Our ServicesIt’s painful when you see that your work permit has been refused, and it looks like you have nothing to do about it. But, if your work permit is refused, it is not the end of the world. The immigration officers who review your applications are not perfect, so they can make a mistake which can come as an oversight.
This often happens because of the number of applications these immigration officers review all the time; it’s normal that they make such mistakes because of the many applications they review. Because of this, an arrangement was made for the request for reconsideration so that people don’t have to apply again for work permits or similar applications; instead, all they have to do is request reconsideration. But how do you request reconsideration when your work permit is rejected? That’s what this blog will answer.
Before we look at how to apply for a request for reconsideration, let’s see what request reconsideration means.
What is a Request For Reconsideration
Simply put, a request for reconsideration is a letter or request sent to the immigration officers who review your work permit application to reconsider their decision based on factors they did not consider or a mistake they might have made. This request is informal and mostly accompanied by evidence that will support your arguments, which the immigration officer didn’t give attention to.
A request for reconsideration is the simplest and easiest way to approve your work permit application after a denial because other processes like judicial review, which will go through the Courts, can take more time and are costly.
It is essential to note that a request for reconsideration is not applicable when your work permit application is rejected based on sound and valid reasons.
If your work permit application is rejected for valid reasons, the immigration officers won’t overturn their decisions because you requested reconsideration. However, they will still have it rejected. In such circumstances, what you need to do is apply again, not requesting for reconsideration.
Having seen what a request for reconsideration means, how do you prepare it so it won’t be rejected? Read on to find out.
How to Prepare a Request for Reconsideration
While there is no fixed step-by-step method to prepare a request for reconsideration, the following is what you should do if you have your work permit application rejected and want it to be reconsidered.
Review the Error: If your work permit is refused, try to gather and organize all the submitted application files and review the error to see why your application was rejected. Doing this will also help you see the files submitted to the immigration officers if any files were missing. If you use someone else to prepare these files, request the person to go through and review the file and check for any errors the immigration officers must have made.
Request for Notes: The second thing to do is to see if you will request the notes of the immigration officer. These notes help to detail why your work permit application was refused. Depending on the officer, some may not provide much information on why your work permit was refused. One major problem with requesting a note from the immigration officers is that it takes 30-90 days to receive the notes. So the delay in receiving the notes is a factor when requesting it; you can proceed with requesting reconsideration without receiving the notes.
It’s important to note that only a Canadian citizen, a permanent citizen, or someone physically present can request a note. People outside the country can use a representative like a lawyer who will request the note with your written consent.
Draft Your Reconsideration Request: The third step is to write your request for reconsideration. When doing this, it’s good you write it in a way that will make the immigration officers approve it.
- Be open and plain regarding your request. The officer should immediately know why you’re writing to them and what you want from the reconsideration request.
- State the error or mistake the officer must have made. Did he miss any facts you included? Let him know about it. This might even be a legal error that he must have missed. State it clearly in your request.
- Provide any new information or evidence not available when submitting your initial application. However, in most cases, you need to make a new application.
- Mention any compelling reasons that will make your request be considered. This mostly should be reasons beyond your control, not invalid reasons that resulted from your mistake or carelessness.
Submit Your Request: The last step is to submit your application through email or other means. In most cases, you shouldn’t expect an acknowledgment that your request has been received. If, as mentioned above, you meet all the requirements and your circumstances are justified, your work permit reconsideration request will be approved.
Getting approval for your reconsideration is not easy, especially when the reasons for rejection are not obvious. That’s why using the help of experienced immigration lawyers will only make the process easier, and you will also have a higher chance of having your work permit approved.
Kurzfeld Law Office of Immigration has over 20 years of experience helping people who have their work permits refused to get approval. In addition, they have experts who can draft your reconsideration request in an appealing way that will make the immigration officers approve it.
If you need assistance with your reconsideration request, contact us at 647-792-8824.
