How to Appeal for Canada Visa Refusal

A foreign national intending to study in Canada must bear in mind that he/she must obtain a study permit. Acquiring a study permit is approved by the discretion of the Canadian immigration officer. In some cases, applications for a study permit by foreign nationals get declined or turned down due to various reasons.

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Reasons for Refusal of Study Permit

The process of applying and obtaining a study permit by a foreign national is very frustrating, involving complicated rules and regulations, subjective interpretation by immigration officers, and a cumbersome and expensive appeal process including lack of transparency. The reasons are as follows: 

  • Insufficient finance it is clearly stated in the Program Delivery Instruction that the applicant must possess and supply proof of adequate finances just for the primary year of the course. Yet, applications often get rejected because the immigration officer suspected financial insufficiency. Hence, merely that specialization in the primary year might not suffice. Ideally, you will minimize chances of rejection by showing proof of adequate finances that will cover you for the first year of study, accommodation, and any other accompanying family.
  • Dual Intent: A study permit is a temporary visa, which means that it has a validity period and expiration date. In your study permit application, you need to convince the visa officer that you will leave the country when your study permit expires. That does not mean that you cannot apply to extend your study permit or get a permanent resident in Canada. In fact, there are many programs designed by the government to help students stay and work in Canada following their studies, or transition to permanent residence. What it does mean is that the visa officer has to trust that you will not stay in the country illegally when you are out of status. Usually, this is a problem if you don’t demonstrate that you have good reasons to want to return home. The cursory reading of the states clearly states that temporary residents are permitted to try their utmost to become permanent residents, provided they shall leave if the permit expires before they achieve Permanent Resident (PR) status. Working towards PR automatically indicates intent to overstay in Canada which is questionable and the Dual Intent doctrine doesn’t permit any such idea. The application can be rejected due to reasons not even stated in the guide, as far as the applicant shows the intent to seek permanent residence in the country.
  • Choice of Program: The applicant’s choice of study must be relevant and correspond with your intent of studying abroad. If your study program differs from your intent, your application will be refused. This is because the applicant intends does not correspond with his/her educational background or work history 
  • Letter of Acceptance: For an applicant to obtain a study permit to study in Canada, the applicant must obtain a Letter of Acceptance from a Designated Learning Institution(DLI) in Canada. Your acceptance letter must be submitted to the immigration officer to verify the originality of the letter. If the officer doubts the originality of the letter, your application will be refused. In order to address this issue, make sure you have your documents reviewed to see if it is clear and understandable.
  • No Job Prospect in Home Country: A letter from the present employer indicating that the applicant is assured of gaining employment within the home country after completing his or her education abroad needs to be capable of proving employment prospects. Applicants without employment in hand can submit proof that the study course they shall join will help them qualify for jobs within the home country. Else, the immigration officer may conclude that the study permit is meant to assist the applicant to settle permanently in Canada.
  • Travel or Identity Document: applicants not having a complete record of travel history or if applicants’ identity documents are unclear. The immigration officer will reject your study permit. 

Appealing Against Study Permit Refusal

Once an applicant’s study permit is rejected or refused by the immigration officer, the applicant will have to appeal for reconsideration of the study permit.

  • Reconsideration: This involves requesting the immigration officer to reevaluate and reconsider the first decision. The offer is not obligated to entertain such requests, which suggests there’s little or no scope for a reversal of the rejection, even if the request is accepted within the first place.
  • Re-Applying: In this case, you’ll reapply again to an equivalent application you were previously refused. This is often only beneficial if your circumstances have changed and you’ve got new information that will improve or clarify your application. it’s important to seek out where you went wrong the previous time to enhance your chances.
  • Appealing the Decision: If the applicant believes that his/her application met all the requirements as mandated by the IRRC. In other words, if you feel your study permit was wrongly or unfairly declined, then you can appeal the decision and request to consider your study permit.
  • Submitting a new Application: The option of a new application is of least advantage for the applicant. Reapplication causes the refusal to become a neighborhood of the record, which suggests a wrong rejection can become the idea for rejection of future applications too.   the new application, they should pay careful attention to address the previous reason for refusal. As well, if any documents need to be updated

 

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