# We can do it

Study Permit Refusals at World Gates

Unfortunately,  even with careful planning and diligent submission of the right documents,  some proportion of admitted students will face study permit refusals.

Why World Gates?

By Ala Moayeri

Study Permit Refusals

A letter of admission from a college or university in Canada can be a very exciting moment for international students. However, students must then apply for a study permit and in order to begin their coursework. This is a very complicated and involved process that requires careful planning and thought. At World Gates, we advise students to begin this process several months in advance and to submit a complete application at least 3 months before their studies begin. Unfortunately, even with careful planning and diligent submission of the right documents, some proportion of admitted students face study permit refusals. Based on our experience, we have noted that the most common reasons for refusal include 1) insufficient or unverifiable funds, 2) illogical choice of a study program, 3) absence of ties to home country, and 4) inadequate travel history/Language proficiency

Common Reasons For Refusal

Lack of Sufficient Funding

Applicants are required to provide proof of adequate finances for the first year of their program for themselves and additional family members, any.
The following supporting documents are considered for proof of funds:

      • Bank Statements  and 4 month transaction history from the student or the financial supporter

     

        • Proof of a Canadian bank account in your name, if you've transferred money to Canada

       

          • Guaranteed Investment Certificate (GIC) from a participating Canadian financial institution

         

        • Proof of a student or education loan from a bank
        • proof you paid tuition and housing fees
      • A letter from the person or school giving you money, or proof of funding paid from within Canada, if you have a scholarship or are in a Canadian-funded educational program

Consider the following scenario:

  • Your first tuition is $16,000.00 CAD, and your fiancé is accompanying you.
  • Your application must show proof of funds for $30,000 CAD.
    • Tuition: $16,000 CAD
    • Living: $10,000 CAD (Student)
    • Living:   $4,000 CAD (Family member)
  • If your permit is refused on the basis of inadequate funding, make arrangements for funds that exceed the minimum.
  • Funding without a transaction history will not work.
    • Example: Transfer for a lump sum right before your application
  • There should be a logical connection between your source of income and the amount in your bank account.

Source: IRCC website

Persons Coming to Canada
Funds required per Year (not including tuition)
Per Month conversion (not including tuition)
The Student
$10,000.00 CAD
$833.00 CAD
First Family member
$4,000.00 CAD
$333.00 CAD
Each additional family member
$3,000.00 CAD
$255.00 CAD

Common Reasons For Refusal

Choice of Study of Program

When you are applying for your Study Permit, a main part of convincing the Immigration Officer has to do with the previous studies and/or employment and how they co-relate to your new studies. Therefore, it is important to chart out a proper study plan to understand the reasons and purpose for higher studies in Canada. This helps in proper communication of the plan to the visa officer efficiently and effectively. Failing to provide sufficient information may result in your application being rejected on the grounds that your background does not connect to the field you are looking to pursue. A proper study plan or statement of purpose enables a visa officer to understand why a particular student wants to opt for Canada as their study destination, but they also want to ensure that the student follows their plan sincerely. Example: Behrad applied to DLI for the MBA program. His Study Permit application got rejected as his previous educational and employment background was in Dentistry. He was operating as a Dental Surgeon, therefore his Study Plan was not convincing enough to show how this MBA program can help him in his Dental career.

Consider the following scenario:

  • Your first tuition is $16,000.00 CAD, and your fiancé is accompanying you.
  • Your application must show proof of funds for $30,000 CAD.
    • Tuition: $16,000 CAD
    • Living: $10,000 CAD (Student)
    • Living:   $4,000 CAD (Family member)
  • If your permit is refused on the basis of inadequate funding, make arrangements for funds that exceed the minimum.
  • Funding without a transaction history will not work.
    • Example: Transfer for a lump sum right before your application
  • There should be a logical connection between your source of income and the amount in your bank account.

Source: IRCC website

Common Reasons For Refusal

Lack of Sufficient Funding

Applicants are required to provide proof of adequate finances for the first year of their program for themselves and additional family members, any.
The following supporting documents are considered for proof of funds:

      • Bank Statements  and 4 month transaction history from the student or the financial supporter

     

        • Proof of a Canadian bank account in your name, if you've transferred money to Canada

       

          • Guaranteed Investment Certificate (GIC) from a participating Canadian financial institution

         

        • Proof of a student or education loan from a bank
        • proof you paid tuition and housing fees
      • A letter from the person or school giving you money, or proof of funding paid from within Canada, if you have a scholarship or are in a Canadian-funded educational program
Persons Coming to Canada
Funds required per Year (not including tuition)
Per Month conversion (not including tuition)
The Student
$10,000.00 CAD
$833.00 CAD
First Family member
$4,000.00 CAD
$333.00 CAD
Each additional family member
$3,000.00 CAD
$255.00 CAD

Common Reasons For Refusal

Choice of Study of Program

When you are applying for your Study Permit, a main part of convincing the Immigration Officer has to do with the previous studies and/or employment and how they co-relate to your new studies. Therefore, it is important to chart out a proper study plan to understand the reasons and purpose for higher studies in Canada. This helps in proper communication of the plan to the visa officer efficiently and effectively.

Failing to provide sufficient information may result in your application being rejected on the grounds that your background does not connect to the field you are looking to pursue.

A proper study plan or statement of purpose enables a visa officer to understand why a particular student wants to opt for Canada as their study destination, but they also want to ensure that the student follows their plan sincerely.

Example: Behrad applied to DLI for the MBA program. His Study Permit application got rejected as his previous educational and employment background was in Dentistry. He was operating as a Dental Surgeon, therefore his Study Plan was not convincing enough to show how this MBA program can help him in his Dental career.

Common Reasons For Refusal

Ties to Home Country

 

  • Visa officer is concerned with using education as a back door for permanent settlement.
  • Lack of intent to return is established by:
    1. Sparse family ties in home country.
    2. Lack of assets in home country.
    3. Lack of opportunity in home country.
  • Applicant must provide supporting documents to establish strong family ties, assets, and opportunity to avoid this issue

Common Reasons For Refusal

Travel History/Language Proficiency

  • Lack of foreign travel history can raise red flags. Visa officer wants to see a history of timely return to home country.
  • The more trips with timely return, the more satisfied a visa officer is that the applicant will return home after completion of studies. Applicant is advised to highlight such trips in their application.
  • Proficiency in English or French is also important. Applicant should highlight good scores on language tests or establish language proficiency through other documentation such as educational history.

We can do it

Why World Gates?

At World Gates we do our best to prepare applicants to avoid these pitfalls during their first submission. Our goal is always to help applicants put their best foot forward. However, it can be difficult to predict whether even the strongest, most well thought out application will pass muster. Students should be aware that visa officers have full discretion over the decision to approve or reject an application. That being said, students should also understand that an initial refusal does not mean that the door to a Canadian education has been completely closed. At World Gates we encourage students to not give up. We do this because there are strategies available to us to overcome a refusal. In this article we will provide a brief overview of how World Gates addresses study permit refusals. Our strategy has a high success rate and that should be encouraging news for students, DLIs, and student recruiters.   When faced with a study permit application refusal, World Gates offers three ways to overcome such an outcome. Depending on the particulars of a case, students can choose to defend, amend, or appeal a study permit refusal. We will discuss each of these options in the remainder of this article.

Ways to overcome refusal:

Ways to overcome refusal Defend

If your study permit is refused, you may choose to defend your application and file for an application to reconsider. It is crucial that you apply for reconsideration within the first couple of days after receiving a refusal letter. Reconsideration is an opportunity for the applicant to either point out a mistake or oversight committed by the visa officer, or advise the visa officer of new evidence which was not available at the time when the refusal was issued. This means that the applicant will submit a letter of explanation that highlights new or existing evidence that was neglected by the visa officer. Please note that a reconsideration is not an appeal. Also note that you will not have to pay the application fee again. That being said, visa officers have no legal obligation to respond to the reconsideration application: they may just ask you to submit a completely new application.  

Ways to overcome refusal Amend

If the visa officer rejects your request to reconsider, then it is likely the case that your application falls short on one or more of the common reasons for refusal that we discussed earlier. The best course of action in this scenario is to take steps to address those shortcomings, and to re-apply for the study permit all over again. In other words, we would advise you to amend your previous application and re-submit a stronger one. In order to strengthen your application, you must understand where exactly it was weak in the first place. The best way to gain this understanding is to apply for an “Access to Information and Privacy” Report (ATIP). The ATIP report will outline the visa officer’s rationale behind their decision and provide you with an opportunity to understand what areas require improvement. The World Gates online platform offers step-by-step instructions on how to procure an ATIP. You are welcome to contact our team and discuss options to access this guide, and more.

Ways to overcome refusal Appeal

Suppose an analysis of your ATIP reveals that you submitted complete and accurate information, and met all eligibility criteria for study permit approval. However, the visa officer refuses your permit anyway. In this case, we will assess whether the refusal was based on a misapplication of law or fact. If we feel this is the case, the student will have legal grounds to appeal the refusal in court via a process called Judicial Review. Judicial Review is a formal legal proceeding that takes place in court in front of a judge and therefore requires the services of a licensed immigration lawyer. Also note that retaining an immigration lawyer for this purpose is not mandatory. The Canadian legal system allows individuals to represent themselves. However, doing so is not advisable given the technical nature of judicial proceedings. If you choose to file for judicial review, you have 60 days from the date of refusal to do so IF your application was submitted from outside Canada. If your application was submitted application from within Canada, then you must file for judicial review within 15 days of the refusal date.

Step 3Prepare Application Record (AR)

  • The Application Record expands on the settlement offer with more technical and detailed arguments. This is a much longer and formal submission, since this will be reviewed by a Federal Judge.
  • The deadline to submit the Application Record is always 30 daysfrom the date we receive the Rule 9 notes (as mentioned in Step 1)
  • Once we submit the Application Record, the IRCC lawyer will have 30 daysto provide their own arguments and respond to the arguments made in the Application Record.
  • Once lawyer receive the IRCC lawyer’s response, we proceed to Step 4.

Step 4Wait for Judge to Make Final Decision

  • The federal judge will review all the arguments from both sides. This process generally takes 6-8 months, but varies depending on how busy the court is.
  • If the judge finds that the visa officer made an error, then the judge will grant “leave” (leave = permission) to proceed to a hearing. At the hearing, lawyer will present oral arguments to the court.

1. If the hearing is won, your application will be re-opened for re-determination

2. If the hearing is lost, your file is closed and the appeal is over.

  • If the judge finds that the officer did notmake an error, then the judge will dismiss your application and the appeal is over.

What is Judicial Review:

How Does the Judicial Review Process Work?

Step 1: File the application for judicial review to begin the judicial review process.

  • For applications made outsideof Canada, students  have 60 days from the date of refusal letter to begin the Judicial Review process.  
  • If you do nothave the GCMS notes, you must wait to receive the Rule 9 officer notes, which generally takes between 3-6 weeks to receive, depending on the visa office

1. If you already have the GCMS notes, then lawyer  can proceed to Step 2.

2. The Rule 9 notes are equivalent to the GCMS notes, which provides details about why the officer refused your application.

3. lawyer cannot proceed to Step 2 until we receive the Rule 9 notes and assess the officer’s detailed reasons. The refusal letter you received is not the same as the         GCMS notes.

Step 2: Prepare a Settlement Proposal

  • lawyer  begin preparing a settlement offer to try and settle the case early with the IRCC lawyer. This will take us approximately 2 weeks to prepare.
  • The settlement proposal will highlight all applicable errors made by the visa officer.
  • student will be provided with a copy of the settlement proposal for your review and approval before we submit it to the IRCC lawyer
  • Once the settlement proposal is submitted, lawyer generally provide the IRCC lawyer with 2 weeks to respond but this may vary depending on their schedule.
  • If the settlement proposal is accepted, student application will be re-opened for re-determination.
  • If the settlement proposal is refused, then we proceed to Step 3.

** lawyer working with us  always try to settle at this Step, but keep in mind that this does not always happen. **

What is Judicial Review:

How Does the Judicial Review Process Work?

Step 1: File the application for judicial review to begin the judicial review process.

  • For applications made outsideof Canada, students  have 60 days from the date of refusal letter to begin the Judicial Review process.  
  • If you do nothave the GCMS notes, you must wait to receive the Rule 9 officer notes, which generally takes between 3-6 weeks to receive, depending on the visa office

1. If you already have the GCMS notes, then lawyer  can proceed to Step 2.

2. The Rule 9 notes are equivalent to the GCMS notes, which provides details about why the officer refused your application.

3. lawyer cannot proceed to Step 2 until we receive the Rule 9 notes and assess the officer’s detailed reasons. The refusal letter you received is not the same as the         GCMS notes.

Step 2: Prepare a Settlement Proposal

  • lawyer  begin preparing a settlement offer to try and settle the case early with the IRCC lawyer. This will take us approximately 2 weeks to prepare.
  • The settlement proposal will highlight all applicable errors made by the visa officer.
  • student will be provided with a copy of the settlement proposal for your review and approval before we submit it to the IRCC lawyer
  • Once the settlement proposal is submitted, lawyer generally provide the IRCC lawyer with 2 weeks to respond but this may vary depending on their schedule.
  • If the settlement proposal is accepted, student application will be re-opened for re-determination.
  • If the settlement proposal is refused, then we proceed to Step 3.

** lawyer working with us  always try to settle at this Step, but keep in mind that this does not always happen. **

Step 3Prepare Application Record (AR)

  • The Application Record expands on the settlement offer with more technical and detailed arguments. This is a much longer and formal submission, since this will be reviewed by a Federal Judge.
  • The deadline to submit the Application Record is always 30 daysfrom the date we receive the Rule 9 notes (as mentioned in Step 1)
  • Once we submit the Application Record, the IRCC lawyer will have 30 daysto provide their own arguments and respond to the arguments made in the Application Record.
  • Once lawyer receive the IRCC lawyer’s response, we proceed to Step 4.

Step 4Wait for Judge to Make Final Decision

  • The federal judge will review all the arguments from both sides. This process generally takes 6-8 months, but varies depending on how busy the court is.
  • If the judge finds that the visa officer made an error, then the judge will grant “leave” (leave = permission) to proceed to a hearing. At the hearing, lawyer will present oral arguments to the court.

1. If the hearing is won, your application will be re-opened for re-determination

2. If the hearing is lost, your file is closed and the appeal is over.

  • If the judge finds that the officer did notmake an error, then the judge will dismiss your application and the appeal is over.