Thu | Feb 2, 2023

Immigration Corner | Should I reapply for a study permit?

Published:Tuesday | November 29, 2022 | 12:06 AM

Dear Miss Powell,

My application for a study permit was refused. I wanted to do a postgraduate diploma in Canada, and I know that the decision was not fair. They mentioned something about “purpose of visit”, but I know I had everything to prove that I’m a genuine student. I wasn’t going there for any other reason. Can I reapply immediately, or should I appeal? School starts in January, so what can I do to ensure that my petition is heard. Thank you.

MF

Dear MF,

When your visa application was rejected, you would have been provided a letter that outlines the reason for refusal. If you genuinely believe that the reasons given were not justified and you have documents to substantiate your case, then the best thing to do is to reapply.

While individuals may seek redress from the Federal Court of Canada, this could be a costly and time-consuming process that is generally utilised by individuals who are already in Canada.

My recommendation would be to reapply and provide full details of your case, so that you can prove to the visa officer that you are a genuine student, have the resources to cover tuition and living expenses, and clearly demonstrate that you will leave Canada at the end of the period of authorised stay.

You did not give full details of your case, but one common reason for refusal could be based on your family ties in Canada, or in the country of residence, or both. If you have strong family ties in Canada, this can be seen as an indicator that you may not be motivated to return to your home country at the end of your studies.

Another critical information they look at is your travel history, if you were refuse a visa by another country, and if you have previously applied to live permanently in Canada.

A student visa refusal based on the ‘purpose of the visit’ is usually based on the documents presented and the responses to the various questions on the application form. It is your duty to convince them that the postgraduate study will benefit your career upon your return to your home country. If you are switching careers, then you must provide a valid reason for the change and show how the programme will advance your career.

Sometimes your application is refused because of lack of adequate information and supporting documents. You must be prepared to outline your reason for choosing that programme and your plans on completion of study.

When an application is refused, it is usually because an officer has formed the opinion that it would be contrary to the Immigration and Refugee Protection Act or its regulations to allow you to come into Canada. This finding could be based on concerns relating to: security, criminality, health, financial, misrepresentation, and inadmissibility of a family member, among other reasons.

I suggest that you provide a copy of the application you submitted to an immigration lawyer, along with the rejection letter, so that you can both review the issues with the last application and come up with a solid plan to improve the chances that your application will be successful next time.

Deidre S. Powell is an immigration lawyer in Canada. You may send your questions, comments or book a Zoom/telephone consultation via her website www.deidrepowell.com. Connect with her via Facebook or Instagram for the latest Canadian immigration news.