Read the refusal letter first — the reason determines your options. Family class applicants can appeal to the IAD within 30 days. Express Entry applicants have no appeal right — options are Federal Court judicial review (15-day deadline) or reapplying with a stronger application. Do not reapply with the same documents.
A PR refusal letter from IRCC is serious, but it is not the end of your immigration journey. The right response depends entirely on which program you applied under and why IRCC refused you. Acting on the wrong option — or missing a deadline — can permanently close doors.
This guide explains every option available to you and exactly what to do in the first 30 days after receiving a refusal.
The refusal letter is the most important document you will receive. It states the legal basis for the refusal and determines which options are available to you. Do not skim it. Read every line.
| Program | Appeal Right? | Deadline | Best First Step |
|---|---|---|---|
| Spousal/Family class (in-Canada) | Yes — IAD appeal | 30 days | File IAD appeal immediately |
| Spousal/Family class (overseas) | Yes — IAD appeal | 30 days | File IAD appeal immediately |
| Express Entry (FSW, CEC, FST) | No appeal right | 15 days (Federal Court) | Consult immigration lawyer |
| Provincial Nominee Program (PNP) | No federal appeal | — | Contact province, then reapply |
| Refugee / Humanitarian | Refugee Appeal Division | 15 days | Consult immigration lawyer |
If you applied under the family class (sponsoring a spouse, partner, parent, or child), you have the right to appeal to the Immigration Appeal Division of the Immigration and Refugee Board. This is a full hearing where you can present new evidence.
Download and complete the IAD Notice of Appeal form from irb-cisr.gc.ca. File it within 30 days of the refusal date. Missing this deadline means you lose the right to appeal entirely — there is no extension available. Filing the notice costs nothing and does not require a lawyer, though having one helps.
The most common reason for family class refusals is that the officer was not satisfied the relationship is genuine. For your appeal hearing, gather: joint bank account statements, lease agreements, shared bills, photos (with dates and locations), travel records showing visits, communication logs (screenshots of messages over time), and statutory declarations from people who know you as a couple.
IAD hearing wait times are currently 12–24 months from filing. You and your sponsor will both testify. The IAD member can consider humanitarian and compassionate factors in addition to the legal question. Success rates for well-prepared IAD appeals with new evidence are significant — this option is worth pursuing.
For Express Entry and other economic class refusals, Federal Court judicial review is the only legal challenge option. This is not a rehearing of your case — it reviews whether the officer made a legal error in their decision.
15 days from the refusal date for decisions made inside Canada. 60 days for decisions made outside Canada. You must file an Application for Leave and Judicial Review at Federal Court. Missing this deadline permanently forecloses this option. Consult an immigration lawyer immediately after receiving a refusal.
Judicial review is expensive (lawyer fees typically $5,000–$15,000+) and has a relatively low leave grant rate. It is most worth pursuing when the officer made a clear procedural error, ignored evidence, or applied the wrong legal test.
For most people, reapplying is the most practical path — especially when the refusal was due to missing documents, a curable problem, or a low CRS score (for Express Entry).
Do not reapply until you have directly addressed the reason for refusal. If the officer cited missing documents — gather them. If your relationship was questioned — build a much stronger evidence package. Submitting the same application again will result in the same outcome.
All IRCC applications ask whether you have previously been refused immigration to Canada. Answer yes and provide details. Failing to disclose a prior refusal constitutes misrepresentation — a much more serious problem that results in a 5-year ban. The refusal itself does not ban you; hiding it does.
Include a detailed cover letter in your new application that directly addresses why the previous application was refused and what you have done to rectify the issue. Officers review prior refusals — demonstrating you understand the problem and have fixed it signals a stronger application.
| Refusal Reason | Program | Fix |
|---|---|---|
| Relationship not genuine | Family class | Appeal IAD + submit extensive new evidence of cohabitation, finances, communication |
| Missing or insufficient documents | All programs | Gather complete documents, reapply |
| NOC code mismatch | Express Entry | Reclassify your work history under correct NOC, reapply |
| Medical inadmissibility | All programs | Seek medical treatment, apply for Temporary Resident Permit or reapply when condition resolved |
| Criminal inadmissibility | All programs | Apply for Criminal Rehabilitation (5 years after sentence completed) |
| Misrepresentation (s.40) | All programs | 5-year ban — wait out the ban, then reapply with full disclosure |
Reapplying immediately without fixing the problem. IRCC officers can see your application history. Submitting the same application that was already refused wastes your money and time, and signals you did not understand why you were refused.
Missing the appeal or judicial review deadline. IAD: 30 days. Federal Court: 15 days. These deadlines are absolute. If you think you might want to appeal, file the notice first, then decide — you can withdraw later. You cannot file after the deadline has passed.
Not disclosing the prior refusal in a new application. Every IRCC application asks about previous refusals. Always answer honestly. Misrepresentation by omission is treated as severely as active fraud and carries a 5-year application ban.
Step-by-step guides for every stage of the Canadian permanent residence process.
Browse All GuidesAppeal deadlines and program information sourced from IRCC official website and Immigration and Refugee Protection Act (IRPA), May 2026. Always verify current rules at canada.ca. This guide is for informational purposes only and does not constitute legal advice. Consult a Regulated Canadian Immigration Consultant (RCIC) or immigration lawyer for advice specific to your situation.