Study permit refused - what are the options

[Avadava]

Hi! First of all, I'm posting for a friend, hoping to get some ideas from you.
Some background:
Arrived in September in Canada with the girlfriend, both applied for the study permit from Canada. The friend left Canada to attend some family business back home, upon returning to Canada he was denied entry. He was told to go back home and wait for the response to his study permit application. In the meantime, girlfriend remains in Canada.
In January he got a refusal. His girlfriend is still waiting for an answer to her permit, but it looks like she will be denied as well, as their applications were very similar.

He is now wanting to come back to Canada and apply from inside Canada again. I advised him this is not a good idea. His girlfriend was offered the possibility to be sponsored for a work permit through the child-caregiver pilot program.


Now, what options do they have? What should he do next? I told him to order the GCMS notes before he applies a second time. But honestly, I don't think he will even be allowed to enter Canada as a tourist anymore. He comes from a visa-free country. The immigration consultant told him he can enter Canada if he has an invitation from someone here.

Any input is greatly appreciated.

 

[Impatient Dankaroo]

Yes the GCMS notes is a good idea. I suspect the fact that they are from a visa free country caused them to not really put the time in to the permit application which needs to be very structured and focused.
My advice is to get the notes and really work on addressing the concerns that the visa officer had regarding their application. They/you can post the content on this forum and perhaps we can help out as well.

 

[scylla]

Hi! First of all, I'm posting for a friend, hoping to get some ideas from you.
Some background:
Arrived in September in Canada with the girlfriend, both applied for the study permit from Canada. The friend left Canada to attend some family business back home, upon returning to Canada he was denied entry. He was told to go back home and wait for the response to his study permit application. In the meantime, girlfriend remains in Canada.
In January he got a refusal. His girlfriend is still waiting for an answer to her permit, but it looks like she will be denied as well, as their applications were very similar.

He is now wanting to come back to Canada and apply from inside Canada again. I advised him this is not a good idea. His girlfriend was offered the possibility to be sponsored for a work permit through the child-caregiver pilot program.


Now, what options do they have? What should he do next? I told him to order the GCMS notes before he applies a second time. But honestly, I don't think he will even be allowed to enter Canada as a tourist anymore. He comes from a visa-free country. The immigration consultant told him he can enter Canada if he has an invitation from someone here.

Any input is greatly appreciated.

Why was he refused? Pretty much impossible to give advice without knowing that. The high level refusal reasons would have been stated on the refusal letter.

If he truly applied within Canada - meaning he sent his application to a visa office within Canada, then refusal was guaranteed. He didn't qualify to apply this way and his application could only be processed through a visa office outside of Canada (same for his girlfriend).

Unfortunately they have both learned a bit of a tough lesson regarding moving to Canada (or looking like you've moved to Canada) before you're actualluy authorized to do so.

Very strongly recommend that his girlfriend leave Canada and submit the work permit application from ouside of Canada.

 

[Avadava]

Why was he refused? Pretty much impossible to give advice without knowing that. The high level refusal reasons would have been stated on the refusal letter.

If he truly applied within Canada - meaning he sent his application to a visa office within Canada, then refusal was guaranteed. He didn't qualify to apply this way and his application could only be processed through a visa office outside of Canada (same for his girlfriend).

Unfortunately they have both learned a bit of a tough lesson regarding moving to Canada (or looking like you've moved to Canada) before you're actualluy authorized to do so.

Very strongly recommend that his girlfriend leave Canada and submit the work permit application from ouside of Canada.

They did apply from inside Canada, but because they had previously completed a program here. It was under 6 months so no study permit was required. According to IRCC, you can apply for a study permit from inside Canada under this type of circumstance.

"Only some people can apply for a study permit from inside Canada. Do any of the situations below describe you or the person you’re applying for? (required)
You’re currently in Canada and one of these applies:

• you have a valid study or work permit
• your spouse, common-law partner or parent has a valid study or work permit
• you’re a minor child in primary or secondary school
• you’re an exchange student or visiting student
• you completed a short-term course or study program required to be accepted at a DLI
• you or your spouse, common-law partner or dependent child has a temporary resident permit (TRP) valid for 6 months or more
• you’re being sponsored to immigrate and you already applied for permanent residence (if you’re eligible)
• you or your spouse, common-law partner or dependent child are subject to an unenforceable removal order
• you’re the spouse, common-law partner or dependent child of:
  • an athlete on a team based in Canada
  • a member of the media
  • a member of the clergy
  • military personnel on duty in Canada or
  • an accredited foreign representative"

The immigration consultant ordered the GCMS notes, but we suspect either not enough funds to support himself or not a bona fide student as being the reason. They are planning to remain in Canada and apply for PGWP after they finish their program.

 

[scylla]

They did apply from inside Canada, but because they had previously completed a program here. It was under 6 months so no study permit was required. According to IRCC, you can apply for a study permit from inside Canada under this type of circumstance.

"Only some people can apply for a study permit from inside Canada. Do any of the situations below describe you or the person you’re applying for? (required)
You’re currently in Canada and one of these applies:

• you have a valid study or work permit
• your spouse, common-law partner or parent has a valid study or work permit
• you’re a minor child in primary or secondary school
• you’re an exchange student or visiting student
• you completed a short-term course or study program required to be accepted at a DLI
• you or your spouse, common-law partner or dependent child has a temporary resident permit (TRP) valid for 6 months or more
• you’re being sponsored to immigrate and you already applied for permanent residence (if you’re eligible)
• you or your spouse, common-law partner or dependent child are subject to an unenforceable removal order
• you’re the spouse, common-law partner or dependent child of:
  • an athlete on a team based in Canada
  • a member of the media
  • a member of the clergy
  • military personnel on duty in Canada or
  • an accredited foreign representative"

The immigration consultant ordered the GCMS notes, but we suspect either not enough funds to support himself or not a bona fide student as being the reason. They are planning to remain in Canada and apply for PGWP after they finish their program.

Was the short course they took in Canada a prerequisite for the longer program they have now applied for? It's not enough simply to take a short course, the short course has to be a requirement / mandatory for entry into the DLI program.

From a funds perspective he would have needed to show enough funds to cover first year tuition + an additional $10,000 for living expenses. She would have needed to show the same as well separately. This is the same regardless of whether he applies from within Canada or outside of Canada.

Once he gets the notes he'll obviously know more. If he wants to reapply, the funds issue has to be address (if there is one). Also, he needs to make sure his planned studies in Canada make sense in light of his previous education and work experience. He should be advancing his education - meaning taking a higher level of study in Canada than he completed previously. He will also need to demonstrate ties to his home country to show he has plans to return home once his studies have been completed. This will be especially important given the denied entry. Right now he has the profile of someone who is trying to remain and live in Canada through any means possible. He will need to overcome that. Probably a good idea to hold off from reapplying for 6-8 months to establish home ties.

 

[Avadava]

Was the short course they took in Canada a prerequisite for the longer program they have now applied for? It's not enough simply to take a short course, the short course has to be a requirement / mandatory for entry into the DLI program.

From a funds perspective he would have needed to show enough funds to cover first year tuition + an additional $10,000 for living expenses. She would have needed to show the same as well separately. This is the same regardless of whether he applies from within Canada or outside of Canada.

Once he gets the notes he'll obviously know more. If he wants to reapply, the funds issue has to be address (if there is one). Also, he needs to make sure his planned studies in Canada make sense in light of his previous education and work experience. He should be advancing his education - meaning taking a higher level of study in Canada than he completed previously. He will also need to demonstrate ties to his home country to show he has plans to return home once his studies have been completed. This will be especially important given the denied entry. Right now he has the profile of someone who is trying to remain and live in Canada through any means possible. He will need to overcome that. Probably a good idea to hold off from reapplying for 6-8 months to establish home ties.

Thanks so much for your replies.

Yes, the course they took was a prerequisite for their program. The college offers this English 12 course for students who don't have IELTS.

Is it possible that he was rejected because he left Canada while his application was in progress?

 

[canuck78]

Thanks so much for your replies.

Yes, the course they took was a prerequisite for their program. The college offers this English 12 course for students who don't have IELTS.

Is it possible that he was rejected because he left Canada while his application was in progress?

No he was likely rejected because he was coming and going from Canada and was living in Canada and not visiting. He likely said something like he was living in Canada with his girlfriend and had applied for a study permit. He may have said he has an apartment. He may not have been able to show enough funds. Agree there is no point in trying to return to Canada so soon after a denial without an approved permit.

 

[jweekend]

Thanks so much for your replies.

Yes, the course they took was a prerequisite for their program. The college offers this English 12 course for students who don't have IELTS.

Is it possible that he was rejected because he left Canada while his application was in progress?

Your friend was rejected because of his intention to remain in Canada after the end of his stay on a study permit. That's clearly written on his letter from ircc