Got an active Express Entry profile while applying for Study Permit - Help needed

[yazzy51]

I am about apply for Study Permit online anytime soon. I had applied for express entry through an agency on July 2019 but my score was 378, so, of course no ITA. It's still active because i read that EE profile remains active for a year, and the agency is not responding anymore. Therefore, I have no clue if I have UCI number or not.
i) Should i mention about my EE Profile in my SOP briefly saying that I applied for EE but got no ITA and now i want to study only?
ii) Should i answer 'No' to the question if I ever applied to enter Canada in IMM 1294?
iii) If i choose to hide about my EE profile do I become fraud?

 

[bongoman]

Simple having a profile is not considered an application to enter Canada. There should be no need to mention it.

 

[bongoman]

So today I learned that people have been rejected just for having an EE profile, these rejections are invalid but to get them cancelled you of course have to go to Judicial Review which is a costly process, so dont apply for EE if you might have a plan of applying for Study Permit.

 

[Simmidas]

So today I learned that people have been rejected just for having an EE profile, these rejections are invalid but to get them cancelled you of course have to go to Judicial Review which is a costly process, so dont apply for EE if you might have a plan of applying for Study Permit.

this is a very serious issue and making me tensed. How did you come to know about it? This doesn't seem fair that just having an express entry profile leads to straight rejection.

 

[jenny_t_ng]

Hi there, to my knowledge, having an EE profile might lower your chance to get a student visa because with a student visa, you are required to return home after the study program. Having EE profile means that you are interested in staying in Canada and therefore the visa office might question the motivation to go home after your study and therefore reject your application on that ground.

You should explain very clearly in your letter that why you have an EE before, and try to convince them even though with an EE profile, you willl still return to your home country after the study program.

 

[bongoman]

this is a very serious issue and making me tensed. How did you come to know about it? This doesn't seem fair that just having an express entry profile leads to straight rejection.

It was on an Immigration lawyer's podcast. "Canadian Immigration Podcast" apparently there are a lot of flimsy rejections that dont standup in court but they know most people wont challenge them.

 

[jweekend]

this is a very serious issue and making me tensed. How did you come to know about it? This doesn't seem fair that just having an express entry profile leads to straight rejection.

Of course it is fair

https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/section-216.html

216 (1) Subject to subsections (2) and (3), an officer shall issue a study permit to a foreign national if, following an examination, it is established that the foreign national

• (a) applied for it in accordance with this Part;
• (b) will leave Canada by the end of the period authorized for their stay under Division 2 of Part 9;
• (c) meets the requirements of this Part;
• (d) meets the requirements of subsections 30(2) and (3), if they must submit to a medical examination under paragraph 16(2)(b) of the Act; and
• (e) has been accepted to undertake a program of study at a designated learning institution.

So if it cannot be established that you will leave Canada at the end of your study permit, then your permit will be rejected. The visa officer cannot establish that someone will leave canada since he or she has intentions of staying due to having a EE profile. It is within their power to do so. If you think it is unfair, you can contest it in Canadian courts

 

[bongoman]

It is actually not fair/proper according to the lawyers and gets overturned when challenged in court but it is what it is.

 

[Trox23]

I am about apply for Study Permit online anytime soon. I had applied for express entry through an agency on July 2019 but my score was 378, so, of course no ITA. It's still active because i read that EE profile remains active for a year, and the agency is not responding anymore. Therefore, I have no clue if I have UCI number or not.
i) Should i mention about my EE Profile in my SOP briefly saying that I applied for EE but got no ITA and now i want to study only?
ii) Should i answer 'No' to the question if I ever applied to enter Canada in IMM 1294?
iii) If i choose to hide about my EE profile do I become fraud?

Hi in the same situation as you. What did you do in this case?