applying for student visa after filing PR
#1
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Joined: Mar 2009
Posts: 6
applying for student visa after filing PR
I need some advice regarding student visa. I have already applied for Canadian Immigration around 3 years back but I am still waiting for it. Now I have decided to complete my MBA in Canada. For that I need a student visa. I have read at CIC website that I can still apply for student visa having a dual intent but I have to prove that I will return to my home country after completion of my studies if at that time my application for PR is either not processed or refused. I need to know how can I prove this to the visa officer. All I can say is that I will return as my parents are living here and I will have very good job prospects in my home country as well once I return after getting an MBA from Canada. Plus I will not be able to do a proper job (apart from odd jobs) as an illegal immigrant in Canada. Is this enough justification? What are the chances in such cases.
#2
Re: applying for student visa after filing PR
It will be interesting to see responses that you get to this post as I am in exactly the same situation. You will see from our timeline that we are currently awaiting our medicals. I had my place on am M.Ed. at Queen's University, Kingston confirmed last month, my application for a study permit went in to the CHC two weeks ago. I included a statement about how my job prospects here would remain good, how a M.Ed. from this particular university would offer me competitive edge etc. in my home country (UK). I explained that the particular choices of courses as part of the masters were difficult to achieve with courses on offer here in the UK and that these courses most closely matched my area of work. I also stated that I had family ties in the UK and they would assist with relocation should my application to stay in Canada be unsuccessful. Will this be enough to satisfy the immigration officer? Who knows? I am just sitting here quietly hoping and praying as I really want to do this course!
Good luck to you anyway!
Lorraine G.
Good luck to you anyway!
Lorraine G.
#3
Immigration Consultant
Joined: Jun 2007
Location: Halifax, Nova Scotia
Posts: 2,144
Re: applying for student visa after filing PR
I would say generally if you are from the UK you will not experience too much of a grilling. There are certain countries where visa officers consider you would be less likely to return to once you are living in Canada temporarily and the instances of people being refused Study Permits from these countries are much higher.
In most cases if you state that you understand that you will have to return once your study permit expires if you PR application hasn't been successful and that you are willing to do so and have the funds etc for your return ticket and have a pluasbale story about yout family connections and job prospects at home this should be enough.
In most cases if you state that you understand that you will have to return once your study permit expires if you PR application hasn't been successful and that you are willing to do so and have the funds etc for your return ticket and have a pluasbale story about yout family connections and job prospects at home this should be enough.
#4
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Joined: Mar 2009
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Re: applying for student visa after filing PR
Paul
I am from Pakistan, can you now comment how cases like mine would be handled.
Plus I would like to add some thing. It is written in guidelines for Visa officers for issuing Student visa that (Section 5.15. Bona fides) "Bona fides of all students must be assessed on an individual basis; refusals of non-bona fide students may only withstand legal challenge when the refusal is based on the information related to the specific case before the officer. Therefore, while cultural context or historical migration patterns of a client group may be a contributing factor to the decision-making process, they alone are not valid, legally tenable grounds for refusal on bona fides."
This means that unless something specific to my case is wrong the general trend can not applied as a reason for refusal of student visa. About my intention to leave Canada once my study permit expires all I can say is that I will return as my parents are living here and I will have very good job prospects in my home country as well once I return after getting an MBA from Canada. Plus I will not be able to do a proper job (apart from odd jobs) as an illegal immigrant in Canada. Is this enough justification?
I am from Pakistan, can you now comment how cases like mine would be handled.
Plus I would like to add some thing. It is written in guidelines for Visa officers for issuing Student visa that (Section 5.15. Bona fides) "Bona fides of all students must be assessed on an individual basis; refusals of non-bona fide students may only withstand legal challenge when the refusal is based on the information related to the specific case before the officer. Therefore, while cultural context or historical migration patterns of a client group may be a contributing factor to the decision-making process, they alone are not valid, legally tenable grounds for refusal on bona fides."
This means that unless something specific to my case is wrong the general trend can not applied as a reason for refusal of student visa. About my intention to leave Canada once my study permit expires all I can say is that I will return as my parents are living here and I will have very good job prospects in my home country as well once I return after getting an MBA from Canada. Plus I will not be able to do a proper job (apart from odd jobs) as an illegal immigrant in Canada. Is this enough justification?
I would say generally if you are from the UK you will not experience too much of a grilling. There are certain countries where visa officers consider you would be less likely to return to once you are living in Canada temporarily and the instances of people being refused Study Permits from these countries are much higher.
In most cases if you state that you understand that you will have to return once your study permit expires if you PR application hasn't been successful and that you are willing to do so and have the funds etc for your return ticket and have a pluasbale story about yout family connections and job prospects at home this should be enough.
In most cases if you state that you understand that you will have to return once your study permit expires if you PR application hasn't been successful and that you are willing to do so and have the funds etc for your return ticket and have a pluasbale story about yout family connections and job prospects at home this should be enough.
#5
Immigration Consultant
Joined: Jun 2007
Location: Halifax, Nova Scotia
Posts: 2,144
Re: applying for student visa after filing PR
Paul
I am from Pakistan, can you now comment how cases like mine would be handled.
Plus I would like to add some thing. It is written in guidelines for Visa officers for issuing Student visa that (Section 5.15. Bona fides) "Bona fides of all students must be assessed on an individual basis; refusals of non-bona fide students may only withstand legal challenge when the refusal is based on the information related to the specific case before the officer. Therefore, while cultural context or historical migration patterns of a client group may be a contributing factor to the decision-making process, they alone are not valid, legally tenable grounds for refusal on bona fides."
This means that unless something specific to my case is wrong the general trend can not applied as a reason for refusal of student visa. About my intention to leave Canada once my study permit expires all I can say is that I will return as my parents are living here and I will have very good job prospects in my home country as well once I return after getting an MBA from Canada. Plus I will not be able to do a proper job (apart from odd jobs) as an illegal immigrant in Canada. Is this enough justification?
I am from Pakistan, can you now comment how cases like mine would be handled.
Plus I would like to add some thing. It is written in guidelines for Visa officers for issuing Student visa that (Section 5.15. Bona fides) "Bona fides of all students must be assessed on an individual basis; refusals of non-bona fide students may only withstand legal challenge when the refusal is based on the information related to the specific case before the officer. Therefore, while cultural context or historical migration patterns of a client group may be a contributing factor to the decision-making process, they alone are not valid, legally tenable grounds for refusal on bona fides."
This means that unless something specific to my case is wrong the general trend can not applied as a reason for refusal of student visa. About my intention to leave Canada once my study permit expires all I can say is that I will return as my parents are living here and I will have very good job prospects in my home country as well once I return after getting an MBA from Canada. Plus I will not be able to do a proper job (apart from odd jobs) as an illegal immigrant in Canada. Is this enough justification?
I do not think you will experience a problem but if you really wanted to be really safe you could include a supporting document that showed evidence of having ties or obligations to your home country - such as evidence of a home, a letter of job offer (or a letter indicating an employer would consider offering you a job once you obtain your qualification, a copy of a bank statement showing some funds in your home country, evidence of a relationship etc.
#6
Re: applying for student visa after filing PR
I would say generally if you are from the UK you will not experience too much of a grilling. There are certain countries where visa officers consider you would be less likely to return to once you are living in Canada temporarily and the instances of people being refused Study Permits from these countries are much higher.
In most cases if you state that you understand that you will have to return once your study permit expires if you PR application hasn't been successful and that you are willing to do so and have the funds etc for your return ticket and have a pluasbale story about yout family connections and job prospects at home this should be enough.
In most cases if you state that you understand that you will have to return once your study permit expires if you PR application hasn't been successful and that you are willing to do so and have the funds etc for your return ticket and have a pluasbale story about yout family connections and job prospects at home this should be enough.
Lorraine.
#7
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Joined: Mar 2009
Posts: 6
Re: applying for student visa after filing PR
Thank you for the information. I hope for the best.
Yes, I'm aware of what the rules say. But you realise also that there are countries from which people must have visitor visas to enter Canada (listed here: http://www.cic.gc.ca/english/visit/visas.asp) and then there are certain countries such as the UK, US, many european countries, where the requirement to obtain a visitor visa is waived. And generally I would say that people applying for study permits from the visa-waived countries will have to do less to satisfy visa officer that they will return.
I do not think you will experience a problem but if you really wanted to be really safe you could include a supporting document that showed evidence of having ties or obligations to your home country - such as evidence of a home, a letter of job offer (or a letter indicating an employer would consider offering you a job once you obtain your qualification, a copy of a bank statement showing some funds in your home country, evidence of a relationship etc.
I do not think you will experience a problem but if you really wanted to be really safe you could include a supporting document that showed evidence of having ties or obligations to your home country - such as evidence of a home, a letter of job offer (or a letter indicating an employer would consider offering you a job once you obtain your qualification, a copy of a bank statement showing some funds in your home country, evidence of a relationship etc.