Canadian citizenship by descent claims can be complicated, and a refusal letter from Immigration, Refugees and Citizenship Canada (IRCC) can leave applicants unsure of where to go next.
While potentially discouraging, a refusal by itself does not need to entail the end of your citizenship journey.
IRCC may refuse applications for many reasons. The documents may leave gaps in the lineage, the application form may contain errors, or the chain of descent may break at one of the generations.
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We asked a lawyer at Cohen Immigration Law what applicants should do after a refusal, and what options they have.
What to do if you get a refusal letter
According to the lawyer, IRCC usually gives applicants a chance to respond before it makes a final decision.
That chance can come as a procedural fairness letter or a request for additional information or documents, depending on the issue.
If you receive either, respond within the deadline IRCC sets. This is your opportunity to fix a problem before it turns into a refusal, especially since IRCC tightened its documentation standards in June 2026 and now expects every generation in a descent chain to be properly documented. That means that records from each generation must come from the original issuing authority that created or keeps the record.
If you do get a refusal letter, then it should set out the basis for IRCC’s decision. According to the lawyer, though, the reasons it gives may be fairly general.
At this point, you can choose to reapply with the missing documents or stronger supporting evidence.
Whether a new application makes sense depends on whether you can now address the issues the letter raises.
For example, if the officer found a missing generational link in your chain, you would need a record for that generation before applying again.
If the letter leaves you with more questions than answers, you can request your Global Case Management System (GCMS) notes. GCMS is the system IRCC uses to process applications. These notes may contain the officer’s internal comments and give you more context on the decision.
You request GCMS notes through an Access to Information and Privacy (ATIP) request. Foreign nations (non-Canadians) can request access to their personal information held by federal government institutions under the Privacy Act.
It’s worth noting that while the timeline for a response is 30-days, this can be extended and take months to arrive.
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Can you challenge a refusal?
Yes. According to the lawyer, you can pursue reconsideration, judicial review, or both.
A reconsideration request asks IRCC to take a second look at its own decision. Applicants usually make one when they believe the officer made an error, overlooked evidence already on file, or when they have a document that directly resolves the issue.
There is no dedicated form or legislated timeline for reconsideration, and the officer is not required to reopen the file. It is done by submitting the request through the IRCC webform.
Judicial review takes the decision to the Federal Court. The court examines whether IRCC’s decision was reasonable and whether the process was fair. If the court finds a problem, it usually sends the application back to IRCC.
Under section 22.1 of the Citizenship Act, you first need the court’s permission, known as leave. You must file and serve your application for leave within 30 days after you are notified of a decision on your application. A judge can extend that time for special reasons, and you cannot appeal if the court refuses leave.
You may also pursue reconsideration and a judicial review at the same time. You do, however, need to stay mindful of the strict deadline for filing an application for judicial review.
Should you speak to a lawyer after a refusal?
| If this describes you | Your next step | Deadline to watch |
| The officer missed or misread a document you already sent | Ask IRCC to reconsider. Tell them which document it is and where it sits in your application. | The law sets no deadline for this, but your request doesn't pause the 30-day court deadline. |
| IRCC found a gap in your chain, and you can now get the missing record | Reapply with the record from the original civil registry or vital statistics office. | There's no deadline, but your new application joins a queue that now runs about 33 months. |
| You believe the decision was unreasonable or the process was unfair | Ask the Federal Court for leave to seek judicial review. | You have 30 days from the day you learn of the decision. |
| Your letter doesn't explain why IRCC refused you | Request your GCMS notes through a Privacy Act request. Anyone can file one online, including applicants in the US. | IRCC has 30 days to respond and can extend that by 30 more. Your court deadline keeps running while you wait. |
| IRCC returned your application as incomplete | Your application wasn't refused. Add what's missing and send it back. | Check the return letter for instructions. |
Having a lawyer is not a guarantee that IRCC will approve your application, but a good lawyer can spot gaps in your file, help you collect the right documentation, check your application for common errors, and in some cases request certain documents on your behalf.
If you have a more complex citizenship by descent situations, it may be worth speaking to a competent citizenship by descent lawyer.
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