Can a previously rejected student visa app jeopardize family sponsorship?

[ksin86]

Hi Everyone, I'm sponsoring my common-law partner but she has a bunch of previously held visas including a rejected student visa 3 years ago where the immigrations officer accused her of trying to stay in Canada for "too long".

In SCHEDULE A (BACKGROUND / DECLARATION) for the sponsored person, in question 6 there are a bunch of checkboxes asking "YES / NO".
Checkbox "d)" asks:
Have you ever - been refused refugee status, an immigrant or permanent resident visa or visitor or temporary resident visa, to Canada or any other country?

- The question above does not mention anything about student visas. Can I safely check "NO" for this question? I'm worried that a student visa is considered as a "temporary resident visa" as well.

Chain of events:
(2008 ~ 2009)
1. Landed in Vancouver on working holiday visa: Studied for 2 months then worked for the remaining 10 months.
(2009 ~ 2010)
2. Changed to temporary resident visa, successfully extended 2 times for a total of 1.5 years (showing bank statements etc) : travelled around canada
3. Got accepted to a school and applied for student visa with acceptance letter -> immigrations officer rejected accusing her of staying in Canada for "too long" (even though she had funds and the letter)
(2010 ~ 2011)
4. With a lawyer, with a company sponsoring, applied for work visa, got accepted and worked for another year.
(2011 ~ present)
5. Moved to Japan with me and have been living here for the past 2.5 years, now applying for spousal visa outland. To come back to Canada aiming to get PR.


On a sidenote, I don't know if this matters at all, but a month after applying outland, we're planning to move back. Myself, as a citizen, and her as a visitor with me. She'll be extending her visitor visa or travelling back and forth to Japan while waiting for PR.

Thanks again!

 

[Rob_TO]

IMO, you can check "no" for that box. As far as I know there is no such thing as a study visa to Canada. There is only a study permit. She was rejected for a permit... not for a visa.

A temporary resident visa is something that only non-visa-exempt people need to apply for. A Japanese citizen is visa-exempt, so they would never need to apply for a TRV. If she was ever rejected as a visitor while trying to enter Canada, then you would need to state "yes". But since she was only denied the permit yet still was able to maintain her visitor status in Canada via some other means... I don't think this question applies.

I'm not completely sure though, so hopefully others can advise.

 

[ksin86]

Actually that totally made sense. I'm beginning to think that TRV is not an umbrella term that covers study permits.
You're right, it's not a visa! It's a permit.

Thanks for clearing that up for me. I agree and feel safe marking it as "no".

 

[scrls5]

Actually that totally made sense. I'm beginning to think that TRV is not an umbrella term that covers study permits.
You're right, it's not a visa! It's a permit.

Thanks for clearing that up for me. I agree and feel safe marking it as "no".

I would argue that a Study Permit allows you to study in canada while a visa allows you to *enter* canada to study.
I had a similar situation like you, and I did marked that I had a visa refused and explained with more details on an attached letter.

Note: It hasnt affected me at all, after getting that study visa/permit refused: When that happened I immediately reapplied providing more evidence and was granted; 2 years later I applied for a TRV and granted as well; so its not a deal breaker. I marked yes on that form again when submitted for PR ¯\_(ツ)_/¯

 

[ksin86]

Thanks for your input too. I'll keep that in mind.

 

[charliem]

I think a study permit allows one into Canada temporarily (a temporary visa). Even when you mention that you have never been denied a visa, CIC can see everything.

Trouble is if it turns the study permit falls in that category--a 'NO' would count for misrepresentation.

 

[mikeymyke]

You should put YES, and write an explanation. It's better to "misrepresent" in a positive way, by "mistakenly" writing YES if it's really a NO, rather than writing a NO, when it's really a YES, you know what I mean?

I'm 99% sure you have to put yes, because I know CIC looks negatively towards people who have repeated student visa rejections.

 

[canadianwoman]

Hi Everyone, I'm sponsoring my common-law partner but she has a bunch of previously held visas including a rejected student visa 3 years ago where the immigrations officer accused her of trying to stay in Canada for "too long".

In SCHEDULE A (BACKGROUND / DECLARATION) for the sponsored person, in question 6 there are a bunch of checkboxes asking "YES / NO".
Checkbox "d)" asks:
Have you ever - been refused refugee status, an immigrant or permanent resident visa or visitor or temporary resident visa, to Canada or any other country?

- The question above does not mention anything about student visas. Can I safely check "NO" for this question? I'm worried that a student visa is considered as a "temporary resident visa" as well.

You have to put yes.
Do not put no. If you put no, at least you will delay things while the visa officer checks it out. At worst, she will be accused of misrepresentation. Yes, a refused visa of any type for any country can have an effect on a PR spousal application, but trying to hide it only makes things worse,. The visa office will find out she has applied for the study permit, as it will be on her file. One failed application is not a disaster, in any case.
As the previous poster said, saying yes even if no would have been OK, is much better than the other way around. However, I am sure you have to put yes here anyway.

 

[dhami_u]

My wife had been refused student visa 2 times. When I applied her sponsorship my lawyer told its best to be honest and tell them everything. In her case she still had the refusal letters. Once rejected in 2009 and another in 2011. We put the refusal letters with the main application.

It did not effect the application her refusal's. Applied for her in April 2013 and visa issued last week ticket already booked. My timeline is on left for exact dates

 

[lovey09]

hello .
bai je mere wife da vi 3 vaar study permit refuse hoya hoya...mai march 25, 2014 nu apply kita and declare vi krta rejection bare application ch..koi problem tn ni aundi rejection krke , file de vich...and kina k time lg janda total . athe aan lai????

 

[ksin86]

To sum this up, a visa and a permit are totally different things.

My partner has received PR and everything went well.

Thanks all again!

 

[singhGrewal]

Hi Guys
I filled my spousal visa application myself, I was refused study visa Canada in 2011 , and while filling background check form I wrote No , on a question about any previous temporary visa rejection to Canada as I was under the impression study visa is not mentioned, Is there any way I can write letter to Cic and intimate them , I was refused once. My file just transferred to NDVO and processing not started yet.
Will it have any bad affect on my spousal visa application as I never want to hide anything.

 

[scylla]

Hi Guys
I filled my spousal visa application myself, I was refused study visa Canada in 2011 , and while filling background check form I wrote No , on a question about any previous temporary visa rejection to Canada as I was under the impression study visa is not mentioned, Is there any way I can write letter to Cic and intimate them , I was refused once. My file just transferred to NDVO and processing not started yet.
Will it have any bad affect on my spousal visa application as I never want to hide anything.

You should have answered "yes" since you were refused a visa to Canada. Yes - this can have a negative impact on your application and result in refusal - even a misrepresentation ban. You should contact NDVO as soon as possible to correct this error. I would contact them first via email to let them know about the error and to say that you misunderstood the question. I would then follow up by mailing in a corrected form to them with the right answer - include a cover letter than explains why you are submitting a new form.

 

[singhGrewal]

Thanx scylla for your valuable reply, If I intimate them in writing will my changes acknowledged by CIC NDVO and my file processed normally. Do I also have to write to CIC mississauga.

 

[singhGrewal]

Hi I have sent my updated background check to NDVO with a cover letter stating it was an error from my side while understanding the question,I haven't recieved the file number yet from New Delhi, as second stage processing not started yet.
Is it alrite that I informed them or still they will take it as misrepresentation.