Minor study permit

[Maaftgbkum]

Thank you for your interest in studying in Canada. I have reviewed your study permit application and supporting documentation to assess whether you meet the requirements for a study permit (https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/eligibility.html). This includes assessing whether you are coming to Canada temporarily for the reason(s) you describe in your application. I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) (https://laws-lois.justice.gc.ca/eng/acts/I-2.5/index.html) and Immigration and Refugee Protection Regulations (IRPR) (https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/index.html). I am refusing your application.
• I am not satisfied that you will leave Canada at the end of your stay as required by paragraph R216(1)(b) of the IRPR (https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/section-216.html). I am refusing your application because you have not established that you will leave Canada, based on the following factors:
• The purpose of your visit to Canada is not consistent with a temporary stay given the details you have provided in your application.
• Your assets and financial situation are insufficient to support the stated purpose of travel for yourself (and any accompanying family member(s), if applicable).

 

[Naturgrl]

Thank you for your interest in studying in Canada. I have reviewed your study permit application and supporting documentation to assess whether you meet the requirements for a study permit (https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/eligibility.html). This includes assessing whether you are coming to Canada temporarily for the reason(s) you describe in your application. I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) (https://laws-lois.justice.gc.ca/eng/acts/I-2.5/index.html) and Immigration and Refugee Protection Regulations (IRPR) (https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/index.html). I am refusing your application.
• I am not satisfied that you will leave Canada at the end of your stay as required by paragraph R216(1)(b) of the IRPR (https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/section-216.html). I am refusing your application because you have not established that you will leave Canada, based on the following factors:
• The purpose of your visit to Canada is not consistent with a temporary stay given the details you have provided in your application.
• Your assets and financial situation are insufficient to support the stated purpose of travel for yourself (and any accompanying family member(s), if applicable).

The issue is that you, for some reason, became the legal guardian when the parents are alive. Therefore, child is not coming for a temporary visit. She is coming to live and stay in Canada. IRCC will wonder why you become a legal guardian for a child that doesn’t live in Canada, and trying to get free tuition through a school board as guardian. Your guardianship doesn’t give her the right to live in Canada. The route should have been applying for a study permit with you as a custodian.

How much in funds did the parents show? The parents are her parents and alive, so they need to show the funds. Your funds may not be considered.

 

[Maaftgbkum]

they showed 350000 rupees and i showed 50000 dollars.

 

[Naturgrl]

they showed 350000 rupees and i showed 50000 dollars.

They are the parents so need to show more money to support their child’s studies. Your funds don’t have to be considered. Your guardianship has nothing to do with funds.

 

[scylla]

they showed 350000 rupees and i showed 50000 dollars.

I agree with the above comment. Her parents' funds are unfortunately insufficient to support her studies in Canada. They would need to show a minimum of $25K in Canadian equivalent savings. And even then, it's quite possible she may be refused since this would indicate they are spending all of their savings on her studies for just one year. The math around this doesn't make sense to IRCC.

Definitely order GCMS notes before you consider reapplying. However I'm not sure it's going to make sense to apply again unless her parents can substantially increase their savings.

Good luck.

 

[Canada2020eh]

The issue is that you, for some reason, became the legal guardian when the parents are alive. Therefore, child is not coming for a temporary visit. She is coming to live and stay in Canada. IRCC will wonder why you become a legal guardian for a child that doesn’t live in Canada, and trying to get free tuition through a school board as guardian. Your guardianship doesn’t give her the right to live in Canada. The route should have been applying for a study permit with you as a custodian.

How much in funds did the parents show? The parents are her parents and alive, so they need to show the funds. Your funds may not be considered.

Adding my personal experience to the discussion. I brought my Nephew here 2 years ago to finish his grade 11&12 high school. I was his sponsor in that I provided all the funds for his studies, accommodations and living expenses, the funds shown to pay for his studies were far in excess of what was required. His parents had some savings that we showed but nowhere enough to send him here so I am sure their funds didn't enter into IRCC's processing of the app. @Naturgrl mentioned Custodianship, I was his Custodian while he was here, not his Guardian.

I mention this to show that it isn't necessarily the parents who have to show the required funds, a person here can provide the funds if IRCC thinks it is sufficient and all the other requirements are met as outlined by IRCC.

Good luck to the OP.

 

[Naturgrl]

Adding my personal experience to the discussion. I brought my Nephew here 2 years ago to finish his grade 11&12 high school. I was his sponsor in that I provided all the funds for his studies, accommodations and living expenses, the funds shown to pay for his studies were far in excess of what was required. His parents had some savings that we showed but nowhere enough to send him here so I am sure their funds didn't enter into IRCC's processing of the app. @Naturgrl mentioned Custodianship, I was his Custodian while he was here, not his Guardian.

I mention this to show that it isn't necessarily the parents who have to show the required funds, a person here can provide the funds if IRCC thinks it is sufficient and all the other requirements are met as outlined by IRCC.

Good luck to the OP.

Good summary. For some reason, OP became a legal guardian for a relative whose parents are alive. Not sure why. To IRCC, this is first point (not a temporary visit) of refusal. Child is not coming temporarily but permanently. IRCC sees this almost like an adoption of convenience, and IRCC doesn’t like this. And OP is then hoping the child to attend a public school for free.

 

[Canada2020eh]

Good summary. For some reason, OP became a legal guardian for a relative whose parents are alive. Not sure why. To IRCC, this is first point (not a temporary visit) of refusal. Child is not coming temporarily but permanently. IRCC sees this almost like an adoption of convenience, and IRCC doesn’t like this. And OP is then hoping the child to attend a public school for free.

I agree, the funds might or not have been sufficient in this case but the Guardianship issue probably was the main thing.

 

[Maaftgbkum]

May be her father could not show enough funds thatswhy it is written insufficient funds in refusal letter.

 

[Naturgrl]

May be her father could not show enough funds thatswhy it is written insufficient funds in refusal letter.

That is the reason for insufficient funds as parents need to show that they can support her studies in Canada.

 

[Maaftgbkum]

I have one more question. My consultant is asking for minor expired passport copy and current copy and visitor visa stamp pages. is this necessary for ATIP request?

 

[Maaftgbkum]

she is saying we should request for ATIP for exact reason and asking for money.

 

[Naturgrl]

I have one more question. My consultant is asking for minor expired passport copy and current copy and visitor visa stamp pages. is this necessary for ATIP request?

No. You can request ATIP notes yourself. You don’t need a consultant to order for you.

 

[Maaftgbkum]

oh i can do myself also . do i need submit any documents again?

 

[Naturgrl]

oh i can do myself also . do i need submit any documents again?

Follow the instructions for the ATIP. You are not submitting documentation for review. You are getting the full reasons for refusal from IRCC officer. In the meantime, parents should be saving their money. May be no point to reapply until their funds are more substantial.