Refusal vs. Rejection

Q70) What is the difference between Application ‘Refusal’ and ‘Rejection’?

Rejection:

Rejection = Returned Unprocessed

In Immigration terms, Rejection simply means application:

  • was incomplete (i.e. failed completeness check and was deemed "incomplete"
  • was received before the program re-opened.
  • was received when program was full.

Word "Rejected" is not used in its traditional sense here. When we say rejected, we are often referring to the application being processed in its entirety and subsequently rejected. That is not how Immigration perceive it. It means the application was submitted as incomplete. "A full review of your application was not completed".

Refund:

  • In such cases, fees is refunded, except for biometrics fees. If delayed, you may need to submit refund request.

Refusal:

Refusal = Application Processed and Visa Refused

In Immigration terms, Refusal simply means application was accepted as complete (i.e. passed completeness check) and was refused after negative evaluation.

Word "Rejected" is used in its traditional sense here. When we say rejected, it means the application was submitted as complete, "A full review of your application was completed" and was later refused due to number of reasons.

Refund:

In most cases, NO! Your application fees can’t be refunded once IRCC start processing your application, however there are some exceptions. When an application is refused or withdrawn, IRCC will refund:

  • the right of permanent residence fee (RPRF)
  • the right of citizenship fee
  • the open work permit fee (for Labor Market Impact Assessment (LMIA) exempt workers only)
  • the employer compliance fee (refunded to the employer), and
  • International Experience Canada (IEC) fees (See refunds for IEC).

Q74) Do you get refused straight away if relationship is not considered genuine by IRCC?

No. Unless misrepresentation is involved, Visa Officer must follow Procedural Fairness rules throughout the decision-making process. In simple words, it's your last chance to save your immigration case.

Procedural fairness requires that applicants:

  • be provided with a fair and unbiased assessment of their application
  • be informed of the decision-maker’s concerns and
  • have a meaningful opportunity to provide a response to concerns about their application

The requirement for procedural fairness applies to all types of immigration and citizenship applications and all aspects of decision-making.

You are either sent "Interview" request or Procedural Fairness Letter (PFL) where Immigration Officer will address their concerns and allow you an opportunity to respond to those concerns.