daveh79

Good evening everyone,
Me and partner got our response for our permit and were refused on the ground that they feel we won't go back the uk and would stay illegally afterwards (which is insane) plus they have stated that our financial records are a reason too.

we sold our house as we planned to move within the uk anyway but then changed our minds and started to plan my wife studying in Canada whilst I work there for two years. Because we sold our house, our bank shows a high amount in it so I think that worried them. secondly was the fact they think we will not return back to the uk.

we sold our house as we did not want to have it vacant or deal with renters for two years which I can't really see the problem with. it also gave us the funds to prove we can support ourselves when out there plus we have no intention of overstaying. There is no where to appeal against this decision so my thought is to get a lawyer. Has anyone got any insight into this as we're in a bit of shock that they gave us no point of contact to dispute their reasons. Are there any good immigration lawyers in the uk that could help (links would be great) The effort that's gone into planning and arranging all of this and they just basically say no see ya later but thanks for waiting 12 weeks with your lives on hold.

Dorothy

What ties do you have to the UK? If you've sold your house and quit your jobs then what is there to return to at the end of your study permits?

SanDiegogirl

Has your wife already been accepted onto a study course in Canada?

Former Lancastrian

You have no legal right for an appeal of the decision however you may wish to make an application for leave and judicial review to the Federal Court of Canada pursuant to section 72(1) of the Immigration & Refugee Protection Act.

See this link how to submit and file and application. My suggestion would be using a Canadian based Immigration lawyer

https://www.fct-cf.gc.ca/en/pages/re...migration#cont

1. Second is the review of an officer’s decision in a matter arising outside Canada. The application must be commenced within 60 days after the date on which the person concerned is notified of or otherwise becomes aware of the matter [A72(2)(b)].

As to if its worth it then only you can decide if to further pursue the matter or simply reapply again.

BristolUK

Why were you going to move and to where? Were you going to buy or rent...or something else?
At the time you changed your mind had you already taken any steps along those lines and ones that you could show as evidence to substantiate your plans?

eg Something from an estate agent in your target area or a house purchase solicitor engaged. Were either of you intending to study in your target area in the UK and could you show something to suggest that? Or if one or both of you were to be working there, at what and could you show some evidence of that?

Dorothy's question points strongly in one direction with nothing in the opposite direction so far.

Siouxie

The onus is on you to show proof that you have ties to the UK - reasons for you to return.. social, economic, ties that bind.... that you are a genuine visitor to Canada and not trying to slip in through the back door, per my post here:
Study permit denied

As you have sold your property and presumably quit your jobs, you will need to find other ways of showing it is your intention to return to the UK once the course has finished. A job to go back to (or leave of absence agreement), a wedding to attend, an apartment / house rented, a holiday booked, a place on a course, family celebrations; bank accounts; lease on a vehicle... you get the idea You can enter under dual intent (see the post for the link about it) but initially you have to convince RCIC that you are just coming to do a course and will then return to the UK


I would ensure you have everything in place to be able to show those ties to the UK and then reapply for a study permit.. by the time you employ an expensive lawyer and submit an application to Canada to overturn the decision, you could have a new study permit application approved - and save the money for your 'start up' costs in Canada..

Just checking that the college / uni that your spouse has a place at is one that is approved.. and that the course they are doing is a natural progression for any qualifications they already hold

https://www.canada.ca/en/immigration...dy-permit.html

daveh79

christmasoompa

Unfortunately, selling your house will have been a big red flag to them. It also looks as though you've worked in Canada before but couldn't stay from your previous post? So that will have been another red flag to them, as it looks like you're just trying to get back there now via any means. As said above, you can't appeal anyway, I wouldn't bother with a judicial review as it sounds to me as though you've been fairly refused and no mistakes have been made. It will also take a heck of a long time and cost a lot, so probably not worth it and better to just reapply.

If you were going to move within the UK anyway, then could you purchase a new property and then try again next year when you have a house there? Or if you do want to move to Canada permanently, then have you looked at other visa options? If you could get PR then your wife could still study but she'd pay local tuition rates rather than international, which would be a big bonus!

Siouxie

Family isn't a reason to return though and nor are credit cards - thousands of people move abroad every year and leave family behind. Do have a read through the links I gave on the other post on this subject (link to that in my post above). Just having a car wouldn't be a tie - having a leasehold car where the lease is for another 2 years, maybe.

What is your ultimate aim? Is it to move to Canada with a view to applying for Permanent Residence (using the course (and/or subsequent work permits) as stepping stones for you to get extra points for EE) or is it just to have a year or so in Canada while your wife attends college? Is it a course she could easily have undertaken in the UK... what is the necessity for her to take it in Canada.

Question, when you applied for the Student Visa/Permit, did you also apply for a work permit at the same time, or were you intending on applying once you got to Canada? If you applied for the work permit at the same time as the study permit - there's another red flag for them.. as clearly it is then your intention to come to Canada as well, quitting your job, unless you could get a 'leave of absence' from your job, perhaps, rather than quitting it.

Having sold your house you are giving the impression that you intend to move to Canada from an Immigration point of view.

These are things that Immigration will be looking at..

If you don't have time to reapply then you definitely don't have time to apply for a Judicial Review which can take many months and which would likely fail anyway, as the reasons for refusing seem reasonable.
You need to put your 'Immigration / Visa Officer hat on and see what they are seeing - and what they are looking for (info in that post I referred to, with link) - then try and meet those requirements.

I would suggest your wife contact the college concerned and ask for a deferral for the course, so that she doesn't lose the money she has paid as it seems unlikely that a Study Permit will be issued in time to start in August, Christmasoompa made some valid suggestions.