I had previously submitted an application for EAP (English for Academic Purposes) with the end goal of receiving a Diploma in Accounting. I work for the Ministry in Kurdistan Iraq. My application was denied last week under the grounds of family ties. I do have a brother here in Canada but he was sponsored by his wife. Perhaps this may be the case. Would it be possible to perhaps have my brother write a notarized document pledging my return to Iraq and not providing any support for me while I finish my studies? I provided a letter from my bank confirming USD 40k in my Bank. A letter of upgrade from my employer/ pledging my return. I will be returning to work under the English Department once I get my Diploma. I am divorced but have custody of my son here in Iraq. I am 34. I did not show proof of property but I do have one. I will provide this as well. I had thought my pledge from employer was enough but do you have any advice ?
Study Permit Denied - Family Ties
- Thread starter Erbil
- Start date
Order GCMS notes for full reasons. Was that the only reason for refusal? A notarized letter from your brother will not make a difference as he can’t force you to return after your studies. Your profile seems strong except for having to complete an EAP first. Do you have guaranteed admission to the accounting diploma or only the EAP?
Thank you very much. I have ordered the notes. I am still waiting for an update. My refusal letter states as is
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.
My understanding is i have to finish EAP first beforehand. I only have secondary diploma (High school) here in Iraq. I am planning to reapply. Maybe I could apply for the Diploma only as this will save me some time. I've been working with the Ministry for over 10 years so this is a great opportunity for me I just don't want to lose it.
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.
My understanding is i have to finish EAP first beforehand. I only have secondary diploma (High school) here in Iraq. I am planning to reapply. Maybe I could apply for the Diploma only as this will save me some time. I've been working with the Ministry for over 10 years so this is a great opportunity for me I just don't want to lose it.
So your EAP is required or do you meet language requirements without it for the the diploma program? If you don’t need to take the EAP then get admission for the diploma program. Then reapply. Your biggest hurdle is that your brother is PR in Canada, which you can’t change so you need to strengthen your profile. Did you include an SOP on why you need to take a accounting diploma in Canada? Given you are 34 with a high school diploma, officers may be wary that you are coming to Canada and not trying to remain in the country. Your son is remaining in Iraq?
tbh, i sometimes feel Visa officers throw a dice and then send the refusal reason based on that.
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EAP is required. I did submit a SOP. I explained that I have worked with the Ministry for over 10 years as an Accounting Assistant. I was explained that the Ministry is opening an English Branch and based on my experience I could secure a seat only with the right credentials. I have letter of employment explaining this in length. I have a son in Kurdistan Iraq who is 10 years old. I support him and have custody. I would be having my parents care for him until I return but I will leave funds for him. Just in a very sticky situation because my brother is there in Canada.
This is called a Judicial Review, and not really taking IRCC to court. The judge determines whether the rule of law was applied to the refusal. Even if you receive a positive review from the judge, the file goes back to IRCC for review. Seen on the forum where the Judicial Review is in favour of the person but when the file is reviewed again, the person is still denied a student visa.
OP - I hate to ask but is your sister-in-law a born Canadian citizen or how did she get her citizenship. Iraq is a country where people claim asylum on entry. Not in your situation but this is most likely one of the reasons since you have a brother in Canada. Order GCMS notes before applying again.
My sister in law was born and raised in Canada. I am living in the Kurdistan Region of Iraq (Arbil) and quite honestly living conditions are great here. We don't have any problems and I'm quite financially stable. My brother married and moved to Canada based on his wifes preference but he could have easily stayed back home and have her live here. I'm sure places within Iraq such as Mosul or Baghdad are a little more skeptical but where I'm at there is little to no concern of any threats or worries. I did request notes on Jan 13 but I'm sure it's too early to get them back yet.
There are huge numbers of people filing for asylum from Kurdistan all over the world so there are large concerns that you will not return to Canada. The fact that you are going to spend such a large amount on an accounting diploma when you have worked in accounting for the government for so long doesn’t make any sense. There are also many courses, including university courses, that will offer you better English language learning in Kurdistan.
I definitely understand where you are coming from and you seem to move some valid points. However, I have writing from the Ministry explaining that they are opening a new English branch in Kurdistan Iraq. This is one of the very first and there is no English firms that offer the education I would require. I don’t have a diploma because I was a assistant but this is a great opportunity for me as my English is well but I just need the credentials to work in this new branch.
You aren’t even attending an English diploma program just EAP. There are lots of English learning centres in Iraq and you seem to have a good command of the language. Using all your savings to study in Canada doesn’t make a lot of sense. Given the large number of applicants applying for asylum and trying to leave Kurdistan it will be an uphill battle to justify that you want and need to go to Canada to improve your English.