS records, an attorney can also point out errors that you might have missed.
However, for a simple new application, you don't necessarily need an attorney. If you have the time and energy to organize your evidence and write a detailed cover letter, you can do it yourself. The cost of hiring a lawyer for the entire case can be significant, ranging from $1,500 to $5,000+.## Conclusion: You still have optionsIf your relative has been denied a visa, it is not the end of the road. Depending on the reasons for the denial and your financial and time constraints, you have several options. First, obtain the GCMS records to understand exactly why the officer denied the visa. Second, file a request for reconsideration if there is an apparent error. Third, consider submitting a new application with much better evidence. Fourth, if there is a legal error, file a judicial review, but remember that there is a 15-day deadline.Most importantly, don't give up after one refusal. Thousands of people have been refused and then successfully obtained visas after proper preparation. Your relative could be next if you analyze the reasons correctly, gather better evidence, and submit a stronger application.