Call

Permanent residence refusals and problems: a lawyer in Brampton

Updated

The short answer

Manny Hundal acts when a permanent residence application is refused, when IRCC sends a procedural fairness letter (a letter from IRCC explaining a concern and giving you a chance to answer before it decides) doubting your work experience, or when you are accused of misrepresentation. He also acts when PR status you already hold is at risk from a residency obligation finding or an inadmissibility report. Economic PR refusals generally have no tribunal appeal, but Federal Court judicial review may be possible. Residency obligation and removal order decisions can often be appealed to the Immigration Appeal Division.

When you need a lawyer

Many people file Express Entry and provincial nominee applications themselves or with a licensed consultant. A lawyer is worth calling when the application, or your PR status, is in trouble:

  • Your permanent residence application was refused
  • IRCC sent a procedural fairness letter doubting your work experience, reference letters, job offer or language results
  • The officer alleges misrepresentation, such as an inflated CRS claim, an undisclosed refusal or an undeclared family member
  • You are a permanent resident and an officer says you have not met the residency obligation of 730 days in five years
  • You are a permanent resident facing a criminal charge, an inadmissibility report or an admissibility hearing
  • A removal order has been made against you
  • You do not fit any program but have strong humanitarian reasons to stay

How Manny helps

Manny Hundal is a Barrister & Solicitor, called to the Ontario Bar in 2013. His practice is focused on immigration law. When a permanent residence file goes wrong he can:

  • Review the refusal. He reads the refusal and your GCMS notes and explains which routes are open and the deadlines.
  • Respond to procedural fairness letters, with evidence that your experience matches the occupation you claimed.
  • Defend against misrepresentation allegations. A finding means a five-year bar, during which you cannot apply for permanent residence.
  • Federal Court judicial review. Economic PR refusals generally have no appeal to the Immigration Appeal Division (IAD). Judicial review may be possible, and he files the leave application and argues the case. See Federal Court judicial review.
  • Residency obligation appeals. A permanent resident found outside Canada not to meet the residency obligation can appeal to the IAD, which can consider humanitarian and compassionate factors. See residency obligation appeals.
  • Admissibility hearings and removal order appeals. He represents permanent residents at the Immigration Division and on appeal to the IAD where an appeal is available. See inadmissibility and removal order appeals.
  • H&C applications, where no program fits. See humanitarian and compassionate.

Consultations are available in English, Punjabi and Hindi at the chambers in downtown Brampton. No lawyer can promise a result. This page is general information, not legal advice about your situation.

Deadlines

  • Judicial review (IRPA section 72)

    15 days for a decision made in Canada, 60 days for one made outside Canada.

  • IAD appeals (rule 16 of the IAD Rules, 2022)

    the notice of appeal must reach the IAD within 60 days after you receive a residency obligation decision and its written reasons, or within 30 days after you receive a removal order (unless the appeal is filed at the end of the admissibility hearing).

  • Procedural fairness letters

    the letter sets the deadline.

Who this is for

This page is for people whose economic permanent residence application has been refused or questioned, and for permanent residents whose status is at risk. Family routes are covered under spousal sponsorship and sponsorship appeals.

The main economic routes are:

  • Express Entry,

    which manages the Canadian Experience Class, the Federal Skilled Worker Program and the Federal Skilled Trades Program

  • Provincial nominee programs

    In Ontario, Ontario’s page updated July 14, 2026 says the new Ontario Workforce Priority stream has launched and all other OINP streams are closed. Applications filed under the old streams are assessed under the rules in place when they were filed.

How it works

  1. Profile. You enter the Express Entry pool and receive a Comprehensive Ranking System (CRS) score.
  2. Invitation. IRCC holds general, program-specific and category-based rounds.
  3. Application. You have 60 days after an invitation to submit a complete application.
  4. Checks. Medical exam, biometrics and background checks.
  5. Confirmation of permanent residence and landing.

IRCC has announced CRS changes taking effect November 3, 2026, including a new labour market factor that awards points for Canadian work experience or a qualifying job offer in a high-wage occupation, whichever scores higher. Invitation rounds pause while profiles are recalculated, which may take up to two weeks.

Keeping PR status

A permanent resident must be physically present in Canada, or in another situation the law allows, for at least 730 days in every five-year period (IRPA section 28). An officer can find that humanitarian and compassionate considerations justify keeping status despite a breach.

Documents you'll typically need

Timelines

Processing times and fees change often, so this page does not quote them. Check the IRCC processing times tool and the IRCC fee list. If your temporary status will expire during processing, a bridging open work permit may be available to some applicants.

Common reasons PR applications are refused

  • Work experience that does not match the occupation claimed
  • Inflated or unsupported CRS claims, which can be treated as misrepresentation
  • Expired documents such as language tests or police certificates
  • Undeclared family members
  • Inadmissibility for criminal, medical or past immigration reasons
  • Unauthorized work counted toward Canadian experience

Frequently asked questions

Read the refusal letter and, if needed, request your GCMS notes. Economic class refusals, such as Express Entry refusals, generally have no appeal to the Immigration Appeal Division. Your options are usually a new application that fixes the problem, or judicial review at the Federal Court, within 15 days for decisions made in Canada and 60 days for decisions made outside Canada. If the refusal involves misrepresentation, you may be barred from applying again for five years, which makes a court challenge more important to consider. Get advice early, because the court deadline runs while you wait for notes.

Possibly. A permanent resident must meet the residency obligation of 730 days in every five-year period. If an officer outside Canada decides you did not, you can appeal to the Immigration Appeal Division. The IAD can consider whether the decision was legally correct and whether humanitarian and compassionate factors justify keeping your status, such as your ties to Canada, your reasons for being away and the best interests of any child affected. Do not give up your PR status or sign anything at a visa office or the border before getting advice. See residency obligation appeals.

You do not pick one program when you create a profile. IRCC checks which programs you meet, and you can be eligible for more than one. The Canadian Experience Class generally suits people with at least one year of skilled work experience in Canada in the last three years. The Federal Skilled Worker Program suits people who meet its points grid and have settlement funds. The Federal Skilled Trades Program needs a trade qualification or a job offer in a skilled trade.

From November 3, 2026, the CRS gives points under a new labour market factor, either for Canadian work experience or for a qualifying job offer in a high-wage occupation, whichever scores higher. Job offer points return, and an LMIA will no longer be needed for a qualifying offer. IRCC will recalculate existing profiles and pause invitations during that time. Confirm the point values on IRCC’s page.

Only one stream is open. Ontario’s page, updated July 14, 2026, says the new Ontario Workforce Priority stream has launched and all other OINP streams are closed. Applications filed under the old streams before they closed are still assessed under the old rules.

Yes. Your spouse or common-law partner and dependent children can be included. You must declare all family members, even those not coming with you, and they usually need medical exams. A family member who is not declared and examined may not be sponsorable later.

You may be able to extend your current permit, apply for a different temporary permit, or, once you have submitted a complete permanent residence application, apply for a bridging open work permit if you are eligible. Apply before your current status expires, so you keep maintained status.

Yes. If IRCC finds that you misrepresented or withheld a material fact, you can be inadmissible for five years, and an existing application will be refused. This includes false reference letters, undisclosed refusals and undeclared family members, even if someone else prepared the document. If you receive a procedural fairness letter raising misrepresentation, respond fully and on time. If misrepresentation is found, judicial review at the Federal Court may be available.

This page is general information, not legal advice about your situation.

Sources

Book a consultationCall office