Why study visas of Pakistani students are getting rejected constantly?

[aqibaqib363]

After high school diploma?

No after 2 year college diploma?

 

[aqibaqib363]

I agree with the person who said that you are adjusting your conditions to fit the criteria of visa, so that condition could raise red flags, no idea about bank statement, depends on your tuition, living expenses etc.

You can mention that you will inherit your fathers property or you have a certain amount of share in your fathers property that is why you have no choice and you will have to return to Pakistan

Zeeshan are you also an applicant?

 

[GandiBaat]

No after 2 year college diploma?

Okay. I misunderstood that you wnted to apply for 12 th grade. You applied for that and that was rejected in past. Now you are applyying for college.

 

[aqibaqib363]

Okay. I misunderstood that you wnted to apply for 12 th grade. You applied for that and that was rejected in past. Now you are applyying for college.

Yea I will apply next year again after completing Grade12 here.

 

[aqibaqib363]

Okay. I misunderstood that you wnted to apply for 12 th grade. You applied for that and that was rejected in past. Now you are applyying for college.

Bro have you also applied or thinking to apply?

 

[GandiBaat]

Bro have you also applied or thinking to apply?

"My case" is a bit more involved.

I am in Canada with my wife on work visa. My wife's work permit expired in oct, I had applied for an extension and just today I got the email that it was approved.

Also, she got into masters degree of a university here in late october. So, I am basically applying for Study Permit of my wife now that she has a new Work Permit.

So mine is an in-Canada application. Slightly different than yours and slightly complicated by the fact that we have a child who is basically born in Canada so proving family ties to India will be slightly harder. Besides she has been working for some time after her last degree so there is that to manage as well.

 

[Shaild]

Thats a very good point. Apparently, this is also supported by Canadian immigration doctrine under what is called as dual intent.

Now, I once asked this to my lawyer when I consulted for something else. What he said was interesting. The VOs and the law is not as much worried about your actual leaving the country as they are worried about chances of you violating the conditions on your visa/permit. ie. overstaying, working illegally that sort of thing.

If you legally seek and obtain a different status, you are all good. This is why dual intent is a thing.

I totally understand their apprehension about people staying back illegally but the problem I see with so many cases here is that they seem to apply this as a blanket rule. They don't seem to apply even basic common sense in some cases. As an e:g - A person with good academics, great career progression, visits his family every year, sends money to his family every month was considered as someone how will not return back. In this case the way I would see is, this person is totally capable of getting into EE on basis of his skills & merits. But no, they thought this guy will end up on streets & do drugs. Totally baseless.

The question that the VO wants to answer is this : does this guy have a link to his home country that is strong enough for him to not overstay or illegally stay in Canada?
When you try to transfer a property only for showing that link, if it gets detected, it can have consequences. Because it is a misrepresentation of your links to your home country.

I agree, if transferring a property there needs to be a story line that goes with it that the parent either has another house & since they are old they want to gift his son/daughter to help resettle them in home country, etc. Without a story line this does seem dodgy.

 

[Shaild]

M********* v. Canada (Citizenship and Immigration)

Court (s) Database	Federal Court Decisions
Date	2020-02-11
Neutral citation	2020 *C 2*0
File numbers	IMM-2**7-**

"The applicant notes that Canada’s policy has evolved. The government now wants to attract students, and encourage them to continue their journey in Canada after their studies. The post-graduation work visa is a testament to this intention. In this context, the fact that an applicant harbours another intention simultaneous with an intention to study, so long as this intention is legitimate, cannot be a ground for refusal. "

"When reviewing a visa officer’s factual assessment of an application for a student visa and the officer’s belief that an applicant will not leave Canada at the end of his or her stay, the standard of review is reasonableness: S***** v Canada (Citizenship and Immigration), 2016 FC 6*0 at para *2 [Sol****]; ***aali***** v Canada (Citizenship and Immigration), 2019 FC 1**0 at para *1. "

The applicant submits that in the case at bar, the officer’s refusal was unreasonable because the reasons given for refusing the study permit are unrelated to the evidence on record, and because the officer ignored evidence in the record that contradicts his findings. The role of a reviewing court is to detect the irrationality or arbitrariness of a decision: Pe**** v Canada (Citizenship and Immigration), 2017 FC 1** at para 1*; Ka*****-Mi***n v Canada (Citizenship and Immigration), 2*18 FC 5** at para *3.

THIS COURT’S JUDGMENT is as follows :

"The application for judicial review is allowed, and the matter is referred back for redetermination by a different officer."

William F. Pentney”
Justice​

From what I've read, judicial cases can take forever & also it is not necessary the case will be overturned, the person might find something else to pick on. But the lawyer did make solid points here. Hope VO are properly trained to understand the law & align them with the goals of the government & not only because they woke up on wrong side of bed (subjective decisions that are not quantifiable).

 

[Ironclad]

From what I've read, judicial cases can take forever & also it is not necessary the case will be overturned, the person might find something else to pick on. But the lawyer did make solid points here. Hope VO are properly trained to understand the law & align them with the goals of the government & not only because they woke up on wrong side of bed (subjective decisions that are not quantifiable).

The applicant submits that in the case at bar, the officer’s refusal was unreasonable because the reasons given for refusing the study permit are unrelated to the evidence on record, and because the officer ignored evidence in the record that contradicts his findings. The role of a reviewing court is to detect the irrationality or arbitrariness of a decision: Pe**** v Canada (Citizenship and Immigration), 2017 FC 1** at para 1*; Ka*****-Mi***n v Canada (Citizenship and Immigration), 2*18 FC 5** at para *3.

The general perception of the public is that the PA couldn't cut it through or is not meritorious enough to clear the S1 visa but the irrationality of the visa offices and their officers are not highlighted at all or accepted at all these days. I've seen many talented people getting affected by this loophole in the system bearing no mistake of theirs and yet some weaker profiles manage to fluke it through.

 

[aqibaqib363]

Hi, i am from Pakistan, they don't reject the applications with valid reasons, make sure you have strong ties with your country, have a good financial statement, good marks in ielts and overall your academic.

Hamza Qayyum Thank you for giving me hope btw are you also an applicant?

 

[aqibaqib363]

I don't think genuine applicants are receiving rejections. And of course, if there is a long history of people abusing system by fraud from a specific country, then IRCC has to scrutinize more. So, little bit unfortunate for genuine applicants. But totally fair on IRCC part. And I wouldn't worry if you're a genuine applicant.

Are you also an applicant? Or thinking to apply?

 

[aqibaqib363]

Hi, Aqib I am Nadir a Pakistani citizen born and currently living in Saudi Arabia.
Just to inform you Pakistani Study permits has a high rejected rate due to there Purpose of visit to Canada (Many students plan to study in Canada and then flee that's why the IRCC have to confirm that they are a genuine student)
according to your case, I highly suggest don't use SDS to apply through the Non-SDS stream. If your father is providing you the entire fee you should use your dad's bank statements which show that you have enough funds to live and study in Canada for the entire year and property documents under your father's name or mother's name. another thing is that you should have a strong sop which shows why you didn't choose Pakistan, why you want to study that course in Canada and how will it benefit you in you country of citizenship show your strong ties with your family and Pakistan
if you need any help email me on hassannadir14@outlook.com

Hi, i am from Pakistan, they don't reject the applications with valid reasons, make sure you have strong ties with your country, have a good financial statement, good marks in ielts and overall your academic.

How can I prove home ties? All property is under the name of my father.
Can my father give me some property and then I will write that he has gifted me? Will that be fine?

 

[aqibaqib363]

Isnt everyone technically doing this, 90% of the people going to study in Canada go with an intention to settle down (legally) via EE route. However, we are forced to make statements about returning back home after studies.

I think as long as the transfer of property is done legally, there should not be any problem. They should consider this as a valid asset OP holds.

Can I ask my father to give me some property and then I can say the he hasn’t gifted me?

 

[GandiBaat]

The general perception of the public is that the PA couldn't cut it through or is not meritorious enough to clear the S1 visa but the irrationality of the visa offices and their officers are not highlighted at all or accepted at all these days. I've seen many talented people getting affected by this loophole in the system bearing no mistake of theirs and yet some weaker profiles manage to fluke it through.

When I discussed the student visa issue like this with my lawyer (a former IRCC VO and also they also teach immigration law at a national level university), they told me this : "VOs are not supposed to be career counsellers or university admission officers; they don't have the training for that."

VOs are trained in immigration matters and should judge that only. Time and again, judgements from Judicial review has reinforced that message (such as the one posted above) but trouble is, it is costly to get a judicial review. A lawyer will charge CAD 5000 to just write the response to PFL only.

Not to mention, there is not a parity between a decision done for inland and outland applicants. An inland applicants only need a study permit while an out of canada applicant ALSO needs a TRV. The impact of this is that a TRV application also asks for more details (family, travel history etc). A VO has more things to look into and perhaps more points to reject the application.

 

[GandiBaat]

Can I ask my father to give me some property and then I can say the he hasn’t gifted me?

You can ALWAYS ask your father to move property in your name. That is NOT an issue, its YOUR FAMILY's property. NO ONE can dictate what you do with it.

Issue will arise when you will mention "I have property in Pakistan/Saudi" in your student application. You are just a student who has completed his schooling. So clearly, it is NOT coming from your earnings. Otherwise you will have to prove that it is from your earnings. So, it is coming from someone else -- even if they are your immediate family. That will raise a doubt. If it is not a property that you have bought yourself, how much invested you are into it? Can it be an evidence of ties to your home country? If you got it from your family can you give it back? An exception to this MAY be (I am not sure) inherited property -- usually after the original owner has passed away. That has a clear cut case that you own an inherited property in your own country and hence it can be argued that it is establishing financial ties with your home country.

See? Where this goes?

IMHO a better evidence of ties will be to show that you have a major part of your family outside Canada.
If your family owns a family business outside Canada, you can argue that you will return back to manage it after your education in Canada.
If possible, travel to few of "five eye countries" and leave well before your visa expires -- it creates positive travel history and a pattern that you respect visa norms.