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Student Visa Canada Refusal for Undergraduate degree

janesama

Hero Member
Aug 14, 2020
488
189
Category........
WP
Job Offer........
Yes
App. Filed.......
22-04-2022
Med's Done....
13-08-2020
LANDED..........
16-11-2020
I got a reply before this rejection that my IELTS result was fake and I had misrepresented it and I had a deadline to take action from my side before 20th October 2020. But I got a refusal before that on 5th Oct.

This was the following Visa query I received before my rejection:

"This refers to your application for a temporary resident visa to Canada. I have reviewed your application and documents you submitted in its support. Subsection 11(1) of the Immigration and Refugee Protection Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.

I have concerns that you have not fulfilled the requirement put upon you by section 16(1) of the Immigration and Refugee Protection Act, which states:

16(1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

Specifically, I have concerns that you may be inadmissible for misrepresentation. The IELTS document that you submitted in support of your application was verified and confirmed to have been improperly obtained.

Please note that if it is found that you have engaged in misrepresentation in submitting your application for a temporary resident visa, you may be found to be inadmissible under section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five years according to section 40(2)(a):

40(1) A permanent resident or a foreign national is inadmissible for misrepresentation (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act

40(2) The following provisions govern subsection (1): (a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of determination in Canada, the date the removal order is enforced.

I would like to give you an opportunity to respond to this information. I will afford you 90 days from the receipt of this letter to make any representations in this regard. "
I have an impression that this situation means nothing to you. You cannot fix it by just changing your university and program choice. You should clear up this misconception or it would result in a ban for applying for the next 5 years. Is the officer correct? Did you indeed falsify your IELTS results? If not, you must sort it out before making any more applications. Contact CanadaVisa firm that represents this forum, they will be of more help than all of us are
 

Laguna55

Hero Member
Jul 19, 2020
399
132
If your ILETS is fake then no point hiring lawyers etc, it is automatic ban for 5 years. If IRCC has made a mistake then you can certainly get your application re-considered.
 

mvadher

Full Member
Sep 4, 2020
25
2
That is true if you haven’t registered and started taking the courses. It seems as OP has been studying for 1.5 months. Had he not registered and “attended” classes he would be entitled to a full refund. He’ll/she’ll need to speak to the university.
I see thanks.
 

mvadher

Full Member
Sep 4, 2020
25
2
Do not apply again until you get GCMS notes. Your case seems like no ordinary refusal because of this:
• 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 history of having contravened the conditions of
admission on a previous stay in Canada.


You might need to hire an immigration lawyer from Canada because it is hard to convince an officer that you won’t overstay just on your own if you ever violated your visa conditions before
I know my situation is quite different, that's why I asked for help on forums. Thanks for your advise <3
 

mvadher

Full Member
Sep 4, 2020
25
2
If your ILETS is fake then no point hiring lawyers etc, it is automatic ban for 5 years. If IRCC has made a mistake then you can certainly get your application re-considered.
Yes my results are genuine, so I am not afraid of the ban, hence I'll apply again for Jan 2021.
 

mvadher

Full Member
Sep 4, 2020
25
2
I have an impression that this situation means nothing to you. You cannot fix it by just changing your university and program choice. You should clear up this misconception or it would result in a ban for applying for the next 5 years. Is the officer correct? Did you indeed falsify your IELTS results? If not, you must sort it out before making any more applications. Contact CanadaVisa firm that represents this forum, they will be of more help than all of us are
No I didn't falsified my IELTS result, this is a mistake. But I don't know how can I sort it out, I contacted britsh council many times, but they refused to intervene in this matter. And yes, thanks I'll contact the CanadaVisa firm now.
 

janesama

Hero Member
Aug 14, 2020
488
189
Category........
WP
Job Offer........
Yes
App. Filed.......
22-04-2022
Med's Done....
13-08-2020
LANDED..........
16-11-2020
No I didn't falsified my IELTS result, this is a mistake. But I don't know how can I sort it out, I contacted britsh council many times, but they refused to intervene in this matter. And yes, thanks I'll contact the CanadaVisa firm now.
Also, where did you take your IELTS? I guess it then might have been an issue with your testing cite. My friend took TOEFL once and her speaking section was zero because something was broken with a computer (and she learned about it only when the results were out). Write also to whatever head office is in the country you took your test in and reach out to testing cite just in case. Hope this misconception would be resolved soon!
But still reach out to the firm regardless, they will help with communicating IRCC in the meanwhile and after you will get a resolution :)
 

mvadher

Full Member
Sep 4, 2020
25
2
Also, where did you take your IELTS? I guess it then might have been an issue with your testing cite. My friend took TOEFL once and her speaking section was zero because something was broken with a computer (and she learned about it only when the results were out). Write also to whatever head office is in the country you took your test in and reach out to testing cite just in case. Hope this misconception would be resolved soon!
But still reach out to the firm regardless, they will help with communicating IRCC in the meanwhile and after you will get a resolution :)
I took my IELTS test in Ahmedabad, Gujarat, India. And i really can't head to the test site as it was a temporary hall for exams, so officially I need to go to head office in my country.

Thank you so much for your concern.
 
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janesama

Hero Member
Aug 14, 2020
488
189
Category........
WP
Job Offer........
Yes
App. Filed.......
22-04-2022
Med's Done....
13-08-2020
LANDED..........
16-11-2020
I took my IELTS test in Ahmedabad, Gujarat, India. And i really can't head to the test site as it was a temporary hall for exams, so officially I need to go to head office in my country.

Thank you so much for your concern.
keep us updated, this thread can be useful for people in the future if you would rename it to something like "IRCC says my IELTS is fake, but they are wrong"
 

janesama

Hero Member
Aug 14, 2020
488
189
Category........
WP
Job Offer........
Yes
App. Filed.......
22-04-2022
Med's Done....
13-08-2020
LANDED..........
16-11-2020
how can I rename it?
actually yea, I just tried to rename mine and it is impossible :( maybe when you'll get any new info you can just create a new thread and leave a link to this one in the description along with what is going on
 

primaprime

VIP Member
Apr 6, 2019
3,387
884
I don't get it, can you please explain me?
"based on your history of having contravened the conditions of admission on a previous stay in Canada" pretty clearly indicates that you have previously been to Canada and overstayed your visa or otherwise violated the conditions of your stay. They don't give you that reason because of your IELTS score.