Getting a refusal for your application under the Alberta Advantage Immigration Program (AAIP) can be discouraging, but it is important to act promptly and wisely after a refusal. This article will discuss all the possible next steps, including how to ask for a reconsideration and what other options may be available to you. 

 

1. Understand the Reasons for Refusal

Once your application is refused, you will receive an email with a decision letter outlining the reasons for refusal. Make sure you read this letter carefully, as the reasons on the letter will determine whether or not you can ask for a reconsideration. Some common issues are lack of documentation, failure to meet eligibility criteria, and administrative errors. 

 

2. Determine Whether You Are Eligible for Reconsideration

A reconsideration can only be requested if:  

- the request is directly addressing the refusal reasons set out in the decision letter;  
- you can demonstrate that there is an error in respects to the application of the program criteria (a suitable example would be the officer misinterpreted your work experience or financial documents);  
- the request is made by you (the applicant) or your authorized representative; and   
- It is filed within 30 calendar days of the decision letter issuance.  

A reconsideration cannot be used to:  

- introduce new evidence or re-argue your case,  
- ask for exemptions, exceptions, or Humanitarian and Compassionate consideration, or  
- simply because you are unhappy with the outcome of the decision.  

 

3. Proceed with the Reconsideration Request

If you are eligible, perform the following steps:
  
- Visit the AAIP Portal for the Create New Request feature.  
- Pay the $250: Instructions are available in the portal. Payment must be made within 24 hours of submission, or the request will be canceled.  
- Confirm Payment: Go to the Check Existing Requests page. "Submitted" means that your request is accepted; "Payment Pending" means payment was due.  

N.B.: The fee will only be refunded if the refusal is overturned; no other refunds apply. 

 

4. Wait for the Review of Reconsideration 

- A different AAIP officer, not involved in the original decision, will review your case.  
- This review only looks into whether an error occurred in applying the program criteria.  
- You will get a decision by email within 30 calendar days of submission.  

Important: Your application will not be guaranteed for reassessment or approval if reconsideration is granted.  

5. If Reconsideration Fails: Explore Alternatives  

If the request is refused or you do not qualify for reconsideration:  
- AAIP Criteria: Check on official page for program updates or new changes you may qualify under.  
- Re-apply: Make sure that all previous refusal reasons are addressed, and ensure compliance with all current eligibility requirements.  
- Consult an Immigration Professional: A lawyer or consultant will help identify gaps and build the strength of a new application.  

Key Tips

- Deadlines: The 30-day window and 24-hour payment period are strict.  
- Focus: Reconsideration application must only be based on the refusal grounds, and any irrelevant argument should not be part of it. 
- Avoid New Evidence: New documents submitted or making new arguments will be rejected.   

 

An AAIP refusal is hard-hitting, but it can be reversed by a well-prepared reconsideration appeal or reapplication. Always start with understanding the reasons for refusal, follow the guidelines strictly, and seek for professional advice if necessary. You can go around this setback by staying informed and proactive.

 

Disclaimer: Please note that Canadian immigration laws and regulations are subject to change. The information provided in this article is intended for general guidance and may not reflect the most current legal developments at the time of your application. We strongly recommend consulting official government resources or seeking advice from a qualified legal professional before making any decisions or taking action based on the content of this article.

For personalized legal guidance, please email us me info@bnborderless.ca or visit our website to book a consultation.

 

Source: Receiving a Decision on your AAIP Application