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Student visa Refused under section: A40(1)(a).. (Requesting Seniors help)

Seema_Sinha

Star Member
Dec 4, 2012
106
2
@ Kishore4900...[___lA40(1)(a) and A40(2)(a): You are still inadmissible to Canada as a period of two years has not passed

since your prior refusal.

why did embassy mention this point in your letter. it clearly says that you cant apply now..Senior members please let us know about it...
 

Kishore4900

Star Member
Feb 8, 2013
84
0
124
Category........
Visa Office......
New Delhi
Job Offer........
Pre-Assessed..
App. Filed.......
12th Nov,2012
VISA ISSUED...
Under Process
Seema_Sinha said:
@ Kishore4900...[___lA40(1)(a) and A40(2)(a): You are still inadmissible to Canada as a period of two years has not passed

since your prior refusal.

why did embassy mention this point in your letter. it clearly says that you cant apply now..Senior members please let us know about it...
They did not mark that point, check carefully buddy.. and yeah i do need advise on how i can proceed with this information... kindly do the needful.
 

Kishore4900

Star Member
Feb 8, 2013
84
0
124
Category........
Visa Office......
New Delhi
Job Offer........
Pre-Assessed..
App. Filed.......
12th Nov,2012
VISA ISSUED...
Under Process
moorw003 said:
Unfortunately your options are somewhat limited. The 30 days to submit new information was in effect an appeal, and that appeal failed. You are now inadmissible until January 2015.

So you can now either make other plans, at home or abroad, or wait until 2015 and try applying again.
Thanks for your advise. this information will effect me if i wanted to apply to usa or any english speaking country.. and yes i cannot accept this refusal as i do not hold any fraudulent documents. i would like to know will there be a change in decision if i apply again in university category submitting a letter from all the institutions i passed out along with attested copies.
 

Seema_Sinha

Star Member
Dec 4, 2012
106
2
@ Kishore.. sorry about that...yes they did not mark that point..in that case I dont think so that you are banned for two years. you should
consult with good immigration agent/lawyer...may be he knows how to proceed further..
 

Seema_Sinha

Star Member
Dec 4, 2012
106
2
Kishore4900 said:
Thanks for your advise. this information will effect me if i wanted to apply to usa or any english speaking country.. and yes i cannot accept this refusal as i do not hold any fraudulent documents. i would like to know will there be a change in decision if i apply again in university category submitting a letter from all the institutions i passed out along with attested copies.
this is a misconception that this information will effect you if you apply for US visa..thats NOT true buddy..As I mentioned earlier that My Sister got F1 visa(study purpose) for USA after having two rejections of UK..US consulate did not even ask about them..As far as UK is concerned,or any other country is concerned I am not sure about them whether you ask about prior rejections..or not..but US does not I am sure
 

moorw003

Full Member
Aug 11, 2013
29
3
123
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
29/07/2013
VISA ISSUED...
10/08/2013
The problem you have is it's one thing saying it's not fair, I do not accept this decision (a perfectly rational feeling if you've been hard done by), but actually challenging the decision is something entirely different. You have to ask yourself why they would change their decision and what is in it to make them change their mind. I know it's hard to accept this and you are upset, but you are going to have to accept the situation and make alternative plans, because there's nothing you can do until 2015 with regards to re-applying.
 

akash aluwala

Star Member
Aug 2, 2013
105
0
124
Hyderabad
Job Offer........
Pre-Assessed..
Nomination.....
Akash Aluwala
LANDED..........
andhra pradesh
Kishore4900 said:
Applied on 12th nov,2012 for jan,2013 intake.

Received a letter concerning the authenticity of my educational documents on 16th jan,2013.

Re-submitted with a verification letter from the university along with attested copies on 6th feb,2013.

On 22nd Aug,2013 i received a refusal letter.( after taking the help of a known canadian trade commissioner pp was dispatched the following day).

Notable points in the Refusal letter:

Application closed, new information to be provided with new application and processing fee. should you wish to re-apply, i suggest that you do so only if your situation has changed substantively or you have significant new information.

Purpose of visit, Lack of authenticity

You are a member of an inadmissible class of persons under following section

A40(1)(a): for directly or indirectly misrepresentating......

1) I do not hold any fraudulent documents.
2) I was given a personal advise from the Trade commissioner of canada to re-submit with a letter from the university.
3)I consulted many agents with this information, i was advised to apply under university category and launch for a visa.
4)I will apply under university category taking a letter from all the institutions i passed out.

Friends, please share your advise. I am in great confusion to this situation. I confirm that i am genuine, How can i fight back??
what if people caught with fladual documents ? there passport will be ceased uh ???? and he is not allowed to go 2 any country in his life tym ???m
 

Lara_K79

Full Member
Sep 19, 2013
24
0
Hello,
I have the following question. My sister applied for Student Visa and got rejected. Here is a brief letterof rejection:
…..…you must satisfy an officer that you meet the requirements of Part 12 of the Regulations, including satisfying the officer that you have adequate financial resources to pay tuition fees and support your stay in Canada.
Based on a careful review of the information contained in your application and all the documentation which you have provided is support of your application, I am not satisfied that you need the requirements of the Act and the Regulations. I am refusing your application.
Subsection 11(1) of the Act states that “A foreign national must, before entering Canada, apply to an officer for a visa or for 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. “Subsection 2(2) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.
Following the examination of your application, I am not satisfied that you meet the requirements of the Act and the Regulations for the reasons explained below. I am therefore refusing your application.
You have not satisfied me that you would leave Canada at the end of your stay. In reaching this decision, I considered several factors, including:
Your family ties in Canada and in your country of residence
Length of proposed stay in Canada
Purpose of visit
Your current employment situation
Your personal assets and financial status
Not satisfied with provenance and history of funds accumulation, establishment in home country, education and professional experience…..

Here is how we applied. She came to visit me in Canada and decided to study. So, she is in Canada on visitor visa, and she applied to Los Angeles for student visa. This is the only office that accepts Study applications who are legally in Canada on visiting visa. She finished Animation and Computer graphics 4yr Diploma and was thinking to take language school for 6 months and after that go to Centennial Collage for a 2 year program in Animation. She showed that she has $22000, also we mentioned that she will stay with me, I also attached all my bank statements and employment letter.
So, I cannot understand, did we show not enough money, or the problem is that I live in Canada. Our parents are in Russia. I am the only sister who is in Canada, no any other relatives in Canada, all are in Russia.
Please let me know if you had a similar situation. Thanks.
 

Kishore4900

Star Member
Feb 8, 2013
84
0
124
Category........
Visa Office......
New Delhi
Job Offer........
Pre-Assessed..
App. Filed.......
12th Nov,2012
VISA ISSUED...
Under Process
Lara_K79 said:
Hello,
I have the following question. My sister applied for Student Visa and got rejected. Here is a brief letterof rejection:
........you must satisfy an officer that you meet the requirements of Part 12 of the Regulations, including satisfying the officer that you have adequate financial resources to pay tuition fees and support your stay in Canada.
Based on a careful review of the information contained in your application and all the documentation which you have provided is support of your application, I am not satisfied that you need the requirements of the Act and the Regulations. I am refusing your application.
Subsection 11(1) of the Act states that “A foreign national must, before entering Canada, apply to an officer for a visa or for 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. “Subsection 2(2) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.
Following the examination of your application, I am not satisfied that you meet the requirements of the Act and the Regulations for the reasons explained below. I am therefore refusing your application.
You have not satisfied me that you would leave Canada at the end of your stay. In reaching this decision, I considered several factors, including:
Your family ties in Canada and in your country of residence
Length of proposed stay in Canada
Purpose of visit
Your current employment situation
Your personal assets and financial status
Not satisfied with provenance and history of funds accumulation, establishment in home country, education and professional experience.....

Here is how we applied. She came to visit me in Canada and decided to study. So, she is in Canada on visitor visa, and she applied to Los Angeles for student visa. This is the only office that accepts Study applications who are legally in Canada on visiting visa. She finished Animation and Computer graphics 4yr Diploma and was thinking to take language school for 6 months and after that go to Centennial Collage for a 2 year program in Animation. She showed that she has $22000, also we mentioned that she will stay with me, I also attached all my bank statements and employment letter.
So, I cannot understand, did we show not enough money, or the problem is that I live in Canada. Our parents are in Russia. I am the only sister who is in Canada, no any other relatives in Canada, all are in Russia.
Please let me know if you had a similar situation. Thanks.
plz find another place for your query.. the discussion is diff here..
 

Kishore4900

Star Member
Feb 8, 2013
84
0
124
Category........
Visa Office......
New Delhi
Job Offer........
Pre-Assessed..
App. Filed.......
12th Nov,2012
VISA ISSUED...
Under Process
Seema_Sinha said:
this is a misconception that this information will effect you if you apply for US visa..thats NOT true buddy..As I mentioned earlier that My Sister got F1 visa(study purpose) for USA after having two rejections of UK..US consulate did not even ask about them..As far as UK is concerned,or any other country is concerned I am not sure about them whether you ask about prior rejections..or not..but US does not I am sure
Thanks for the information buddy. so, i need not mention that i have been refused for the canadian student visa in the USA application form..??
 

Kishore4900

Star Member
Feb 8, 2013
84
0
124
Category........
Visa Office......
New Delhi
Job Offer........
Pre-Assessed..
App. Filed.......
12th Nov,2012
VISA ISSUED...
Under Process
moorw003 said:
The problem you have is it's one thing saying it's not fair, I do not accept this decision (a perfectly rational feeling if you've been hard done by), but actually challenging the decision is something entirely different. You have to ask yourself why they would change their decision and what is in it to make them change their mind. I know it's hard to accept this and you are upset, but you are going to have to accept the situation and make alternative plans, because there's nothing you can do until 2015 with regards to re-applying.
Thanks for your advise moorw003.. So, you mean there is no alternative to proceed further in my case. y would'nt the VO change his mind if i could prove him that i am genuine.?
 

Seema_Sinha

Star Member
Dec 4, 2012
106
2
Kishore4900 said:
Thanks for the information buddy. so, i need not mention that i have been refused for the canadian student visa in the USA application form..??

US embassy does not ask any information/details about prior rejections..when you apply study visa and fill online form there is not a single column which asks about rejections..so you can apply..i dont know why everybody in the forum asks this question...you have internet just go to the US embassy website and check it out yourself...cheers...
 

Seema_Sinha

Star Member
Dec 4, 2012
106
2
Kishore4900 said:
Thanks for your advise moorw003.. So, you mean there is no alternative to proceed further in my case. y would'nt the VO change his mind if i could prove him that i am genuine.?
you submitted verification letter from university right..I am sure Embassy did call your university officials and ask about your degree if they guys(university people) gave right feedback about you like if they said that degree certificate is not fake because record is available there in the university`s database then Embassy had no reason to refuse your visa..you were considered as genuine candidate...hey if you want to re apply for masters program at university... and you want to prove that you are genuine student and did not submit any fake certificate then why dont you evaluate your degree from WES agency(www.wes.org)..WES report is valid in the US and canada as well..you dont need to provide verification letter from university...WES report is good enough to prove that your degree is not fake...let me know if you need to know anything about WES..
 

Kishore4900

Star Member
Feb 8, 2013
84
0
124
Category........
Visa Office......
New Delhi
Job Offer........
Pre-Assessed..
App. Filed.......
12th Nov,2012
VISA ISSUED...
Under Process
Seema_Sinha said:
you submitted verification letter from university right..I am sure Embassy did call your university officials and ask about your degree if they guys(university people) gave right feedback about you like if they said that degree certificate is not fake because record is available there in the university`s database then Embassy had no reason to refuse your visa..you were considered as genuine candidate...hey if you want to re apply for masters program at university... and you want to prove that you are genuine student and did not submit any fake certificate then why dont you evaluate your degree from WES agency(www.wes.org)..WES report is valid in the US and canada as well..you dont need to provide verification letter from university...WES report is good enough to prove that your degree is not fake...let me know if you need to know anything about WES..
Very very productive information buddy... Thanks a lot.. I was checking constantly whether someone could give a hope, you answered my wait.. Thanks a lot to you... please give me further details..
 

Seema_Sinha

Star Member
Dec 4, 2012
106
2
Kishore4900 said:
Very very productive information buddy... Thanks a lot.. I was checking constantly whether someone could give a hope, you answered my wait.. Thanks a lot to you... please give me further details..
Just go through the website (www.wes.org) and send all documents to them along with nonrefundable fees. once evaluation is done by WES, ask WES people to send one official copy of your transcripts directly to CHC New Delhi(if you apply in New Delhi next time) in india. Thats all you need to do buddy..and one more thing please do not forget to attach all attested copy of your transcripts and WES report which you would receive from WES after evaluation along with your visa application...you must plan to apply for next intake and dont forget to tell me the outcome of your visa application...As far as I know Canadian Consulate can not refuse this WES report.
please let me know if you have any questions or concerns, Hope it helps...