Study permit denied

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Old Jul 4th 2019, 12:45 pm
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Default Study permit denied

Im posting on somebody else’s behalf...

This person applied for a two year study permit in Ontario and has been denied. It seems they don’t think there are enough ties remaining in the UK despite both sets of parents being there.

Has anybody else had that happen but then managed to get accepted and if so any ideas?

thanks
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Old Jul 4th 2019, 2:40 pm
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Default Re: Study permit denied

Originally Posted by DandNHill
Im posting on somebody else’s behalf...

This person applied for a two year study permit in Ontario and has been denied. It seems they don’t think there are enough ties remaining in the UK despite both sets of parents being there.

Has anybody else had that happen but then managed to get accepted and if so any ideas?

thanks
What they are looking for are basically 'reasons why you will return to the UK when your course has finished' - you say 'both sets of parents' so presumably they are coming with a partner - which would raise more flags as RCIC may think they are trying to use it as a backdoor to PR with no intention of returning to the UK, if they haven't shown enough reasons why they will leave.. they have to show that they will be bonafide temporary residents/visitors .. https://www.canada.ca/en/immigration...derations.html
The onus, as always, remains on the applicant to establish that they are a bona fide temporary resident who will leave Canada following the completion of their studies pursuant to section R216(1)(b).
Can they show that they have financial ties to the UK, social ties requiring them to return, education or employment ties to return to? Do they own a property / rent a property / have a vacation booked / have an invite to a relatives wedding / taken a leave of absence from employment (or have a contract for a job on their return) / have a course they are registered for ... they needed to show their economical and emotional incentives to return to the UK after completion of studies... you get the idea

You can read more official notes here (this isn't for a student visa but has info about what they look for) : https://www.canada.ca/en/immigration...derations.html

4. What ties do you have with your country of residence?

Things to consider:

Is the person employed? If yes, at what salary? In what position? Has the applicant's employer approved a request for leave?
What family does the person have in the country of residence? Where were they at the time of the application?
Does the person have property? What is the value of the property?
What financial obligations is the person leaving behind? What is the nature and value of these obligations?
What other responsibilities and obligations is the person leaving behind? How will they be discharged?
Are they using this route to try to go for PR at some point?
If so - then read through the dual intent: https://www.canada.ca/en/immigration...pplicants.html



Last edited by Siouxie; Jul 4th 2019 at 2:55 pm.
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Old Jul 4th 2019, 2:42 pm
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Default Re: Study permit denied

Parents aren't a tie, most people emigrate without them! As Siouxie said, they need to show things they're leaving behind in the UK that they can come back to i.e. a house, job, etc.
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Old Jul 5th 2019, 4:46 am
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Default Re: Study permit denied

Originally Posted by christmasoompa
Parents aren't a tie, most people emigrate without them! As Siouxie said, they need to show things they're leaving behind in the UK that they can come back to i.e. a house, job, etc.
Family (including parents) is definitely a tie - it's probably the only tie that most students have. Yes, owning a home and having a job to return to helps - but the vast majority of students are not in that position (otherwise they probably wouldn't be students). It all seems very subjective in most cases and comes down to the fact that you have to convince someone that you will return to your home country after your studies are finished - most students have to do that without owning a home or having a job.

Last edited by MarylandNed; Jul 5th 2019 at 4:47 am. Reason: typo
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Old Jul 5th 2019, 10:13 am
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Default Re: Study permit denied

Originally Posted by MarylandNed
Family (including parents) is definitely a tie - it's probably the only tie that most students have.
And the OP's friend has been refused the study permit because of that.

Originally Posted by MarylandNed
It all seems very subjective in most cases and comes down to the fact that you have to convince someone that you will return to your home country after your studies are finished - most students have to do that without owning a home or having a job.
There are plenty of other ties they can show though, things like financial commitments, pets, a vehicle they're not selling, even just leaving credit cards and bank accounts open etc. If somebody is selling everything and moving to Canada without anything to go back to, then it's going to look iffy to an immi officer.
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Old Jul 5th 2019, 11:18 am
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Default Re: Study permit denied

Originally Posted by MarylandNed
Family (including parents) is definitely a tie - it's probably the only tie that most students have. Yes, owning a home and having a job to return to helps - but the vast majority of students are not in that position (otherwise they probably wouldn't be students). It all seems very subjective in most cases and comes down to the fact that you have to convince someone that you will return to your home country after your studies are finished - most students have to do that without owning a home or having a job.
agreed but the average student is not moving with a spouse or common law partner (implied in original post), they are single.

Having a a partner also suggest the applicant a little older than the average student.

Also need to consider the course being completed. If the student is applying for the shortest/cheapest possible course for which a study visa will be granted it looks suspicious.

These are red flags and need a higher level of proof than the average student so immigration can be sure it is not being used As a back door to the PR immigration system.
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Old Jul 6th 2019, 1:51 am
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Default Re: Study permit denied

Originally Posted by christmasoompa
There are plenty of other ties they can show though, things like financial commitments, pets, a vehicle they're not selling, even just leaving credit cards and bank accounts open etc. If somebody is selling everything and moving to Canada without anything to go back to, then it's going to look iffy to an immi officer.
Absolutely. Keeping bank and credit card accounts open is a must. Leaving a car or a pet with a family member is a good idea. My point was that home ownership and a job to return to (the 2 things you originally mentioned) isn't really the norm for international students so they need something else.

Last edited by MarylandNed; Jul 6th 2019 at 1:58 am.
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Old Jul 6th 2019, 4:22 am
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Default Re: Study permit denied

I don’t understand why they look for ties to your home country but then give you a lot more points for studying in Canada and the possibility to stay for work after your study. You could potentially be there for 8 years, what ties could you have after that?
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Old Jul 6th 2019, 6:21 am
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Default Re: Study permit denied

Originally Posted by globetrotting
I don’t understand why they look for ties to your home country but then give you a lot more points for studying in Canada and the possibility to stay for work after your study. You could potentially be there for 8 years, what ties could you have after that?
You don't need ties after that, only when going to Canada.
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Old Jul 6th 2019, 12:13 pm
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Default Re: Study permit denied

Originally Posted by globetrotting
I don’t understand why they look for ties to your home country but then give you a lot more points for studying in Canada and the possibility to stay for work after your study. You could potentially be there for 8 years, what ties could you have after that?
because at that point you have shown your ability to pass the course. The points are awarded as you are now more employable and more likely to be able to settle sucessfully in Canada. At the time of applying for a study permit non of that is true. Study permits are by their nature temporary and so immigration requires proof that your intention is to return to your home country at the end of your studies. This may change while here but what is important is at the time of application.

Study permits can be a possible route to PR but they are not in themselves a back door to PR for non genuine students looking to circumnavigate the points/skills based PR immigration streams.
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Old Jul 10th 2019, 11:10 pm
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Default Re: Study permit denied

sorry guys but can I just ask, where do you appeal to or do you need a lawyer? me and my spouse have been refused too and the reason is completely nuts but they don't give you any site or contact to respond to their reasons for refusal
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Old Jul 10th 2019, 11:35 pm
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Default Re: Study permit denied

Originally Posted by daveh79
sorry guys but can I just ask, where do you appeal to or do you need a lawyer? me and my spouse have been refused too and the reason is completely nuts but they don't give you any site or contact to respond to their reasons for refusal
What reason did they give for refusal?
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Old Jul 11th 2019, 12:44 am
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Default Re: Study permit denied

Already answered in the other thread. No rights to an appeal but may submit an application for leave and judicial review with the Federal Court of Canada.
I suggest using a Canadian based lawyer if planning to go down this route or simply applying again for a study permit.
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