My study permit got refused under section 39, there is another bulletin about paragraph 41(a), along with a Voluntary Departure Confirmation form (IMM5021 06-2015 E). Not sure how to fix this. I have an updated sponsorship document and asset evaluation from my dad)
Going to go a bit into details, I apologise if the thread is too long but if anyone can give me any leads on what to do, it will be highly appreciated.
Current application:
I applied on the last day for my extention (30th march) I showed $500 on the extention application as funds I have for living cost and did not hear back until June, (I also withdrew thinking I might not get the permit and told the college I was going to come back only if I got my permit). This is when IRCC asked for my transcripts. As this was during a long weekend, I asked for an extention for the submission which they allowed very late. By then I had already submitted it on the first dropbox along with a doctors note about my mental health. As they allowed it, I got another message to submit the transcripts and attendance, which again, I did.
Around July 7th, a notification from the portal about transferring my case to a local office (Edmonton) came through. By this time I was to apply for re-admission as I didn't do spring and summer 2023 (I have 4 semesters and worked 1 week during summer). I waited until early September to get admitted again and got a new enrollment letter from 2nd Oct to 22nd June. On the 27th of September 2023, I got three new documents on my portal. 2 correspondence letters and 1 information letter.
Refusal and departure letter:
The first correspondence letter stated thank you for the biometrics.
The second said the following:
"...Thank you for your interest in studying in Canada. After careful review of your application and supporting documentation to extend your stay as a student, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:
• You are found inadmissible to Canada under section 39 of the IRPA: you are or will be unable or unwilling to support yourself or any other person who is dependent on you, and have not satisfied an officer that adequate arrangements for care and support, other that those that involve social assistance, have been made.
• You are found inadmissible to Canada under paragraph 41(a) of the IRPA: through an act or omission which contravenes, directly or indirectly, a provision of this Act.
(Page 2)
To get help with understanding your temporary resident application refusal and what you can do next, visit: https://www.cic.gc.ca/visit-visiter/en/refusal-visa-application. Next Steps:
• If you decide to apply again, know that:
○ your new application will be assessed on its own merits,
○ you must resubmit a new application and all relevant supporting documents and pay a new temporary resident application fee, and
○ your new application may be refused unless it is supported by new or different information that would satisfy the officer that you meet all application requirements.
For additional information on next steps and legal references, you can visit: ....."
Apart from this, I also got the information letter which is a voluntary departure confirmation (IMM5021 06-2015 E). Asking for flight number and departure details.
Reason to post:
I have talked to 5 different lawyers. Each of them charging obnoxious prices for the services while giving me different explanations and solutions.
Some them include:
1. Contest the rejection with the IRB and present your defense.
2. Leave Canada before your departure order becomes a deportation order and apply for a new study permit in your home country.
3. Found they were deporting me due to working in Canada without permission, said if I did not do this I can go to federal court to fight.
Furthermore, I have found no help relating to my case online. Not even on how to appeal the Voluntary departure or how to proceed in order to get back on track with my visa to help me do it on my own. I don't know if I should reapply or restore. Fight or not.
If I do go back now to reapply and can not come back to finish my studies I will have wasted 5 years of my life.
Prior applications + more information:
I first landed in Vancouver on the 28th of December 2018 to start studies during the winter 2019 semesters at Fraser International college under a university transfer program to SFU. They gave me a one year study permit. No off campus work. I had my sponsorship and asset evaluation documents from my parents for tuition fees and all living costs.
During my second semester I decided to transfer to LaSalle College Vancouver, applied for extension, did not need to submit my parents statements as I showed $3000 on my own canadian bank account. Got it for 3 years. I updated my DLI. Off and on campus work available. This permit expired on march 30th 2023.
Note: In this 3 years, I was mostly in Canada due to CoVid and did not get any government fundings during the crisis. Being stuck here at home had made me homesick and symtoms of social anxiety as well as depression appeared. I missed quite a few classes because of this and fell behind on my studies. Moreover, I had withdrawn from 2 semesters (did not attend winter 2022, and did not complete the spring 2022 term). In terms of jobs, I never worked more than 20 hours a week.
Going to go a bit into details, I apologise if the thread is too long but if anyone can give me any leads on what to do, it will be highly appreciated.
Current application:
I applied on the last day for my extention (30th march) I showed $500 on the extention application as funds I have for living cost and did not hear back until June, (I also withdrew thinking I might not get the permit and told the college I was going to come back only if I got my permit). This is when IRCC asked for my transcripts. As this was during a long weekend, I asked for an extention for the submission which they allowed very late. By then I had already submitted it on the first dropbox along with a doctors note about my mental health. As they allowed it, I got another message to submit the transcripts and attendance, which again, I did.
Around July 7th, a notification from the portal about transferring my case to a local office (Edmonton) came through. By this time I was to apply for re-admission as I didn't do spring and summer 2023 (I have 4 semesters and worked 1 week during summer). I waited until early September to get admitted again and got a new enrollment letter from 2nd Oct to 22nd June. On the 27th of September 2023, I got three new documents on my portal. 2 correspondence letters and 1 information letter.
Refusal and departure letter:
The first correspondence letter stated thank you for the biometrics.
The second said the following:
"...Thank you for your interest in studying in Canada. After careful review of your application and supporting documentation to extend your stay as a student, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:
• You are found inadmissible to Canada under section 39 of the IRPA: you are or will be unable or unwilling to support yourself or any other person who is dependent on you, and have not satisfied an officer that adequate arrangements for care and support, other that those that involve social assistance, have been made.
• You are found inadmissible to Canada under paragraph 41(a) of the IRPA: through an act or omission which contravenes, directly or indirectly, a provision of this Act.
(Page 2)
To get help with understanding your temporary resident application refusal and what you can do next, visit: https://www.cic.gc.ca/visit-visiter/en/refusal-visa-application. Next Steps:
• If you decide to apply again, know that:
○ your new application will be assessed on its own merits,
○ you must resubmit a new application and all relevant supporting documents and pay a new temporary resident application fee, and
○ your new application may be refused unless it is supported by new or different information that would satisfy the officer that you meet all application requirements.
For additional information on next steps and legal references, you can visit: ....."
Apart from this, I also got the information letter which is a voluntary departure confirmation (IMM5021 06-2015 E). Asking for flight number and departure details.
Reason to post:
I have talked to 5 different lawyers. Each of them charging obnoxious prices for the services while giving me different explanations and solutions.
Some them include:
1. Contest the rejection with the IRB and present your defense.
2. Leave Canada before your departure order becomes a deportation order and apply for a new study permit in your home country.
3. Found they were deporting me due to working in Canada without permission, said if I did not do this I can go to federal court to fight.
Furthermore, I have found no help relating to my case online. Not even on how to appeal the Voluntary departure or how to proceed in order to get back on track with my visa to help me do it on my own. I don't know if I should reapply or restore. Fight or not.
If I do go back now to reapply and can not come back to finish my studies I will have wasted 5 years of my life.
Prior applications + more information:
I first landed in Vancouver on the 28th of December 2018 to start studies during the winter 2019 semesters at Fraser International college under a university transfer program to SFU. They gave me a one year study permit. No off campus work. I had my sponsorship and asset evaluation documents from my parents for tuition fees and all living costs.
During my second semester I decided to transfer to LaSalle College Vancouver, applied for extension, did not need to submit my parents statements as I showed $3000 on my own canadian bank account. Got it for 3 years. I updated my DLI. Off and on campus work available. This permit expired on march 30th 2023.
Note: In this 3 years, I was mostly in Canada due to CoVid and did not get any government fundings during the crisis. Being stuck here at home had made me homesick and symtoms of social anxiety as well as depression appeared. I missed quite a few classes because of this and fell behind on my studies. Moreover, I had withdrawn from 2 semesters (did not attend winter 2022, and did not complete the spring 2022 term). In terms of jobs, I never worked more than 20 hours a week.