Study Permit Refusal

What are your options?

Applying for a Study Permit can be a lengthy and tedious process. You will be asked to provide information and supporting documentation about yourself and your family members.

This type of application is submitted either online or via paper and does not include an interview process unlike other countries.

As such, it is very important that you provide strong and convincing evidence to demonstrate to the officer, among other things, that your main purpose of coming to Canada is to study and that you intend to return to your home country upon completion of your studies.

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Common Reasons for Study Permit Refusals

It is important that applicants understand what immigration officers are looking for when compiling your study permit application.

Many applicants who apply on their own fail to recognize this point and believe that submitting the required documents according to the document checklist will result in an approval. As a result, many applicants are refused a study permit. This cannot be taken lightly. Once you have been issued a refusal, the refusal will be permanently documented in IRCC’s database and all subsequent applications will face heavier scrutiny.

Common reasons why applications for study permits
Ties to Home Country
Applicants must demonstrate that they will leave Canada and return to their home country upon completion of their studies.

Although applicants may intend to either extend their study permit or apply for subsequent visas (ex. post-graduate work permit), they must still provide proof of intent to return to home country.

Examples:

  • Evidence of family members in home country (ID documents, reference letters, etc.)
  • Proof of assets and/or investments in home country (real estate, business ownership, vehicle, etc.)
  • Future employment and/or job prospects in home country (letter of intent, proof of healthy job market in your specified field of study, etc.)
  • Responsibilities in home country which requires your (eventual) physical presence back home (children, spouse, taking care of sick family member, etc.)
Study Plan
A study plan provides officers with insight on how your Canadian education will facilitate your long-term educational goals or career aspirations. This is a critical component of your study permit application package – thus it is important to invest a great deal of effort into it!

Immigration officers will examine why you wish to study in Canada and the reasons behind your program choice. For example, if you intend to pursue a career in Accounting, you should provide evidence of a strong job market in your home country.

What you should include in your study plan?
  • Why you wish to study in Canada?
    What your career aspirations and educational objective are?
  • Why you are not pursuing a similar program in your country of residence?
  • How will this program of study enhance your employment prospects in your native country?
  • Do you have any employment offer, internship, or volunteer position dependent on the completion of your Canadian studies?
Financial Support

Applicants must provide evidence that they possess enough funds to cover the first year of tuition and living expenses.

This can be accomplished by providing copies of your bank statements, proof of student loan, and/or proof of tuition paid. Applicants can easily be refused a study permit for failure to show sufficient funds.

Shabnam Akrami Managing Partner
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Misrepresentation

What is Misrepresentation?

Immigration Refugees and Citizenship Canada (IRCC) defines misrepresentation as lying and/or sending false documents in any application.

IRCC classifies misrepresentation as a serious criminal offense. If convicted, in addition to a refusal, you can receive an immediate 5-year ban to enter Canada, as well as a fine up to $100,000 or imprisonment. In addition, you will be permanently “red-flagged” with IRCC for any future applications.

Once your 5-year ban is lifted, you will be allowed to apply for an immigration visa to enter Canada. Be aware that given your previous conviction of misrepresentation, immigration officers will closely analyze any future applications.

Depending on your situation, being convicted of misrepresentation can also result in a:

  • Recusal of your permanent resident status in Canada
  • Criminal record
  • Removal order to exit Canada

When completing forms or providing documents, it is critical that you ensure the information being provided is truthful and accurate. Whether it was intentional or unintentional, you are ultimately responsible for any material errors or omissions made in your application.

What if I made a small error?

Generally, a small or innocent mistake such as a misspelled name or date of birth will not be considered misrepresentation.

The rule of thumb is whether you lied about and/or withheld a material fact that would affect the application and mislead the immigration officer. This cannot be stressed enough, as it can be difficult to address errors and/or omission and justify the misrepresentation to the immigration officer.

What if I made a small error?

When applying for a study permit, the most common examples of misrepresentation include the following:

  • Failure to declare a family member
  • Failure to mention previous refusals
  • Submitting a fraudulent or altered school acceptance letter
Misrepresentation by Others on Application
Just because you provided truthful information and legitimate documents does not mean that you cannot be charged with misrepresentation.

If anyone included in your application (ex. family member) provides false information or fraudulent documents, it is you, the principal applicant, who will be at fault, even if you were unaware.

What can I do if my Study
Permit was Refused?

If your study permit was refused for any reason other than misrepresentation, there are a few options available to you.
Re-Apply
The quickest solution is to re-apply. However, it is important to identify the reason(s) why your application was refused and properly address the reasons for refusal in your subsequent application.

Many of our clients have succumb to submitting numerous study permit applications without addressing the reasons for refusal. Not only does this result in multiple refusals, but immigration officers can be reluctant to approve a study permit application if you re-apply within the same year of receiving a refusal, particularly if you are applying on your own.

Judicial Review
If your application for a study permit was refusal and the reasons for refusal are inadequate based on the evidence presented in your application, you may appeal the refusal to the Federal Court of Canada through a process known as Judicial Review.

This can be a lengthy and expensive process and should be considered a last resort.

How to Address
Misrepresentation

If you have been charged with misrepresentation by IRCC, your first recourse isto respond to the charge and explain yourself through a process known as procedural fairness.

If you have been convicted of misrepresentation and given a 5-year ban to enter Canada, you may be eligible to appeal the IRCC decision through the following routes:

Authorization to Return (ARC)
If you received a removal order to leave Canada (ex. Departure Order, Exclusion Order or Deportation Order), you can apply for an Authorization to Return to Canada.
Temporary Resident Permit (TRP)
A TRP will allow you to enter Canada on a temporary and limited basis even though you are deemed inadmissible.
Judicial Review
You may appeal your conviction of misrepresentation to the Federal Court of Canada through a process known as judicial review.

Have a Question?

How We Can Help

At Visapath, our representatives help clients become nominated by provinces all over Canada, ensuring they secure their nomination and achieve permanent residency.

Our representatives are up to date with PNP requirements and can help you select the program which best suits your situation. PNP applications can be tiresome and complex. Our representatives are here to alleviate your stress and worries and guide you towards your dream in becoming Canadian permanent residents.

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Testimonials

Finding Shab and her team of experts was a blessing in disguise. I wanted her assistance in obtaining a student study permit for my cousin to study here in Canada.Within two months the response that we were praying for arrive in an email, “you have been approved”.Words could not express how I felt. They are dedicated to your cause, detailed, concise, and very professional in all aspects of your application.

Maurice Edwards

I worked with Mrs. Akrami first for the Study Permit of my son and then for my Work Permit. She is very professional, knowledgeable. Her guidance and advice were World Class. I highly recommend her services.

KayhanZirhlioglu

Shabnam and Giovanni are great! My cousins and a friend were refused the first time they applied for the student visa in Canada. Shabnam and Giovanni help them resubmit the application, and get the applications approved. They are real experts in the immigration field and can help to solve hard cases. They are professional, capable, and very easy to communicate with. They respond email promptly, and with clear answer to my questions. I’m glad I made the choice to the firm to handle those cases, and I am highly recommend them.

Ke Gong

I needed a work permit to accompany my wife to Canada; she needed a study permit. There were some legal complications regarding my wife’s application, and we were so worried about the process being so time consuming and a little vague. Ms. Akrami made everything so easy for us from the very beginning. She was refreshingly honest and never gave us any false hopes or promises. Everything was explained to us clearly and sincerely. Although almost all of our communication were via email, it felt like we did it face to face; the emails were answered almost immediately and efficiently. We are so pleased with the services and definitely recommend this firm to others.

Hooshman K.

Frequently Asked Questions

Why is my study permit refused?

If you were accepted into a designated learning institution and received an accepted letter stating the year and program you are enrolled in. Then the next step is applying for a study permit. Many people look at the CIC website and think that a study permit is an easy application. The acceptance letter is the most important document needed, so the rest is not necessary to submit or explain. 

Unfortunately this is not true, there are many reasons why a study permit is refused, here are a few common reasons:

  • Not strong enough ties to home country
  • The officer does not believe that they will go back to their home country after their stay
  • Finances
  • Personal assets
  • Other factors (programs, start date, past experience, etc.)
What can I do now that my study permit has been refused?

If you received a refusal for a study permit application, then you do have other options available for you. You may be suggested to re-apply for study permit and address some of the concerns the officer mentioned on the refusal letter. In the decision letter usually it states that the you can re-apply if you are able to address the concerns expressed. Other options are available instead of re-applying, but it is important to discuss the applicant’s situation in further detail and then see which options can get the applicant a successful application.

Do I still have to pay the government fees if I choose to re-apply for a study permit again?

Yes, if you decided to re- apply for a study permit than you do have to pay the government fee again. The government fees are for the CIC to process the application for them to get make a decision on your application.

The previous government fee is for the previous application, you cannot transfer that amount for a new study permit application.