GCMS Notes After Visa Refusal — What to Do Next
GCMS Notes After a Visa Refusal — What to Do Next
If Immigration, Refugees and Citizenship Canada (IRCC) has refused your application, requesting your records is the first step to understanding the decision and planning your next move. This guide explains, using official IRCC information only, how to obtain your records and what options exist after a refusal. Every statement below is sourced from IRCC, with references listed at the end of the page.
Step 1 — Request your records
Your own personal information held by IRCC can be requested under the Privacy Act, which is open to Canadian citizens, permanent residents, and foreign nationals regardless of where they are located.[1] Broader records are requested under the Access to Information Act ($5.00 fee), where an applicant who is not a citizen, permanent resident, or present in Canada must use a representative who is a Canadian citizen or permanent resident, with written consent.[2][3] Requesting your full records lets you see the information IRCC holds about your application. IRCC has 30 days to respond to a formal request.[4]
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Order GCMS NotesStep 2 — Know your options (temporary residence)
For temporary residence applications — visitor visas, study permits and work permits — IRCC states that, under Canada’s Immigration and Refugee Protection Act, there is no formal process to appeal the decision.[5] Your options are:
- Re-apply — but IRCC advises you should only do so if you can include information that you did not include before.[6]
- Apply for leave and judicial review at the Federal Court of Canada, if you believe the decision was unreasonable or that there was an error in law or fairness.[5]
See the application-specific guides for visitor visa, study permit, and work permit refusals.
Other application types
The options available after a refusal depend on the type of application and decision. The steps above describe temporary residence applications. For other application types, the available next steps differ — check the guidance that applies to your specific application before deciding how to proceed.
Step 3 — Avoid repeating the same issues
If you re-apply, IRCC advises applicants to read the application guide and follow the instructions; properly complete, sign and date all forms; provide biometrics within 30 days if required; include all required documents from the checklist; and pay the correct fee using the correct method.[7] Processing can also take longer if medical or security screening takes longer than usual, if you communicate by mail instead of using an online account, or if you do not respond to requests quickly.[7]
Frequently asked questions
Can I appeal a refused temporary resident application?
No. IRCC states there is no formal process to appeal a temporary residence decision; you may re-apply with new information, or seek leave and judicial review at the Federal Court of Canada.[5]
Should I just re-apply right away?
IRCC advises you should only re-apply if you can include information that you did not include before.[6] Reviewing your records first helps you identify what to add.
How long does it take to get my records?
IRCC has 30 days to respond to a formal request, though this may be extended in certain circumstances.[4]
Official sources
All information on this page is based on official Immigration, Refugees and Citizenship Canada (IRCC) information:
- Who can make a request under the Privacy Act? — IRCC
- Who can make a request under the Access to Information Act? — IRCC
- What is the fee for an Access request? — IRCC
- How long does the Department have to respond? — IRCC
- How do I get help if my temporary residence application is refused? — IRCC
- If my immigration application is refused, do I have to wait before I apply again? — IRCC
- How can I avoid delays or refusals in processing my application? — IRCC