Study visa denied

[fwhitaker]

Hello experts,

My brother and his wife got a visa denied twice already. The first time they applied over the internet and couldn't attach all their supporting documents. For the second time, they decided to go to their local VAC and applied in person. The VAC person checked everything and said that via internet things are overlooked and the lack of option to add supporting documents make it easier to get a refusal. Additionally, by her reaction my brother got the impression that they had everything needed to get the visa and there was no reason for a refusal on the second time.

A little background, her field of study is related to what she does work today and has an ESL part attached to it as her agreement with the school was that once in Canada she would do the school test and if passed would enter the program without doing the ESL or if needed would start the ESL on the correct level (she did that because scheduling an IELTS of TOEFL exam would possible postpone her start date and would still make her take ESL classes before starting the program). Additionally, she has part of the course already paid (which right now they are asking for a refund) and she is pregnant and would have the baby here during her study period (mos likely at the end of the first semester of study). Moreover, my brother would get the spouse open work permit.

The first refusal had the following items:

Pursuant to Section 219 of the Immigration and Refugee Protection Regulation, I am not satisfied that
you:

• have sufficient and available financial resources, without working in Canada, to pay the tuition fees for the course or program of studies that you intend to pursue
• have sufficient and available financial resources, without working in Canada, to maintain yourself
  and any family members who are accompanying you during your proposed period of study

You have not satisfied me that you would leave Canada at the end of your stay. In reaching this
decision, I considered several factors, including:

• family ties in Canada and in country of residence
• purpose of visit
• employment prospects in country of residence
• current employment situation
• personal assets and financial status.

The second refusal had the following:

You have not satisfied me that you would leave Canada at the end of your stay. In reaching this
decision, I considered several factors, including:

• family ties in Canada and in country of residence
• length of proposed stay in Canada
• purpose of visit

On my brothers there is only:

You have not satisfied me that you would leave Canada at the end of your stay. In reaching this
decision, I considered several factors, including:

• purpose of visit
• Others: You are the accompanying spouse of a Study Permit applicant enrolled in a prerequisite program (ESL) , which is not a degree conferring program. As such, you do not meet the LMIA exemption requirements under R205(c)(ii)

Any help to understand why they ticked these refusal points would be very much appreciated. I'm asking for the ATIP on their file, but it will take about 30 days.

 

[scylla]

As of now, your brother's wife has not been admitted directly into her program. She has been admitted conditionally based on completing an ESL program. Since she is currently only admitted to an ESL program - your brother does not qualify for an SOWP and was correctly refused. It doesn't matter that she plans to take a language test once she arrives here so that she can skip the ESL program and being her program directly - as of now, she is only admitted to the ESL program and that's how her application is being assessed. If she wanted to reapply immediately, then she needs to reapply on her own - your brother cannot apply along with her and doesn't qualify for an SOWP. Once your brother's wife is in Canada and is attending the college program - your brother can try applying for the SOWP. Of course there's no guarantee he will be approved.

The best course of action would be for her to take IELTS in her home country and achieve a high enough score so that she can be admitted to her program directly without taking an ESL program. This would require her to get new admission papers from the school after she takes the IELTS test and has the results that show she has been admitted to her course directly.

You haven't provided any real details about their application or her planned studies in Canada or her past studies or her work experience - so it's difficult to comment further. However based on the refusal reasons, it sounds like there are a number of other issues with the application. How much money did they show they have available to pay for these studies? What ties did they demonstrate to their home country to prove they will return once the studies are completed? What was she planning to study in Canada? What is her past education and marks achieved? What work experience does she have? Have they previously traveled to countries requiring visas such as the US or UK?

Note that it's going to be more difficult for them to be approved since you are already settled in Canada and this means CIC has concerns your brother and his wife are using the study permit as a means of trying to move to Canada long term.

All VAC can do is say if a complete application has been submitted (i.e. all required paperwork included). Submitting a complete application doesn't mean it's going to be approved.

Lastly, with two refusals, they would be best waiting a number of months before reapplying.

 

[fwhitaker]

Thanks for your reply @scylla

As for my brother I can understand the refusal based on the ESL, I only questioned because when I came to Canada my wife and I used the same route and got our visas approved, even with the ESL part before the program, which I did not need after taking their exam. But what is striking me is the the family ties (for my brother's wife) and purpose of visit (for both).

The only family tie in Canada is my wife and me, but it doesn't show on my brother's application, only on his wife. Unless they are assuming that their soon to be born kid as a family tie since it would be born here. However, there is nothing on cic website that says they cannot have their kid here. Moreover, if that was the sole purpose of their trip, they could come as visitor, have their kid and go back. The rest of our families is in our home country. My brother would have our parents, another brother and many other family members in there. His wife has basically all her family in our home country.

The best course of action would be for her to take IELTS in her home country and achieve a high enough score so that she can be admitted to her program directly without taking an ESL program. This would require her to get new admission papers from the school after she takes the IELTS test and has the results that show she has been admitted to her course directly.

They know that but decided not to take an english exam due to timing. It would be better if they did, but she was confident that she would either pass or have to do not over 3 months of english before starting the course. That would allow her to do 1 semester before delivering the baby. If she were to wait for the exam and results to apply for her course, once the visa was in her hands she would barely have 3 months of classes before having a baby and she did not want that. However, that is their plan for now. Wait for the baby, do the exam and reapply.

You haven't provided any real details about their application or her planned studies in Canada or her past studies or her work experience - so it's difficult to comment further. However based on the refusal reasons, it sounds like there are a number of other issues with the application. How much money did they show they have available to pay for these studies? What ties did they demonstrate to their home country to prove they will return once the studies are completed? What was she planning to study in Canada? What is her past education and marks achieved? What work experience does she have? Have they previously traveled to countries requiring visas such as the US or UK?

Both my brother and his wife are partners on their family business in their home country (he with my dad - I was left out because I moved to canada 5 years ago - and her with her dad). In the first application they only attached the proof of having funds (letter of sponsorship) and when they applied in paper they also attached the proof of ownership of their family business to support the sponsorship and show ties in their home country. That's why in their second application they haven't ticket the proof of funds - they were able to provide enough.

As for the type of program, as I said it is related to what she has graduated. She has graduated in International Business/Relations (don't know how to actually translate her bachelors degree name) and she works for a Tourism company for over a decade now. Her family owns a tourism company (which she has worked since she was 16) and her program was a two year Hospitality and Tourism Management post grad, if not mistaken with co-op.

They have traveled a lot, my brother has a Visa for the US and here (when Canada required visas from my home country - visa still valid for another 4 years), having visited the US and here many times. She has a visa for Canada (got it with my brother) having visited here with my brother for my graduation. She has also being over Europe a few times as well.

They wouldn't return to our home country after their studies are completed as she intended to get the PGWP after graduating and get a foreigner work experience. She made a cover letter stating that and also indicated that if the PGWP was refused she would return to our home country and work with her family business again.

Note that it's going to be more difficult for them to be approved since you are already settled in Canada and this means CIC has concerns your brother and his wife are using the study permit as a means of trying to move to Canada long term.

This is odd. Canada wants qualified people and the study permit is one that allows dual intend. You can initiate your studies knowing that you can get a work visa after it and that you can apply for PR using the Canadian Experience under the Express Entry. This should not be a problem for them. My family wouldn't trade a fair life in their country to be illegal immigrants here. If that was the case, they could use their visitors visa to enter and do that. Can't understand that....

As I mentioned, she made a cover letter stating that she had the intention to study and work afterwards to gather a more in depth international experience and that she would return to her family business after that. She never mentioned interest in becoming a PR, but even if she did, stating that you are willing to follow the rules shouldn't be a negative thing. They are not interested on doing something wrong, staying here long term illegally and having a harder time here than in their home country.

All VAC can do is say if a complete application has been submitted (i.e. all required paperwork included). Submitting a complete application doesn't mean it's going to be approved.

That was what we suspected and knew and why he was surprised by what she said. But he assumed that VAC has probably dealt with many applications and might had a fair knowledge on the subject.

Lastly, with two refusals, they would be best waiting a number of months before reapplying.

They will wait probably another year before applying. They will have their kid, enjoy some time with her and during this time get an english exam done so she is approved straight into the program without ESL.

What are the chances of them being approved next time? And would the ATIP give them more info on their refusal? I've asked for my citizenship application and it doesn't seem to be much helpful...

 

[fwhitaker]

based on the above, any new idea?

 

[Sweetgurl]

Hello.
I applied for study permit twice and was denied in all. I requested for my GCMS note and the Visa officer said there is no Carrer progression.
I have some concerns based on the reasons given. I read Chemistry for first degree, applied for post graduate Diploma in Business admin. I have 3 years work experience as a Business Development officer.prior to this I worked 1 year as a chemist.I graduated with a second class lower, so I went for PGD as Masters needs second class upper. Pls based on the GCMS note, what can I do?
1-What does Career prgression mean? Cant it be either first degree or work experience?Or must career progression be related to first degree and not work experience?
2-Can I apply again?
3-If am to appy is it safe to apply for PGD in chemistry or will this tell the VO that am desperate, why Business admin twice and now changed to chemistry)?

 

[Bs65]

Hello.
I applied for study permit twice and was denied in all. I requested for my GCMS note and the Visa officer said there is no Carrer progression.
I have some concerns based on the reasons given. I read Chemistry for first degree, applied for post graduate Diploma in Business admin. I have 3 years work experience as a Business Development officer.prior to this I worked 1 year as a chemist.I graduated with a second class lower, so I went for PGD as Masters needs second class upper. Pls based on the GCMS note, what can I do?
1-What does Career prgression mean? Cant it be either first degree or work experience?Or must career progression be related to first degree and not work experience?
2-Can I apply again?
3-If am to appy is it safe to apply for PGD in chemistry or will this tell the VO that am desperate, why Business admin twice and now changed to chemistry)?

Why would you post the same question 6 times hijacking someone elses thread instead of your own ?

 

[canuck78]

based on the above, any new idea?

Given she is already in the tourism business and is a partner in a business I would assume there will be some concerns about why she needs to complate another course and how the course will lead to career advancement. As previously mentioned when one sibling studies then applies for PGWP it seems likely that the other sibling intends to do the same.

 

[Vicky134]

Hi friends ,

My wife applied student visa along with spouse visa for sep 2018 and got rejected in our first attempt . Kindly advise if she should apply alone and then I apply ?
Reason for rejection is
Immigration status in country of residence
Purpose of visit
Length of proposed stay in Canada .

Kindly advise

 

[scylla]

Hi friends ,

My wife and me applied student visa for sep 2018 and got rejected in our first attempt . Kindly advise if she should apply alone and then I apply ?
Reason for rejection is
Immigration status in country of residence
Purpose of visit
Length of proposed stay in Canada .

Kindly advise

Please provide your complete profile.

 

[Vicky134]

Bachelors hotel management with 64 percent
IELTS 7.5
Course applied is PG human resource management in George brown and accepted.
Funds shown 20000 CAD for expense
Paid full year tuition fees
Applied from Qatar.

 

[scylla]

Need your full profile. What is your status in Qatar? Are you citizens there or temporary residents? If temporary, what is your home country? What proof of ties did you show? Do you have previous travel to any countries requiring visas such as the US and UK? Any work experience?

 

[Vicky134]

Need your full profile. What is your status in Qatar? Are you citizens there or temporary residents? If temporary, what is your home country? What proof of ties did you show? Do you have previous travel to any countries requiring visas such as the US and UK? Any work experience?

My wife is working under a work visa in Qatar, it’s a temporary residency , she has 7 months experience here and 1.5 experience in India . Our home country is India .
Myself in Qatar since 9 years under work visa as qatar doesn’t have any permanent resident programmes
I am a manager in a 5 star hotel
I own a house in India which we showed as ties in India , provided the property document .
My wife recently had a travel visa to Turkey but not while applying visa
I have not travelled to UK or US
But travelled to Vietnam,Indonesia, turkey
UAE
We are married since feb 2017 , showed marriage certificate as a proof of relationship .

Thank you so much for your assistance

 

[vindin]

Could some one assist us and check if this is convincing ? we have a denial once
June 22, 2018

Subject: APPLYING FOR STUDY PERMIT (Canada)

Dear Consular Officer,

Greetings of the day!

I, Ramya Radhakrishnan, wish to apply for a Study Permit in Canada. I have secured admission in Human Resource Management(PG-Diploma) at George Brown College in Toronto, Ontario. The letter of acceptance from the institute is attached. This letter is in continuation to my application submitted before which was returned by you due to insufficient information. The points that were mentioned:

1. Immigration status in the country of residence.

2. Purpose of visit

3. Length of proposed stay in Canada

I hope the given explanation would be sufficient for you to process my application.

The last page contains the list of all enclosures.

Introduction: I have completed my Bachelors in Hotel Management from Institute of Hotel Management in Hyderabad, India which is under Department of Tourism, Government of India (2010-2013). I worked with Trident Hotel, Hyderabad as Housekeeping Assistant from June 2013 to October 2013 as I got placed here through the Campus Interview. I joined Hilton Hotels, Chennai, India in Nov 2013 as Guest Relations Executive and I was relieved from my services by May 2014. Situation demanded me to leave my job as I had to take care of my grandmother who was bedridden and therefore I could not continue my job. I joined Taj group of Hotels, Trivandrum, India in May 2015 and worked till June 2016. I came back to my hometown Hyderabad by July 2016 and worked with a local restaurant as an Incharge till December 2016.

I got married on February 2017 and I moved to Qatar on a Family visit visa on April 2017. My spouse, Vignesh Pattabi Raman is working with Grand Hyatt Hotel, Doha, Qatar since January 2009 therefore I shifted to Doha after my marriage. Currently, I am working with Grand Hyatt in Doha, Qatar as a Guest Service Officer for the past 7 months therefore my Family visit visa was changed to work visa for Qatar. My Residency Permit Number for Qatar is 29335621953 which is also attached with the application for your reference.

Purpose of visit: To acquire further education in Canada for a period of 12 months starting from September 2018 to August 2019 as per the submitted college offer letter. My spouse Vignesh Pattabi Raman would also be accompanying me for the same period i.e. from September 2018 to August 2019. He would be supporting me in Canada during the duration of my studies. During the past 1.6 years of being together, we have developed strong emotional bond due to which it will be difficult for us to stay apart for a period of 12 months.

My spouse has been working for Grand Hyatt, Doha for 9 years and 6 months as an Outlet Manager and currently earning 85200 QAR i.e. 31200 CAD per annum in hand. Both of us would be returning to India after completion of my studies in Canada to pursue our respective career goals.

Study Plan: I have always been very good at communication, networking, listening to people’s issues and coming up with solutions to help them out. I am interested in Human Resources as I would get a chance to meet different people with different mindsets. As a HR personnel it gives me more liberty to bring lot of positive changes to my organisation which I am currently not able to do with my cadre of work. The feel which you get when you can provide a job to the deserving is an amazing feel.

My career goal is to work for Qatar Airways in India as Human Resource Manager and to open my own recruiting firm at a later stage. I believe that this education which I will attain along with my hospitality background will support me to reach my goal. My uncle is working for Qatar Airways as a Facility Manager and he would aid me with all the required support.

I am interested in working for Qatar Airways as it is one of the leading hospitality and airline brands all over the world and it would be a matter of pride for me to work for such a prestigious organisation. It is spread out globally which makes it easier for me to procure a job in Qatar Airways in my home country. As my parents are old and staying alone in India, this would also be an aid for me to be near to them to take care of them. Moreover, the amount of work related knowledge and exposure which I will get here will also be very helpful for me when I would be starting my firm.

Why I opted for Canada: I found lot of options for pursuing PG Diploma in India as well as Qatar however none of them suited best for me as they were not providing an industrial exposure with the course. When I found out about this course with a co-op option in Canada I was immediately attracted towards it. The other reason of choosing Canada is that they never compromise on the quality of education they provide. Secondly, the country has the most safe and secure environment for the women. Moreover, Canada is more people friendly country and more diversified.

Purpose of choosing George Brown: I was recommended this college by my friend who successfully finished her HR Diploma with George Brown. After a thorough research I found out that George Brown College is one of the best reputed institutes in Canada. It is popular for its courses, especially Human Resources. They focus more on field education and internship programs which is a gateway to procure more knowledge. This will help me learn more about how to connect with different mindset of people to understand them and meet their individual needs.

A full payment fee of CAD $ 15,454.00 to the institute has been paid. A copy of the receipt is attached.

My health coverage is already included in the college fees as is evident from the Offer Letter.

We have already shortlisted some accommodations in Toronto in the King street, near the St. James Park as well as in the Downtown area as I would like to be accommodated near to the College Campus.

Funds available: I am aware of the living expenses I would require during my course period in Canada and I have arranged funds for the same. My mother would be taking care of our expenses during our entire stay in Canada. The gift affidavit is attached for your reference with my Birth Certificate (relationship proof with my mother).

I really need your support and encouragement in fulfilling my dream. I request you to kindly issue me a study permit from August 2018 to August 2019 as I wish to travel to Canada by the end of August 2018 to make arrangements for my stay before I join the college on 04th September 2018.

I believe that the information I have provided is adequate and in detail.

Thank you very much in advance for your kind consideration.


Yours Sincerely,


Ramya Radhakrishnan

EXPENSE/FUNDS Summary:

Total tuition fee for 1-year full course: CAD$ 15,454
Full payment fee Paid: CAD$ 15,454


Total Balance available in my Accounts= INR 12,00,000 which is equivalent to CAD$ 22,611 approximately for our living expenses. Last 6 months Bank Statement(s) are attached.

List of enclosures attached with the application:

1. Cover letter (this document, Explanation and details)
2. Gift Affidavit (Living Expenses)
3. IMM5257e (Visitor Visa Application) filled and signed
4. IMM1294e (Study Permit Application) filled and signed

5. IMM5409e (Common-Law Union Application) filled and signed
6. IMM 5707e (Family Information Application) filled and signed

7. IMM 5645e (Family Information Application) filled and signed

8. IMM 5645e (Spouse Family Information Application) filled and signed

9. IMM 5257e (Spouse Visitor Visa Application) filled and signed

10. IMM 5257B (Spouse Schedule 1 form) filled and signed
11. Letter of Acceptance from the college (ORIGINAL)

12. Proof of fee paid to the institute. (Receipt from college)

13. Proof of sufficient funds available in personal account in terms of last 6 months bank statement.
14. All previous ORIGINAL educational Transcripts and Certificates of myself as well as of my spouse.
15. Proof of English language ability (IELTS results) (ORIGINAL) (myself and Spouse)
16. Letter from my employer, stating my Name, salary, date of joining and designation and address proof
17. Passport (ORIGINAL) (myself and Spouse)
18. Marriage certificate (Original)

19. Copy of my National Identity Card (Qatar and India) (myself and Spouse)
20. Insurance taken by my spouse showing me as beneficiary (relationship proof)

21. Birth Certificate

22. Spouse Explanation Letter

23. Spouse assets in Home Country

24. Mother Bank statements for 6 months.

25. Mother PF Letter from her previous employer.

26. Passport size photos of myself as well as of my spouse.

Kindly update us in this forum once u get ur visa....All the best

 

[Vicky134]

Sure

 

[Joy M.]

Hi,

I'm sorry for posting it here. My student visa was rejected 2 times already. I am an electronics engineer and currently working for 4 years in a telco company in my country. I applied for Early Childhood education at Saskatchewan Polytechnic.
Here is the reply from my first application.
1. have sufficient and available financial resources, without working in Canada, to pay the tuition fees for the course or program of studies that you intend to pursue.
2. have sufficient and available financial resources, without working in Canada, to maintain yourself and any family members who are accompanying you during your proposed period of study
3. have sufficient and available financial resources, without working in Canada, to pay the costs of transporting yourself and any family members who are accompanying you to and from Canada.
1. purpose of visit
2. employment prospects in country of residence
3. current employment situation
4. personal assets and financial status.

Before applying for the 2nd time i make sure i have C$25000 in my account, Certificate of Employment, Business permit which is under my mother's name, acceptance letter from the school in canada as well as all the admission proofs, ITR, family information, ielts result, Transcript of record, medical, passport, id pictures, application form but it was still rejected with these reasons.

1. I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on the purpose of your visit.
2. I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on your current employment situation.
3. I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on your personal assets and financial status.

I hope you can help me. I am so frustated and don't know what to do.