Dual Intent can be rejected student visa?

[sb22651]

How is single intent grounds for refusal?

If your single intent is to immigrate, with a PR application and a study permit application, then your study permit application will be refused.

 

[sb22651]

Reading through this persons earlier comments, it seems he advocates people to study and go back to home country and not use it to get points to qualify for PR. Anyone doing this is wrong.

You realize that a study permit is for a temporary stay, eg from xx/xx/xxxx to yy/yy/yyyy

If the applicant is not leaving at the end of that time period, the permit would be refused, right?

 

[itsmecan]

You realize that a study permit is for a temporary stay, eg from xx/xx/xxxx to yy/yy/yyyy

If the applicant is not leaving at the end of that time period, the permit would be refused, right?

I hear you, but I think you are getting it wrong. There is absolutely nothing wrong with people wanting to get an additional degree to get more points to immigrate. Think of it like someone doing a masters to get a promotion. The ultimate intention is to get that promotion. Employer wont tell him that since his only intention was promotion he wont consider his newly acquired qualification. These two definitely can go hand in hand. IRCC mentions that clause from a legal standpoint to ensure it is clear that without a legal status in Canada, you would leave at the end of your stay.

 

[sb22651]

I hear you, but I think you are getting it wrong. There is absolutely nothing wrong with people wanting to get an additional degree to get more points to immigrate. Think of it like someone doing a masters to get a promotion. The ultimate intention is to get that promotion. Employer wont tell him that since his only intention was promotion he wont consider his newly acquired qualification. These two definitely can go hand in hand. IRCC mentions that clause from a legal standpoint to ensure it is clear that without a legal status in Canada, you would leave at the end of your stay.

That is where you're wrong. IRCC cannot assume that you will have legal status after your temporary stay. Study permit and pgwp/pr does not go hand in hand.

You cannot think that applying for a study permit means you will be guaranteed a pgwp. That why these students fail to get a study permit, because they think that applying for a study permit means guaranteed a pgwp.

Let see some examples of poor applications and why IRCC doesn't consider you will be guaranteed a pgwp

If you have poor grades = high likelihood of dropout during course = no longer eligible for pgwp

1 If you have insufficient funds = cannot pay for living expenses and tuition = likely lead you to suspension/leave and you might quit school too. Then you won't be eligible for pgwp anymore

2 If you have insufficient funds = you need to spend most of your time working part time = cannot focus on studies. Same thing, you might fail your course and find yourself ineligible for pgwp

3 if you have a large education gap = same thing, it's harder for you to follow courses if your previous time as a student is years ago = not do well/likely fail or dropout

If you have weak ties to home country = where can you go after your stay? You don't want to go back and you cannot stay.

 

[itsmecan]

That is where you're wrong. IRCC cannot assume that you will have legal status after your temporary stay. Study permit and pgwp/pr does not go hand in hand.

You cannot think that applying for a study permit means you will be guaranteed a pgwp. That why these students fail to get a study permit, because they think that applying for a study permit means guaranteed a pgwp.

Let see some examples of poor applications and why IRCC doesn't consider you will be guaranteed a pgwp

If you have poor grades = high likelihood of dropout during course = no longer eligible for pgwp

1 If you have insufficient funds = cannot pay for living expenses and tuition = likely lead you to suspension/leave and you might quit school too. Then you won't be eligible for pgwp anymore

2 If you have insufficient funds = you need to spend most of your time working part time = cannot focus on studies. Same thing, you might fail your course and find yourself ineligible for pgwp

3 if you have a large education gap = same thing, it's harder for you to follow courses if your previous time as a student is years ago = not do well/likely fail or dropout

If you have weak ties to home country = where can you go after your stay? You don't want to go back and you cannot stay.

I was referring to the current topic about dual intent. You are referring to eligibility, again two different things. Off course, the person wanting to go on SP has to complete his studies in accordance with the visa regulations to get further benefits like PSWP. It was be very dumb of the person to spend so much money and stay back illegally.

You would be surprised at how many people actually complete education at later stages of life especially in the west. Its not like Asian countries where general assumption is you can only study when you are young which is mostly sponsored by parents, then get into the rat race and eventually die. Most people in west have to pay for their higher studies on their own and hence the gap. Besides, programs like MBA is 10 times better if you have hands on management experience. You will understand the concepts so much better.

But again, its all about perspective, you want to think negatively go ahead but there are others who know how to positively reap benefits out of this.

 

[Simba112]

No. having a PR application in process is not grounds for refusal of a study permit. You're making things up. Even your links doesn't state that. You're making assumptions.

Your study permit is reviewed on the basis of the documents submitted on your study permit application. But if you're not using it to study, ie you're using a study permit to immigrate and stay in Canada, then there is no intent of studying. Therefore it's single intent as you're not going to comply with the regulations of the study permit. Your PR application is irrelevant in this case.

1st intent: immigrate through PR application

2nd intent: study on a temporary study permit <- this is not satisfied.

Again you are off topic and I dont make things up, neither conclude having PR application is the ground for refusal but applicant can overcome that notion through SOP and VO applies guideline to make determination. VO relies on documents submitted, past Visa history, info pool and any immigration record on account. Not just documents submitted. I standby my intepretation and keep yours. Matured way to agree and disagree…..

 

[Simba112]

If your single intent is to immigrate, with a PR application and a study permit application, then your study permit application will be refused.

This is not true. Again you refuse about dual intention on previous posts and agree on this one. I quote what you wrote post #14 of this thread
“Having PR application on file is not grounds for study permit refusal”

and you posted on # 16, copy below
“If your single intent is to immigrate, with a PR application and a study permit application, then your study permit application will be refused.”

so which is which? You are either too negative, and like to debate or you are out of your mind and forget your own narration. Adios

 

[sb22651]

This is not true. Again you refuse about dual intention on previous posts and agree on this one. I quote what you wrote post #14 of this thread
“Having PR application on file is not grounds for study permit refusal”

and you posted on # 16, copy below
“If your single intent is to immigrate, with a PR application and a study permit application, then your study permit application will be refused.”

so which is which? You are either too negative, and like to debate or you are out of your mind and forget your own narration. Adios

I did not say your study permit will be refused because you have a PR application. Your study permit will be refused if your only intent is to immigrate, regardless if you have a PR application in process or not. Try to read it properly before commenting.

and you posted on # 16, copy below

“If your single intent is to immigrate, with a PR application and a study permit application, then your study permit application will be refused.”

Lol. Even if you have 3 or 4 or 5 different applications and all of them you're using to immigrate, it's definitely only single intent. No matter how many applications, your study permit is still evaluated based solely on your study permit.

 

[sb22651]

I was referring to the current topic about dual intent. You are referring to eligibility, again two different things. Off course, the person wanting to go on SP has to complete his studies in accordance with the visa regulations to get further benefits like PSWP. It was be very dumb of the person to spend so much money and stay back illegally.

It's not up to me to decide if the person is going to complete their studies in accordance to the visa regulations. The VO are more knowledgeable and they know better if the person is genuine or not. It just strikes me as odd that someone would get so surprised at their refusal when it's lacking in purpose and means to study.

And it's not about 'spending so much money and staying back illegally', its not going to study or having difficulties to study because of financial or academic problems.

Lacking purpose, lacking sufficient funds, lacking academic background or apply to inappropriate course are all legitimate reasons for refusal.

Also, I have never seen someone getting their temporary permit refused because of 'having a PR application in process'.

 

[wonderbly]

It's not up to me to decide if the person is going to complete their studies in accordance to the visa regulations. The VO are more knowledgeable and they know better if the person is genuine or not. It just strikes me as odd that someone would get so surprised at their refusal when it's lacking in purpose and means to study.

And it's not about 'spending so much money and staying back illegally', its not going to study or having difficulties to study because of financial or academic problems.

Lacking purpose, lacking sufficient funds, lacking academic background or apply to inappropriate course are all legitimate reasons for refusal.

Also, I have never seen someone getting their temporary permit refused because of 'having a PR application in process'.

I don't know if to agree with you or disagree .

Your arguments are all over the place and you seem to flip flop on opinions. It could be the way you present them though.

I however agree with you on the point you raised in this particular post about VO being knowledgeable and legitimate grounds for refusal. On your points regarding dual/single intent - not so much.

 

[wonderbly]

It's not up to me to decide if the person is going to complete their studies in accordance to the visa regulations. The VO are more knowledgeable and they know better if the person is genuine or not. It just strikes me as odd that someone would get so surprised at their refusal when it's lacking in purpose and means to study.

And it's not about 'spending so much money and staying back illegally', its not going to study or having difficulties to study because of financial or academic problems.

Lacking purpose, lacking sufficient funds, lacking academic background or apply to inappropriate course are all legitimate reasons for refusal.

Also, I have never seen someone getting their temporary permit refused because of 'having a PR application in process'.

And btw, I have seen a couple GCMS notes where the VO specifically made reference to applicant having an active EE profile/ PR application in progress. If it didn't matter, why would it be mentioned?

 

[Simba112]

And btw, I have seen a couple GCMS notes where the VO specifically made reference to applicant having an active EE profile/ PR application in progress. If it didn't matter, why would it be mentioned?

Thanks for mentioning this. I have seen it too whereas VO refers to an active EE profile on weaker profile to justify refusal. Poster is saying this and next time flip flop.

 

[itsmecan]

It's not up to me to decide if the person is going to complete their studies in accordance to the visa regulations. The VO are more knowledgeable and they know better if the person is genuine or not. It just strikes me as odd that someone would get so surprised at their refusal when it's lacking in purpose and means to study.

And it's not about 'spending so much money and staying back illegally', its not going to study or having difficulties to study because of financial or academic problems.

Lacking purpose, lacking sufficient funds, lacking academic background or apply to inappropriate course are all legitimate reasons for refusal.

Also, I have never seen someone getting their temporary permit refused because of 'having a PR application in process'.

I have no idea what to tell you, we are just going in circles. I don't know where your passive-aggressive approach comes from. Lets rest it here as clearly we both have very different way to think about this.