After a refusal, how long should I wait before applying for another type of visa?

After a refusal, how long should I wait before applying for another type of visa? - Redhead Woman with Long Wavy Hair Standing Before Residential Building

I recently applied for a Canada transit visa and was denied. The reason for the refusal was 'Purpose of visit.'

Now I want to apply for a visitor visa. How long is the normal time to wait before making another application?



Best Answer

Everything I've read from Citizenship and Immigration Canada on visa denials emphasizes that you should only apply if your situation has materially changed (e.g. see a short note on this here) - waiting does not matter. However, in your situation, it's a bit more complicated:

  • You applied for a transit visa for trip "A"
  • Immigration officer did not believe you that it was just transit (i.e. thought you were lying about the purpose of the visit), and denied the visa. Immigration officer could be wrong of course.
  • Now you're applying for a visitor visa for the exact same trip "A". If you do that, you're essentially admitting that you lied on the 1st application - and this looks very bad, and could seriously hurt your chances of ever getting into Canada.
  • However, if you're now applying for a completely unrelated trip "B", the application should in theory be evaluated on its own merits

The trick is, of course, proving that the two trips "A" and "B" are completely unrelated (that you didn't lie about the original application, and that instead you have some new need to visit Canada, completely unrelated to the previous need to transit through Canada). If the visitor visa application is soon after the transit one, it does look very suspicious... Here's what I would do (but please take with a grain of salt, I am not a lawyer by any means):

  • If it's really clear that the two trips are completely unrelated, and you have really clear documentation for both trips, and you have a very clear explanation for why the desire to visit Canada arose all of a sudden (why you only wanted to transit before but want to visit now), then go ahead and apply right now, showing all these clear explanations in your application. (E.g.: 1st application was transit via Vancouver with a ticket that clearly showed the transit route, and since the denial you've been invited to a conference in Toronto with clear evidence of that fact)

  • If the facts are not as clear, spend the money on a lawyer before you submit any other application. Lawyer may suggest appealing the 1st denial in some way, or directly addressing the open questions remaining from your 1st application in your 2nd application, or something else entirely... (And especially if you did in fact lie on your 1st application - definitely talk to a lawyer before even thinking about reapplying).




Pictures about "After a refusal, how long should I wait before applying for another type of visa?"

After a refusal, how long should I wait before applying for another type of visa? - Woman in white tank top applying cosmetic product to her hand
After a refusal, how long should I wait before applying for another type of visa? - Wild gall midge fly with long legs and translucent wings with black head crawling on flat white surface of aquarium
After a refusal, how long should I wait before applying for another type of visa? - Wild gall midge with long antennae on hairy head and translucent wings with legs crawling on white surface in aquarium



Can I apply for visa after refusal?

There is no mandatory waiting period for re-application \u2013 unless otherwise noted, you may apply again for a visa at any time after your first rejection. However, sending the same application a second time without additional information is likely to result in rejection for the same reasons as the first.

Does previous refusal affect future visa application?

Even if you have been refused with a visa in the past, if you mention the truth, you will be able to explain the visa refusal reasons behind it, and might even be able to convince the officials with new correct information and documents. In most cases, visa related information is shared between countries.

Can visa status change from refused to issued?

This \u201crefused\u201d status may change if: The applicant can demonstrate to a consular of\ufb01cer he or she is eligible for a visa; or. Information comes to the attention of the consular of\ufb01cer from other sources that resolve any outstanding issues relating to the applicant's eligibility for the visa.

How long can you apply for a UK visa after refusal?

There is no time limit for making a fresh application. So, you can reapply any time after your UK visa refusal.




Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

Images: Nurlan Tortbayev, SHVETS production, Egor Kamelev, Egor Kamelev