Understanding JR Post-Settlement/Decision Procedures: Navigating the Application Reopening Process and Delays
Introduction
In our previous blog post, we discussed the options available to applicants whose visa applications have been refused, including applying for leave and judicial review (ALJR) with the Federal Court of Canada. We have also highlighted how a favorable judicial review can lead to the reversal of visa refusals and the subsequent reopening of applications, be it for a Temporary Resident Visa (TRV), work permit, or study permit.
Today's blog post delves into the next steps following a successful judicial review, whether through settlement or a court-mandated reversal of a visa refusal. We will outline the crucial framework and guidelines to navigate this phase, ensuring you're well-prepared for what comes after a favorable settlement or a hard-won court order.
What happens to my application after the refusal is set aside?
The standard JR settlement or order terms in a successful application for leave and judicial review usually amount to IRCC setting aside the refusal decision and reopening your application for redetermination by another officer. This has several consequences, namely, it “erases” your refusal, but this reopening of your file brings with it several critical advantages that can significantly impact the outcome of your application.
Bye-Bye Refusal! – erasure of your initial visa refusal
The first advantage consists of the erasure of your visa refusal from your IRCC records. As the Court order or the settlement terms mandate the overturning of your refusal, the latter becomes inoperable and does not have any concrete effects.
For example, within your online IRCC portal, the status of your application will shift from "refused" to "in process." This significant change not only revitalizes your chances but also eliminates any potential negative impact that a past visa refusal could have on future applications, whether in Canada or elsewhere. Removing such a refusal from your record can substantially improve your prospects when applying for visas to other countries, ensuring that your application is assessed without the shadow of previous rejections.
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Hello Second Chance! – opportunity to submit new documentation
In addition to your refusal being set aside and your file being reopened for redetermination, you will normally get the chance to submit new documentation in support of your initial application on the IRCC portal.
Upon this reopening, you'll typically be notified through the IRCC portal with a letter explicitly inviting you to provide any supplementary documents that could support your visa application. It's crucial to meticulously review the contents of this letter, as it may include requests for specific documents or forms necessary for the reassessment of your application.
This chance to augment your application with additional supporting documents is crucial. Armed with insights into the initial concerns regarding your file, you now have a strategic advantage to address and rectify any issues or misunderstandings that previously hindered your application. Leveraging this opportunity effectively can significantly increase your chances of success without needing to submit a whole new application, ensuring a more favorable outcome in your visa application process.
The Waiting Game: What delays the redetermination of your file?
After the conclusion of a settlement or a court order, IRCC tends to revisit files in an average timeframe of one to four months. However, it's not uncommon for applicants to experience longer waiting times, which might create the impression that their case has been overlooked.
In such scenarios, taking a proactive stance can significantly help. If a considerable amount of time has elapsed with no update on your file, reaching out to the embassy responsible for processing your application could be a strategic move. By furnishing proof of the settlement or court order, you can utilize IRCC’s web form to request the expedited reopening of your file, thus mitigating any further delays that could adversely affect your case.
Conclusion: Successfully Navigating the Aftermath of Judicial Review
A favorable outcome from an ALJR can significantly boost your journey toward obtaining a Canadian visa. That said, understanding the subsequent steps is just as critical as the ALJR itself. At Canadian Future, our expertise in the judicial review process equips us with the insights and strategies necessary to enhance our clients' chances of visa approval.
Whether you're dealing with a recent refusal or have successfully overturned a decision yet feel unsure about the next steps, we're here to guide you. By scheduling a consultation with Canadian Future, you gain access to dedicated support designed to restart your visa application process on the strongest footing. Let us help you navigate the complexities of your Canadian visa application, ensuring your path to a Canadian Future is clear and successful.
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No responsibility is assumed for any reliance on the information contained herein, and Canadian Future disclaims all liability for such information. This site may not reflect the most current legal developments; therefore, the information here should not be used as a substitute for legal advice from a licensed professional attorney in your jurisdiction.
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