An application that IRCC returns as incomplete has not been refused, but in legal terms it was never properly made. Under s. 12 of the Immigration and Refugee Protection Regulations, if an application does not meet the requirements of ss. 10 and 11, it is returned with the documents submitted in support of it. The most serious consequence is usually not the delay. It is that the filing date does not count, which can affect your status in Canada, a deadline, or a place in a limited intake.
Key Takeaways
- A returned application is not a refusal and generally does not create a refusal record.
- It is treated as not having been made, so any benefit tied to the filing date is lost.
- If you applied to extend your status and the application is returned after your status expired, you may be out of status.
- The formal requirements are in IRPR s. 10: the right form, a signature, required information and documents, proof of fee payment, and full family and representative information.
- Act immediately: check your status expiry date, fix the defect, and resubmit a complete application.
What makes an application “complete”?
Section 10(1) of the Regulations requires that an application:
- be made in writing using the form provided by the Department, if there is one;
- be signed by the applicant;
- include all information and documents required by the Regulations, and any other evidence required by the Act;
- be accompanied by evidence of payment of the applicable fee; and
- where there is an accompanying spouse or common-law partner, identify who is the principal applicant.
Section 10(2) adds required content, unless the Regulations provide otherwise. The application must contain the name, date of birth, address, nationality, and immigration status of the applicant and of all family members, whether accompanying or not; state what is being applied for and under which class; identify any representative, including the membership number of a paid representative; and include a declaration that the information is complete and accurate.
On top of these general rules, each program has its own required documents, usually listed on the program’s document checklist. An online portal that accepts an upload is not confirming that the application is complete.
Common reasons applications come back
In our experience, returns usually trace back to one of a small number of problems:
- A missing or wrong signature, including a form signed by the wrong person or a typed name where a signature was required.
- An outdated form version. IRCC updates forms regularly.
- A missing required document from the program checklist.
- Fee problems, such as no proof of payment or the wrong fee.
- Incomplete family information. Section 10(2)(a) requires family members to be listed whether or not they are accompanying.
- Missing representative information, including the representative’s membership number where they are paid.
What does a return do to your status?
This is where a return turns from an inconvenience into a legal problem.
Maintained status. A temporary resident who applies to extend their stay before their current status expires can generally remain in Canada under the same conditions while the application is decided. That protection depends on an application having been made. If the application is returned as incomplete, the protection may not apply, and if your original status has already expired, you may be without status from the expiry date. See our article on maintained status.
Restoration. A person who has lost temporary resident status may be able to apply to restore it within 90 days, subject to conditions. If a return leaves you out of status, the restoration clock may already be running. See our guide to restoration of status and the 90-day rule.
Work and study. If your maintained status is uncertain, get advice before continuing to work or study.
Dates that lock in. A number of programs attach consequences to the date an application is received, such as intake caps, time-limited invitations to apply, and in some cases the age of dependent children. A returned application does not hold that date.
What to do this week
- Read the return letter carefully. It should identify what was missing or deficient.
- Check your status today. Write down the expiry date of your current permit or status.
- If you are still in status, resubmit immediately with a complete package, using the current form versions and checklist.
- If your status has expired, consider restoration within the 90-day window, and do not assume you can keep working or studying.
- If you believe the return was wrong, get advice quickly. A return can sometimes be challenged, and Federal Court deadlines are short. See our overview of challenging an immigration decision in Federal Court.
How to avoid a return
- Use the current checklist and forms for the specific program, downloaded when you file.
- Have every person who must sign, sign.
- List every family member the form asks for, accompanying or not.
- Keep proof of fee payment with the application.
- Before you submit, have someone other than the preparer check the package against the checklist, item by item.
- File well before your status expires, so there is time to fix and resubmit if something is returned.
FAQ
Is a returned application the same as a refusal?
No. A return means the application did not meet the formal requirements and was not processed. It is not a decision on the merits.
Will IRCC tell me what was missing?
The return letter should indicate the deficiency. Read it carefully, because resubmitting with the same defect will produce the same result.
I applied for a work permit extension and it was returned after my permit expired. Can I keep working?
You may not have maintained status. Get advice immediately, and consider whether restoration is available within 90 days of losing status.
Can I just resend the same application with the missing document?
Generally you need to submit a new, complete application with current forms and fees, rather than adding to the returned one. Check the return letter and current program instructions.
Ask us about your matter
Tell us where your file stands and we will reply within two business days. Please do not send documents or identification numbers in this first message.
Disclaimer: This article is for general information only and is not legal advice. Immigration law and IRCC/ESDC policy change frequently, and every case turns on its own facts. Reading this article does not create a lawyer–client relationship. Obtain advice tailored to your situation before you act.
Talk to a Canadian immigration lawyer. BridgePoint Law advises individuals and businesses across Canada — and on Canada–US–China cross-border matters — on temporary and permanent residence applications. Book a consultation with our team in Toronto and Kingston. We work in English, Mandarin, and Cantonese.
