Student visa problems
 

A long story short;

Have set our hearts on coming to Canada and originally started out looking at coming out as a qualified electrician but economic events have meant that was proving a non starter.

I have genuinely been looking at returning to study and it was suggested to us that we look at coming over studying in Canada as way of me improving my career prospects (getting of the tools at some point) as well as improving our points and chances or applying for PR.

We applied (with me as a student) providing a financial plan but were declined only on the basis that we did not have funds currently available, that was the only reason ticked.


We remortgaged the house and rented it out (we have had to find somewhere else to live) to gain the funds and the income to support us and re-applied. We were declined on the basis we were a high risk of over staying without a visa. There was also something about family which we assume means they think we don't have ties in the UK but the forms required did not ask about my family and only my wife's immediate not step family.

I had addressed the overstay issue in my original applications but perhaps not expanded enough?


We have come so far we are going to apply again but would really appreciate it if anybody could give us any advice or even encouragement. It has been suggested we get an immigration lawyer to assist, so if anybody has any recommendations.

We have 2 children that have places for in the local schools and I have place in college.

Many thanks

Re: Student visa problems
 

What *exactly* did the refusal say?

Don't apply again until you can & do address comprehensively the issues raised in the refusal.

Having said that, your post indicates you are intending to try to use the student visa to immigrate to Canada permanently. While that is a *possible*& eventual route to PR, it's a big no-no/red flag to immigration. Have you submitted previous applications to come to Canada (pr, twp, etc)?

Re: Student visa problems
 

Thanks for your reply, I have pasted the reasons given in Italics and expanded below.

You have not satisfied me that you would leave Canada at the end of your stay. In reaching this
decision, I considered several factors, including:

purpose of visit.
family ties in Canada and in country of residence.[/I]

We had explored a PR application previously so thought it foolish to be dishonest about our ultimate objectives. But had stated that to stay on illegally would jeopardise the children's schooling, we had assets in the UK and my business would be mothballed so if we were unsuccessful in obtaining further visas then we would leave.

Financially we could afford for me to be in full time study with the income from the property here and my wife able to work where as in the UK the maths does not stack up.

I guess all I can do is apply and focus on our reasons for leaving if we were unsuccessful. Realistically with pensions and property over here in addition to two bright children the concept of trying to exist off the radar in Canada would be madness.

Re: Student visa problems
 

They're not worried about you staying there illegally - they're worried about you not returning to the UK. Bear in mind a study permit is supposed to only be temporary, you are not supposed to have any intention to stay beyond it (I know lots do however).

So you need to overcome the assumption that you intend to try and stay in Canada permanently, even if that is legally, and even if that is your actual intention - because that's exactly what CIC *don't* want you to do on a study permit.

Re: Student visa problems
 

See bolded #1 : this, IMO, is your mistake, Unfortunately.

While there are possibilities for student visa holders to possibly, eventually, gain PR, a student visa applicant must show, prove, be clear about intent to return to your country of origin after studying.

Bolded #2: You would be compounding the problem by doing that :(.

Please tell us that you did not put in writing/utter in an interview that you intended to use the study visa as a stepping stone to PR?

Re: Student visa problems
 

X-posted with Chr'oopma: she explained it better.

Re: Student visa problems
 

I used the term "come and try before we apply" In my defence the existence of a failed PR application has made me feel that to try and pull the wool over the eyes of people who do this every day would be misguided but as you state that has not helped us.

Perhaps I try, my understanding is that we should we wish to consider applying for PR we would need to leave and to that end our house is rented out and the business mothballed etc

Thank you for your time on this it is appreciated.

If only they had put these reasons on the 1st rejection would have saved us a lot of money and heart ache.

Re: Student visa problems
 

Therein may lay your problem.

Re: Student visa problems
 

Given you now have a number of failed applications of different time I would strongly suggest you consider obtaining advice from an immigration specialist.