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.
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.
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.)
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.
- 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?
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.
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
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?
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.
This can be a lengthy and expensive process and should be considered a last resort.
How to Address
Misrepresentation
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:
Have a Question?
How We Can Help
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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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.