I understand, but I think IRCC is making a mistake this time in their assessment, when I showed IRCC in 2019 that I would return to Sweden, my status was about to expire in 30 days and by the time I was studying in Canada, my status in Sweden expired, because, for students, Sweden gives only 1 yr temporary residence status even though the Master's degree is of 2 yrs. I had to apply to restore my status to return to Sweden after my exchange in Canada. Why did not IRCC consider the fact that I could have stayed back in Canada after the exchange, withdrawn from my studies in Sweden, started studying for degree in Canada, because R215 of Canadian Immigration and Refugee Protection Regulations(IRPR) allows that? Why did not they believe that I would return to UK after studying in Canada?Let's see what the court decide.
BVL received, How long for ppr?
- Thread starter Harshit20
- Start date
What PGD are you applying for at Seneca? When did you graduate from your masters? After doing 2 masters degree and one relatively recent it doesn’t make sense to go to college to do a PGD.
The fact that Sweden only allows a 1 year study permit and the fact that if you were granted a study permit to study for the first year of a masters degree there is an extremely high likelihood of you being granted a second study permit to finish your degree. If your marks had been very poor in your 1st year of your masters degree in Sweden and there was a risk you wouldn’t complete your masters degree it would have likely been much harder getting a study permit to take part in a semester exchange in Canada. There isn’t a straight path to remain in Canada as an exchange student. You would have needed to apply to get accepted into the masters program and you would have been evaluated like you have been for this current degree. Most people will not abandon a masters course after spending so much time and money completing over half the course.
Of course you have the right to apply for JR. it is an expensive endeavour. There are still quite a lot of bug concerns about your application. Whether your choice of program and your return to school makes sense based on your previous education and work experience and whether it will lead to career advancement will be one concern and the next are your ties to your home country and the proof that you will not remain in Canada.
I agree with you in principle. I graduated recently in Sweden and started working. A PGD at Seneca may not make sense if we look at it apparently, but my main point in SOP was, I am looking for a career change, the PGD at Seneca has a direct entry into a Masters program in the UK after completing my studies in Canada, I am planning to leave for the UK because it is easier to advance my new career there because the UK is an English speaking country. I have not seen the GCMS notes till now. But I believe that IRCC is misinterpreting the Immigration and Refugee Protection Regulations(IRPR) specific to my case because the law only says the applicant has to leave Canada after studies but does not stay to return to the country of citizenship.
Thank you so much for your detailed and thorough explanation, noted, thanks for your help.
Without having residency status in the UK there is no proof that you will be able to move to the UK. If you already had residency status in the UK you could argue that returning to the UK versus your home country are similar. Is there not a similar PGD in the UK or India? The fact that you already have 2 masters degree and have only very recently finished the 2nd masters degree and you have plans to pursue another masters degree will be considered. There will be concerns that you may not get a study permit from the UK for a 3rd masters degree and there will be concerns that you haven’t worked very long in your current profession and you are already seeking to change professions and going backwards and taking a college PGD. Your longterm plans in the UK won‘t necessarily be considered because there are no guarantees that your long term plans will come to fruition. Whether a PGD from Canada makes sense given your work and education history and whether it makes sense to go back to school at this point after completing 2 masters degree and spend a significant amount of money to attend a school in Canada will be evaluated. You haven’t given your complete profile so it’s impossible to know what type of PGD you are trying to pursue. Without knowing your financial status it is also impossible to comment. If you have unlimited funds and can be a student for the rest of your life without needing to work then your pursuit of so many degrees in a row would be considered differently than most of the world where whether it makes sense to study in Canada given the significant cost is a consideration.
I think JR is better for me than reapplying. I can argue my case. In addition, I wanted to note that, that IRCC officers use this procedural manual to decide an application: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html
So even I have been refused as per this manual by IRCC, this manual is only derived as guidance from the Canadian Immigration and Refugee Protection Act(IRPA) and Canadian Immigration and Refugee Protection Regulations(IRPR), but not the written legislated law of the Canadian Parliament. which says that I have to leave Canada. Here is the law: https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/section-216.html
Hi, just for understanding your situation:
What is your current residency status in Sweden? Contract or permanent job? Since currently you are working in sweden, why did you mention in your SOP that you will leave for UK? Do you possess any residency status in UK?
Thanks, very well explained, let's wait for the GCMS notes, sorry for not telling earlier, I applied for PGD in HRM at Seneca College. Thank you so much.
Thanks for the question. My residency status is temporary and the job is contractual because I graduated recently. No, I have never lived in the UK and have no residency status there.
There are some situation in appicant profile that may override your SOP consideration. The fact that you hold Masters Degree one from India and other from Sweden, I dont see relevancy for doing certificate program in Canada for whatsover reasons. Lets be honest, you are looking to Immigrate. In my opinion, reasons for your rejection is choice of program and whether you are genuine student. I have read one determination for one applicant in similar situation appealing IRCC officer’s decision and he lost JR. ( It doesnt mean you’ll lose too). In most situation, VO receives JR resolution to rely on future decision. You may need to do your research before paying a lawyer.
To say that why VO did not refuse your application in 2019, doesnt mean VO cant refuse now following new facts. It doesnt mean once you were approved, always approved. NO. Your first SP was exchange program, whereas reputation of your University gives you added advantage to your application. If you are below 33yrs old, and you intend to Immigrate, why not EE
Your SOP, you meantioned that you want to return and get permanent residency in any European Country, correct me if im wrong. If you put that narration, its possible you wont leave Canada due to same standard of living. Or the question is, if you want to secure PR in EU, why not studying Certificate program in any EU country? Why Canada?
I believe you have a genuine travel history that has focused on studies. However, based on my understandings, I can see some flaws in current SOP that you have drafted for your SP application.
An immigration officer should not be concerned over your future work plans whether you seek an employment in your home or abroad. BUT in your SOP, you are clearly promising that after completing of your studies, you will leave Canada to UK (where you actually cannot). At the time of your studies in Canada, your only residency status is your nationality in India which you mentioned no where.
You have made it very easy for that immigration officer that after the completing of your studies you can only travel to India but you dont want.
Thanks for the detailed reply. I do not intend to stay in Canada,if that's was the case,I would have done before as per the provisions of R215 of Canadian Immigration and Protection Regulations.
Yes you are correct. I have not got the GCMS notes yet, but you raised very relevant questions, why not study here in Europe, none of these questions are addressed in the SOP.
Yes I agree, I have not got the GCMS notes yet, but I think the SOP has not addressed any of these questions, but it is difficult to write everything in a two page SOP.
Exactly. You can only say i will return to the country other than my country of nationality only if you have status or citizenship. OP speculated going to the UK where he doesnt have any status. That doesnt look good to any VO