URGENT: Study permit refusal (returning student)

[goodfella]

Hi
I had moved to Canada for an associates program at a college in Vancouver in 2014 , after spending about 2 and a half years over there, i came back to India to see my family without a valid TRV (temporary resident visa). I tried to get a TRV in India, but they denied it even when i had a valid study permit for another 6 months. I was in my last few semesters when i came back.

As my permit had expired in the coming months, i had to apply for a new study permit which got refused twice. The first time i didn't appear for a new IELTS exam but the second time i did and used a representative, but it got refused again as unfortunately, the embassy said they didn't receive my IELTS and other educational documents. They did not mention it in the refusal letter or did not even ask for them through email, but i found that out from the CAIPS notes(the actual visa file). Hence, i have applied again now to a non SPP college because my previous college won't accept me as i had been on probation from the last couple of semesters. It has been about 7 weeks since i applied and still no response on my cic account.

I returned home in October 2016 and have been struggling with getting an approval since then. I believe i have not violated any law my visiting my family without a TRV and their must be some way to convince the embassy to let me continue my diploma.

Is there any way i can hire a lawyer to appeal for a fair trial of my case? If anyone out there has any advice to help me get an approval, i would really appreciate it.

Thanks a lot for taking the time to going through my visa situation.

 

[scylla]

Hi
I had moved to Canada for an associates program at a college in Vancouver in 2014 , after spending about 2 and a half years over there, i came back to India to see my family without a valid TRV (temporary resident visa). I tried to get a TRV in India, but they denied it even when i had a valid study permit for another 6 months. I was in my last few semesters when i came back.

As my permit had expired in the coming months, i had to apply for a new study permit which got refused twice. The first time i didn't appear for a new IELTS exam but the second time i did and used a representative, but it got refused again as unfortunately, the embassy said they didn't receive my IELTS and other educational documents. They did not mention it in the refusal letter or did not even ask for them through email, but i found that out from the CAIPS notes(the actual visa file). Hence, i have applied again now to a non SPP college because my previous college won't accept me as i had been on probation from the last couple of semesters. It has been about 7 weeks since i applied and still no response on my cic account.

I returned home in October 2016 and have been struggling with getting an approval since then. I believe i have not violated any law my visiting my family without a TRV and their must be some way to convince the embassy to let me continue my diploma.

Is there any way i can hire a lawyer to appeal for a fair trial of my case? If anyone out there has any advice to help me get an approval, i would really appreciate it.

Thanks a lot for taking the time to going through my visa situation.

What studies did you complete during your two and a half years in Canada? Were you a full time student or were you part time for any semesters? You mention you were on probation for the last couple of semesters - were you studying during this time or not in school? It also sounds like your old school won't allow you back based on your grades - is that right?

It sounds like IRCC may have doubts you are a genuine / serious student based on your past studies in Canada.

 

[goodfella]

What studies did you complete during your two and a half years in Canada? Were you a full time student or were you part time for any semesters? You mention you were on probation for the last couple of semesters - were you studying during this time or not in school? It also sounds like your old school won't allow you back based on your grades - is that right?

It sounds like IRCC may have doubts you are a genuine / serious student based on your past studies in Canada.

I was enrolled in an Associates of arts undergraduate program but did not finish it, was 2 semester short of graduation. I was studying full time for the most part apart from taking two semesters off. To attend my mother's funeral, i had to take one off in the first year and had to take another off in the second year as i was late to apply for my study permit extension.

Yes, that is the reason my original college won't take me back and you are right about IRCC, that is one of their concerns in the CAIPS file. Students struggle with grades all the time, i believe if i were in Canada, they would have extended my visa even if i was not serious with my grades as they did before. I have read at forums about folks who were unaware and travelled without a TRV, its a common mistake and i think cic should help me get back to my studies instead of giving me a hard time.

 

[goodfella]

What studies did you complete during your two and a half years in Canada? Were you a full time student or were you part time for any semesters? You mention you were on probation for the last couple of semesters - were you studying during this time or not in school? It also sounds like your old school won't allow you back based on your grades - is that right?

It sounds like IRCC may have doubts you are a genuine / serious student based on your past studies in Canada.

To answer your second question, i was enrolled in the college while on academic probation.

 

[goodfella]

What studies did you complete during your two and a half years in Canada? Were you a full time student or were you part time for any semesters? You mention you were on probation for the last couple of semesters - were you studying during this time or not in school? It also sounds like your old school won't allow you back based on your grades - is that right?

It sounds like IRCC may have doubts you are a genuine / serious student based on your past studies in Canada.

I see that you are a VIP member here, i would be thankful for your take on the best possible solution here. I am 22 years old high school graduate, are there any other options for me in order to migrate back to Canada?

 

[scylla]

I see that you are a VIP member here, i would be thankful for your take on the best possible solution here. I am 22 years old high school graduate, are there any other options for me in order to migrate back to Canada?

You're in a difficult situation based on your academic performance in Canada. Poor academic performance in Canada can often result in issues extending a study visa or obtaining a new study visa (doesn't matter whether you are in Canada or outside of Canada).

It sounds like you have already applied for a study permit again. If that's the case, the only thing you can do now is wait.

Note that you cannot appeal a study permit refusal. If you want to argue the decision, you would have to pursue a Federal court case. This is a long and expensive process that required you to hire an immigration lawyer in Canada - and there's absolutely no guarantee the outcome would be positive.

You haven't said what you have been doing in your home country since returning. However if your study permit is refused again, my recommendation would be to complete additional studies in your home country and achieve high academic standings before attempting to apply again for studies in Canada. You need to provide IRCC with stronger proof that you are a genuine / serious student.

 

[Hrjsingh]

I see that you are a VIP member here, i would be thankful for your take on the best possible solution here. I am 22 years old high school graduate, are there any other options for me in order to migrate back to Canada?

You're in a difficult situation based on your academic performance in Canada. Poor academic performance in Canada can often result in issues extending a study visa or obtaining a new study visa (doesn't matter whether you are in Canada or outside of Canada).

It sounds like you have already applied for a study permit again. If that's the case, the only thing you can do now is wait.

Note that you cannot appeal a study permit refusal. If you want to argue the decision, you would have to pursue a Federal court case. This is a long and expensive process that required you to hire an immigration lawyer in Canada - and there's absolutely no guarantee the outcome would be positive.

You haven't said what you have been doing in your home country since returning. However if your study permit is refused again, my recommendation would be to complete additional studies in your home country and achieve high academic standings before attempting to apply again for studies in Canada. You need to provide IRCC with stronger proof that you are a genuine / serious student.

Hi there

What are you doing now? @goodfella
I am in a similar situation and applying for caips and doing online certification courses to build my resume and skills. Will this do me any good ? @scylla
Regards
Thank you