Reconsideration Request IRCC
Denied by IRCC? A strong reconsideration request may give your application a second chance. Let our immigration lawyers help you fight back - strategically and professionally.
What is a Reconsideration Request?
A Reconsideration Request allows individuals to request a review of an immigration decision. This request is typically submitted to Immigration, Refugees, and Citizenship Canada (IRCC) within 30 days of receiving a denial decision for various types of visa applications, such as work permits, study permits, or permanent residency applications. The purpose of the request is to ask the IRCC to reverse its denial and issue a revised decision of approval.
The reconsideration process provides an opportunity to address errors before pursuing formal appeal or judicial review options. It is important to note that a well-written and courteous request can increase the likelihood of a favourable decision. While there is no strict deadline for submitting a reconsideration request, it should be done promptly.
When Should You Submit a Reconsideration Request?
A reconsideration request to IRCC is not something to submit lightly—it is a targeted remedy best used in specific situations. Generally, you should consider submitting a reconsideration request when you believe that an immigration officer made a clear mistake or overlooked key information that was already submitted with your application. This includes errors such as refusing an application for failure to provide biometrics or a passport when in fact those documents were submitted on time. These kinds of administrative mistakes may be correctable through a straightforward reconsideration request.
You may also have grounds for reconsideration if you received a procedural fairness letter, submitted a response or documents via IRCC’s webform or portal, and were still refused despite meeting the deadline or providing everything that was requested. If you believe the officer missed the uploaded material or did not consider it properly, it may be worth asking them to revisit their decision.
In some cases, a reconsideration request may be submitted even when a response was submitted late. If you have a compelling explanation or supporting documents showing why the deadline was missed, and why it should be considered despite that, it may be worth asking the officer to reopen the matter. Officers are not obligated to accept late material, but they may be open to doing so if it is reasonable and supported by evidence.
It is important to understand that reconsideration is not meant to be a substitute for reapplying or filing a new application. If the purpose of the request is to ask the officer to re-weigh evidence, change a discretionary decision, or accept new documents that were not part of the original application, they are much less likely to engage with the request. In these cases, IRCC typically prefers that you file a new application instead of asking them to revisit a prior one.
However, there are strategic reasons to submit a reconsideration request even if you suspect it may be refused. For example, if you are applying under a unique stream—such as a rare Express Entry draw or a Provincial Nominee Program (PNP) category that has since closed—you may not have the opportunity to reapply. In that situation, submitting a reconsideration request can serve as a first step before launching an application for leave and judicial review in Federal Court. Including new evidence or clarifying factual errors can help strengthen your position should you choose to challenge the decision legally.
Because the outcome of a reconsideration request depends heavily on timing, the legal basis for the error, and the immigration pathway involved, it is highly recommended that you consult with an immigration lawyer before proceeding. At AKM Law, we assess whether a reconsideration request is the right option in your case, and if so, we help craft a compelling, fact-based submission that puts you in the strongest position possible.
How to Submit a Reconsideration Request?
If you have received a refusal from Immigration, Refugees and Citizenship Canada (IRCC) and believe the decision was made in error, you may consider submitting a reconsideration request. While this process does not guarantee a reversal, a well-crafted and factually grounded submission can lead to a positive outcome, particularly where there is evidence of a mistake or oversight by the decision-maker. Below is a step-by-step guide on how to prepare and submit an effective reconsideration request to IRCC.
1. Write a Concise and Respectful Letter
Your letter should be addressed to the appropriate IRCC officer or office that issued the refusal. Start by stating your full name, date of birth, unique client identifier (UCI), and the application number related to the refused matter. Your tone should be respectful and professional throughout, avoid accusatory language or emotional appeals. You are asking IRCC to revisit a previous decision, and courtesy goes a long way in encouraging an officer to give your request serious consideration.
2. Explain Why You Believe the Decision Was Incorrect
This is the heart of your request. Clearly and objectively outline the specific reasons why you believe the refusal was made in error. The strongest reconsideration requests are those that point to factual inaccuracies, procedural mistakes, or overlooked documentation that was included with the original application. For example, you might explain that biometrics were submitted before the deadline, but the officer refused the application citing a failure to comply. Or, you may have uploaded a required document through the portal or webform, and it was not linked properly to your file. Be as precise as possible.
Avoid using this section to simply re-argue your case or express disagreement with the officer’s discretion. Reconsideration is not meant to re-open the entire assessment; it is primarily meant to correct errors.
3. Attach Supporting Documentation
Supporting documentation is essential. You should include a copy of the refusal letter and any documents that substantiate your claim that an error occurred. For instance, if your request was refused for missing documents, include a webform confirmation email or portal submission screenshot proving you uploaded the document on time. If the refusal cites non-submission of biometrics, attach the confirmation from the Visa Application Centre (VAC). If new facts have come to light, and they are relevant and material, you may include them, but make it clear that they were not available at the time of the original application.
Every statement made in your request should be backed by evidence. If your matter may eventually go to Federal Court, it is important to build a clear documentary record from the outset.
4. Send Your Request via Webform or Email
Once you have finalized your letter and gathered all supporting documents, submit your reconsideration request through the IRCC webform for online applications, or via the email address listed in your refusal letter if applicable. Be sure to upload all documents in one submission and keep a copy of the confirmation for your records.
There is no fee for submitting a reconsideration request. However, it is strongly recommended that you act promptly, ideally within 30 days of receiving the refusal, even though there is no official deadline. Delayed requests are more likely to be ignored unless compelling reasons are provided.
What Happens After You Submit?
Once you have submitted a reconsideration request to Immigration, Refugees and Citizenship Canada (IRCC), the process becomes uncertain, and often frustrating. Unlike a regular application, IRCC is not obligated to acknowledge or respond to your request. There is no official service standard, no portal update, and no timeline by which a decision must be made. You are, in many ways, waiting in the dark.
In practice, the majority of reconsideration requests do not lead to reopened files. However, if your request is reviewed and accepted, the officer may either reassess your original application and approve it or uphold the original refusal. You will usually be notified through the same method by which the initial decision was communicated—via email, online portal, or mail.
Strategize While You Wait
Given the lack of formal process, it is essential to have a strategy in place post-submission. Here are a few approaches to consider:
Set a Follow-Up Timeline
If you do not hear back within 4 to 6 weeks, it is advisable to send a follow-up email or webform submission. Politely request an update and set out a timeline for when you would expect a response. This not only signals that you are actively monitoring your case but also helps build a paper trail.
Consider a Deadline-Based Strategy
If you plan to escalate the matter to the Federal Court of Canada through an application for leave and judicial review, having a timeline is critical. In your follow-up, you may include language that you expect a response within a certain number of days—commonly two to four weeks. If there is no reply, you can then argue before the Court that IRCC effectively refused to reconsider, justifying your right to judicial review.
Weigh Your Long-Term Options
Keep in mind that reconsideration requests can take anywhere from a few weeks to several months, and in some cases, officers may never respond. If time is of the essence—for example, your Express Entry profile is about to expire or your work permit is tied to a permanent residence application—you may need to prepare a backup plan. This could include reapplying with stronger documentation or filing a judicial review if procedural fairness was not observed.
Consult an Immigration Lawyer and AKM Law
If you are unsure whether to wait, follow up, or escalate, speaking to an immigration lawyer is key. At AKM Law, our lawyers help clients not only draft persuasive reconsideration requests but also navigate the uncertainty that follows. We ensure timelines are respected and, where necessary, step in to protect your rights through litigation.
Why Work with Our Reconsideration Request Lawyer?
Submitting a reconsideration request may seem straightforward at first glance, especially if it involves correcting an obvious administrative mistake. For example, if you submitted your biometrics or a required document and still received a refusal claiming you had not, you might feel confident preparing the request yourself, especially if you have clear evidence. But not all reconsideration requests are that simple.
In more complex cases, where a refusal could lead to serious long-term consequences, such as the loss of eligibility for permanent residence, loss of a study or work permit, or missed opportunities under a now-closed immigration stream, working with a lawyer can make a significant difference.
At AKM Law, our immigration lawyers are trained to identify when a reconsideration is likely to succeed, how to frame the request, and what legal grounds can support it. We draft well-structured submissions that:
· Use strong legal reasoning to challenge the refusal,
· Reference relevant IRCC guidelines and Federal Court jurisprudence,
· Strategically present new or overlooked evidence,
· Build a foundation in case judicial review becomes necessary, and
· Clearly convey the urgency of your situation, when applicable.
We also monitor deadlines carefully. If IRCC does not respond within a reasonable time, we are ready to escalate matters to the Federal Court of Canada, where we can argue that the refusal, or the failure to respond, is unlawful or procedurally unfair.
Not every reconsideration will lead to a reopened file. But when the stakes are high, and especially when a new application is not an option, working with an experienced lawyer gives you the best chance of success. If you believe your refusal was unfair, contact our team at AKM Law to explore whether a reconsideration request, or a broader legal strategy, is the right next step
