Study permit refused, need advice.

[erion2018]

Hello to all.

In this 2 months, I have visiting this great forum everyday. My study permit got refused. I have applied for GCSM reports, but in meantime I need to find some possibilities to re-apply in the future. I have applied for My, my spouse and 3 kids. For 2 of them is issued CAQ, spouse SOWP. Below is my timeline:
1. Applied for Fall 20 at LaSalle College. Applied from Albania.
2. After admission, applied for CAQ on 25/5/2020
3. Receipt of documents 05/06/2020
4. Issued CAQ 29/06/2020
5. Applied for Study Permit on 06/07/2020
6. Biometrics request on 08/07/2020
7. Biometrics taken on 10/07/2020 on Friday.
8. Correspondence biometrics letter on 13/07/2020
9. Correspondence refusal letter on 13/07/2020.

Final decision was made on 10/7/2020, and final decision on 13. This is strange that on the same day biometrics were submitted, they have made the decision so fast.
VO explanation:

• 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 family ties in Canada and in your country of residence.
• 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.
• 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

1. First reason. I did not attach any property letter, since I don't have any, apart of car in my name, which does not explain ties to my home country. I don't understand tie in Canada.
I have 2 first cousin in Montreal, one with temporary work permit and the second with study permit from the same college. I did not meantion them, since they are not relative. Relative in Canada are called, siblings, aunt etc. In forms attached, I have stated that my mother will not accompany me. Is this not a strong home tie? I also did not include property in my mothers name, apartment, land and store.
2. Second reason. I cannot explain it, since is a standard one.
3. Third reason. My sister-in-law was sponsoring me with 60,000 CAD of 70,000 in total. I have attached in proof of fund her bank statement, her employment certificate stated her salary, her tax income.
Also attached my previous and current employment letter.

I think that VO have refused my application is because in my sister-in-law bank statement, value of 70,000 CAD was not maintained for 4 month in a raw. Reason was that she had put this money in saving deposit, but i failed to attach a contract stating this event.
Also in my bank statement I had only 1000 CAD from my salary. In my LOE I have explained that due to Covid 19, my sister-in-law could not transfer this value to my bank account, since banks were closed for the period march-may and there was not time after this period to fulfill the 4 month requirement. This was my true intention to not transfer this money.

I have defer to Winter 2021 and I will reapply on December.

I need some help from you guys.

1. In my second application I will state the first refusal. Should I explain in details the reasons that VO has refused the study permit?
2. Till December I have 4.5 month. My sister-in-law will transfer 60.000 CAD in my bank account. This sum will be in this account for a period of more than 4 month. Could the VO ask why I have this money now and could not had in the previous application, or since this money is there for a period of 4 month, he will not judge me?
3. To address tie in Canada and home Country, should I attach a letter from my current employer that he will offer me a better position after finishing study. Did not include this in previous application. Did not thought that I would need this statement.
4. Should I mention my cousins TR and study permit in my second application?

Any of your comments will be appreciated and sorry for the long post.

Thank you all.

 

[Simmidas]

I would suggest you to apply alone this time and once your Visa gets approved then apply for your family. Leaving your family behind would be the biggest home ties and the reason to come back. You can also attached your mother's property for home ties. If you could get the money in your account or your spouse account then it would make more sense as SIL is not within family to sponsor and VO may not get convinced with this fund.

 

[Oreoluwatemi]

- I think first, you should order a CAIPS note, so when you are applying you will touch on the main point for the refusal.

- I don’t think that is the way they view bank statement, the bank statement shows that you have the funds in your account, if you are a paid employee, they will look at the credit into your account. (Just my personal opinion).
Do you any other asset other that’s your car?, do you have savings else where. I don’t think having your in-law send the money to you will make any difference.

- Yes attach a letter from your employer indicating a promotion in your company, also explain to the VO why you are studying your proposed program and how it will add to more of your skills, basically how you will develop yourself and how it will increase you chances of employment in your home country.

- I don’t think you need to attach your cousins information, they only ask you siblings, children, parents...

I personally think because of your finances and you are taking your whole family given your personal funds, they probably thought that if your in-law decides to not sponsor you again you might be stuck.

That’s all, sorry this took long. But please note that this is my personal thinking, I am also someone that has been doing my research on this platform.
I hope this helps.

 

[Impatient Dankaroo]

Hello to all.

In this 2 months, I have visiting this great forum everyday. My study permit got refused. I have applied for GCSM reports, but in meantime I need to find some possibilities to re-apply in the future. I have applied for My, my spouse and 3 kids. For 2 of them is issued CAQ, spouse SOWP. Below is my timeline:
1. Applied for Fall 20 at LaSalle College. Applied from Albania.
2. After admission, applied for CAQ on 25/5/2020
3. Receipt of documents 05/06/2020
4. Issued CAQ 29/06/2020
5. Applied for Study Permit on 06/07/2020
6. Biometrics request on 08/07/2020
7. Biometrics taken on 10/07/2020 on Friday.
8. Correspondence biometrics letter on 13/07/2020
9. Correspondence refusal letter on 13/07/2020.

Final decision was made on 10/7/2020, and final decision on 13. This is strange that on the same day biometrics were submitted, they have made the decision so fast.
VO explanation:

• 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 family ties in Canada and in your country of residence.
• 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.
• 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

1. First reason. I did not attach any property letter, since I don't have any, apart of car in my name, which does not explain ties to my home country. I don't understand tie in Canada.
I have 2 first cousin in Montreal, one with temporary work permit and the second with study permit from the same college. I did not meantion them, since they are not relative. Relative in Canada are called, siblings, aunt etc. In forms attached, I have stated that my mother will not accompany me. Is this not a strong home tie? I also did not include property in my mothers name, apartment, land and store.
2. Second reason. I cannot explain it, since is a standard one.
3. Third reason. My sister-in-law was sponsoring me with 60,000 CAD of 70,000 in total. I have attached in proof of fund her bank statement, her employment certificate stated her salary, her tax income.
Also attached my previous and current employment letter.

I think that VO have refused my application is because in my sister-in-law bank statement, value of 70,000 CAD was not maintained for 4 month in a raw. Reason was that she had put this money in saving deposit, but i failed to attach a contract stating this event.
Also in my bank statement I had only 1000 CAD from my salary. In my LOE I have explained that due to Covid 19, my sister-in-law could not transfer this value to my bank account, since banks were closed for the period march-may and there was not time after this period to fulfill the 4 month requirement. This was my true intention to not transfer this money.

I have defer to Winter 2021 and I will reapply on December.

I need some help from you guys.

1. In my second application I will state the first refusal. Should I explain in details the reasons that VO has refused the study permit?
2. Till December I have 4.5 month. My sister-in-law will transfer 60.000 CAD in my bank account. This sum will be in this account for a period of more than 4 month. Could the VO ask why I have this money now and could not had in the previous application, or since this money is there for a period of 4 month, he will not judge me?
3. To address tie in Canada and home Country, should I attach a letter from my current employer that he will offer me a better position after finishing study. Did not include this in previous application. Did not thought that I would need this statement.
4. Should I mention my cousins TR and study permit in my second application?

Any of your comments will be appreciated and sorry for the long post.

Thank you all.

From my observations, the only instance when families are allowed to accompany the primary student (with high success) is PhD students and understandably so. Looks like you are attending a college program and coming with your whole family looks very suspicious. Your sister-in-law sponsoring you is also not great. Direct family is preferred. In your case where you have a family of your own... it's a big red flag. Home ties include family, property and investments.

 

[Alwayssuccessful!]

From my observations, the only instance when families are allowed to accompany the primary student (with high success) is PhD students and understandably so. Looks like you are attending a college program and coming with your whole family looks very suspicious. Your sister-in-law sponsoring you is also not great. Direct family is preferred. In your case where you have a family of your own... it's a big red flag. Home ties include family, property and investments.

Perfect advice@tapperb. You said it all. Only PhD students gets forgiven for including their entire family in visa application. You should have waited to get your approved before applying for a visitor visa for your family.

 

[Mohamedji]

Hi, what can I do if I forget to include email in imm1294 form when I apply online. Though I have received application number through email and everything. But they say in the form that if email is not included we ll contact by mail provided, but that s not the case for online applications right?

 

[erion2018]

Thank you all for your comments. I choose to apply for Computer Science for college, since I have completed my study in my country in 2010 for informatics. Basically is the same as computer science, but since 2010 a lot has changed in technology. Phd is very hard for me since i left school 10 years ago. Maybe you right that sister-in-law is not a good sponsor. She has written a notarized statement that she will fund my study. Can be that VO did not like it. For this she will transfer money to my account and I will have 4 month bank statement from my account. It was another option to apply for myself and after getting study permit to apply for my family to join me after I started my study. But can be that their visa can be refused and I don't want to take the risk to be apart of them.
I will wait for CAIPS report and will try to explain the reasons for first refusal. Hopefully this case will be another VO.
In personal view, it really depend from VO that well take the case. My cousin applied for the same college for Fall 2019 with hole family and got the study permit. She had study in the same University for Informatics in Albania. Only difference is that she had fund in her account, and I had a sponsor.
Maybe next time I need more luck.

 

[Alwayssuccessful!]

Thank you all for your comments. I choose to apply for Computer Science for college, since I have completed my study in my country in 2010 for informatics. Basically is the same as computer science, but since 2010 a lot has changed in technology. Phd is very hard for me since i left school 10 years ago. Maybe you right that sister-in-law is not a good sponsor. She has written a notarized statement that she will fund my study. Can be that VO did not like it. For this she will transfer money to my account and I will have 4 month bank statement from my account. It was another option to apply for myself and after getting study permit to apply for my family to join me after I started my study. But can be that their visa can be refused and I don't want to take the risk to be apart of them.
I will wait for CAIPS report and will try to explain the reasons for first refusal. Hopefully this case will be another VO.
In personal view, it really depend from VO that well take the case. My cousin applied for the same college for Fall 2019 with hole family and got the study permit. She had study in the same University for Informatics in Albania. Only difference is that she had fund in her account, and I had a sponsor.
Maybe next time I need more luck.

Try pay your tuition for at least one semester or full year. That kind of shows them you are serious about studies.

My candid and frank advice is that it’s not just the issue of having a sponsor that is the problem. If you re-apply yourself with millions in your account for 4 months, the chances it will be refused again is as high as 80%. Applying again will not change the notes and judgment the visa officer has written on your file. They will go back an read it before considering your new application.
Since you have your sister or relative in Canada, ask her to help you engage the services of a lawyer to put in the application and write a submission letter on your behalf, laying out the reasons why you should be approved for a SP in accordance with the Immigration and Refugee Protection Act and previous judicial decisions. If a lawyer’s application is refused, he knows what to do. He will apply for judicial review of your application, and the chances of success with JR is higher. If your application is well packaged by a good lawyer, the Dept of Justice (government lawyers in Canada) may not defend your case but just concede. It’s not cheap, but that is your best bet at this time. A re-application would likely be refused again even if for stupid reasons. That’s how the system works.

 

[erion2018]

Try pay your tuition for at least one semester or full year. That kind of shows them you are serious about studies.

My candid and frank advice is that it’s not just the issue of having a sponsor that is the problem. If you re-apply yourself with millions in your account for 4 months, the chances it will be refused again is as high as 80%. Applying again will not change the notes and judgment the visa officer has written on your file. They will go back an read it before considering your new application.
Since you have your sister or relative in Canada, ask her to help you engage the services of a lawyer to put in the application and write a submission letter on your behalf, laying out the reasons why you should be approved for a SP in accordance with the Immigration and Refugee Protection Act and previous judicial decisions. If a lawyer’s application is refused, he knows what to do. He will apply for judicial review of your application, and the chances of success with JR is higher. If your application is well packaged by a good lawyer, the Dept of Justice (government lawyers in Canada) may not defend your case but just concede. It’s not cheap, but that is your best bet at this time. A re-application would likely be refused again even if for stupid reasons. That’s how the system works.

Thank you for your help. I will wait for CAIPS notes and will see what will be the best route to follow. Once I will get CAIPS notes, I will write them here in this great forum.

 

[jweekend]

Hello to all.

In this 2 months, I have visiting this great forum everyday. My study permit got refused. I have applied for GCSM reports, but in meantime I need to find some possibilities to re-apply in the future. I have applied for My, my spouse and 3 kids. For 2 of them is issued CAQ, spouse SOWP. Below is my timeline:
1. Applied for Fall 20 at LaSalle College. Applied from Albania.
2. After admission, applied for CAQ on 25/5/2020
3. Receipt of documents 05/06/2020
4. Issued CAQ 29/06/2020
5. Applied for Study Permit on 06/07/2020
6. Biometrics request on 08/07/2020
7. Biometrics taken on 10/07/2020 on Friday.
8. Correspondence biometrics letter on 13/07/2020
9. Correspondence refusal letter on 13/07/2020.

Final decision was made on 10/7/2020, and final decision on 13. This is strange that on the same day biometrics were submitted, they have made the decision so fast.
VO explanation:

• 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 family ties in Canada and in your country of residence.
• 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.
• 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

1. First reason. I did not attach any property letter, since I don't have any, apart of car in my name, which does not explain ties to my home country. I don't understand tie in Canada.
I have 2 first cousin in Montreal, one with temporary work permit and the second with study permit from the same college. I did not meantion them, since they are not relative. Relative in Canada are called, siblings, aunt etc. In forms attached, I have stated that my mother will not accompany me. Is this not a strong home tie? I also did not include property in my mothers name, apartment, land and store.
2. Second reason. I cannot explain it, since is a standard one.
3. Third reason. My sister-in-law was sponsoring me with 60,000 CAD of 70,000 in total. I have attached in proof of fund her bank statement, her employment certificate stated her salary, her tax income.
Also attached my previous and current employment letter.

I think that VO have refused my application is because in my sister-in-law bank statement, value of 70,000 CAD was not maintained for 4 month in a raw. Reason was that she had put this money in saving deposit, but i failed to attach a contract stating this event.
Also in my bank statement I had only 1000 CAD from my salary. In my LOE I have explained that due to Covid 19, my sister-in-law could not transfer this value to my bank account, since banks were closed for the period march-may and there was not time after this period to fulfill the 4 month requirement. This was my true intention to not transfer this money.

I have defer to Winter 2021 and I will reapply on December.

I need some help from you guys.

1. In my second application I will state the first refusal. Should I explain in details the reasons that VO has refused the study permit?
2. Till December I have 4.5 month. My sister-in-law will transfer 60.000 CAD in my bank account. This sum will be in this account for a period of more than 4 month. Could the VO ask why I have this money now and could not had in the previous application, or since this money is there for a period of 4 month, he will not judge me?
3. To address tie in Canada and home Country, should I attach a letter from my current employer that he will offer me a better position after finishing study. Did not include this in previous application. Did not thought that I would need this statement.
4. Should I mention my cousins TR and study permit in my second application?

Any of your comments will be appreciated and sorry for the long post.

Thank you all.

Since it seems that you're bringing your entire family along with you and you only own 1000CAD, that's not enough to support 5 people. You also have relatives in Canada. And your purpose is suspect too as it looks like you're not a genuine student. It would also be very easy to tell by the visa officer that you're not intending to leave Canada at the end of your stay.

 

[erion2018]

Since it seems that you're bringing your entire family along with you and you only own 1000CAD, that's not enough to support 5 people. You also have relatives in Canada. And your purpose is suspect too as it looks like you're not a genuine student. It would also be very easy to tell by the visa officer that you're not intending to leave Canada at the end of your stay.

It was true that I had only 1000 CAD in my account, since I have worked honestly for 15 years. But my salary and that of my wife, is not enough to save so much money. For this reason I needed sponsor. From my bank statement, you have concluded that I am not genuine student. This way can think also VO. But being genuine student means that I will study and leave Canada at the end, and I will not stay illegally. Although there is an option to apply for PGWP. Even if PGWP will could be refused, I will return with a Canadian diploma, which opens so much oportunities in my own country. My intention is not to stay illegally in Canada with my hole family. In Albania, most of best jobs position are fulfilled from student coming from Europe. But because of language barriers, my only options are England, US and Canada. England is hard to enter with their study restrictions. US is a big no for me. Only Canada left. So I an assure you that during my entire life, I never did emigrate and never stayed anywhere illegally. Anyway you are right in your way of thinking. The same I can be seen on VO eye. Probably I need a strong SOP this time.

 

[erion2018]

Maybe is best to follow Alwayssuccessful! advice and I will pay full year tuition to appear as genuine student. I need first to verify with College if they will refund is study permit will reject again.

 

[Buletruck]

You need to consider the course you are applying for as well. It doesn’t show any progression in your professional development. Taking the same/equivalent course in Canada that you took in your home country (even 10 years ago) doesn’t bode well. They expect you to be improving your education for a study visa to be approved.

 

[canuck78]

Have you been working in some sort of IT position. If you have already studied at a university a college degree is a downgrade. Think your biggest issue is your limited finances and the fact that it is very clear that you are intending to remain in Canada. Would really suggest applying on your own. Your family may not be able to join you if you do get a study permit. Given that you only have 1K in savings it would make no sense to return when you make a lot more in Canada. It would not make sense to spend so much money if only getting a promotion at your current job. I can’t imagine a promotion would result in a huge increase in pay.

 

[Alwayssuccessful!]

Maybe is best to follow Alwayssuccessful! advice and I will pay full year tuition to appear as genuine student. I need first to verify with College if they will refund is study permit will reject again.

All schools will refund your deposit if visa is refused and you show them the refusal letter. The only money not refunded is your application fee.