Immigration Corner | Can I submit multiple applications?

Dear Mrs Powell,

I asked an agent to apply for a work permit for me over a year ago, and I haven’t received a response. Can I just forget about that application and apply for a new one through a new agent? Can I ask for the application fee to be transferred to my new application? Thanks in advance for your response.

— MB

Dear MB,

You indicated that you are using an agent. Have you approached the agent to ask him to request a status update from Immigration, Refugee and Citizenship Canada (IRCC)? The agent should be able to let you know if IRCC is currently doing background checks, and he may be able to provide a reason for the delay.

IRCC has a general policy that they avoid duplication of work and unnecessary costs when processing applications. So generally, you should only submit one application at a time, unless your case falls within one of the exceptions below. Furthermore, you should avoid duplication of your application unless there is a fundamental change in circumstances, and then you would need to provide detail explanation and provide supporting documents.

Duplication of application could cause additional delays, as IRCC will no doubt be checking the old application with the new to see if there is consistency, misrepresentation, or additional information to support your case. Most times, IRCC will hold the processing of the second application until the first application has been processed. Where an investigation is on the way, the second file will inevitably be put on hold until the first investigation is completed.

EXCEPTIONS

There are exceptions to the general rule. The first is that there are times when the file has been lost, and so IRCC may request that the application be resubmitted. This is rarely the case. However, if you have been asked by IRCC to resubmit the application, then you would not be deemed to have multiple applications, and there will be no issues with a resubmission. Hopefully your agent kept a complete copy of everything that was submitted, and the process should be simple. If more than six months have passed, you should provide updated bank statements and updated documents if the previous one has expired.

If you have moved to a different country, state or province, then sometimes it is easier to submit a new application with an explanation. This will be necessary if there are country-specific rules that you must comply with.

WITHDRAWAL AND PROCESSING FEES

If there is a fundamental change in circumstances, such as a change of employer, completion of additional studies or qualification, change in the conditions of the job offer, then you may also withdraw the previous application and resubmit a new application with detailed explanation.

It is the IRCC’s policy that application fees are non-refundable, unless the fees were collected in error, or the department has contacted you because of a lost application and request a resubmission.

Do you have a copy of your case file number? Did your agent provide you with a confirmation of submission letter? If your case does not fall into one of the exceptions above, there is no value to resubmitting your case. If the average processing time for your country has passed and your agent is unable to provide you with an update, I recommend that you do a case enquiry to ascertain the status of your file. This could save you time and money.

Deidre S. Powell is lawyer, mediator and notary public in Canada. You may request an online or telephone meeting via her website at www.deidrepowell.com, or call/WhatsApp 613.695.8777.