Top 10 Reasons for a Study Permit Canada visa refusal

Some trends based on consults with clients over the years seem to indicate that there are a few factors that might make it more likely for your Canadian student visa to get refused. Now more than ever, with no recent Express Entry draws, people are looking to come to Canada as international students. In this blog post, we’ll look at some most common reasons for Canadian student visa rejection. Make sure to consider the following factors when deciding whether a study permit application makes sense for you and please book a consult to discuss your particular situation. 

10. Long gap between your last period of studies and now 

  • Are you a mature student? 

  • Has it been over 5 years since you last attended school?

  • Have you been doing something completely different with your life than abruptly seeking a study permit in Canada?

It may be hard to show an Immigration Officer that you have a genuine temporary intent to study at a Designated Learning Institution (DLI) in Canada if you have been out of school for many years. 

9. You have a history of prior SP or TRV refusals

  • Is this the second,third, or even fourth time that you are applying to Canada?

  • Have you also applied for study permits or visitor visas to other countries and been refused?

It may be hard for Canadian Immigration authorities to believe that you have a valid temporary intent to study in Canada if you have submitted weak study permit applications in the past to different programs of studies or where your reasons for a study permit did not seem well thought through. It is much better to get it right the first time with a detailed and organized application that makes sense for your life circumstances. 

If you have applied for study permits or visitor visas to other countries and been refused, this is also a factor that can make it harder for you to get approved for a study permit to Canada. Take note that you absolutely must disclose any prior refusal of a permit or visa to Canada AND you must also disclose any refusal of a permit or visa to any other country, ever. Many people do not properly read this question on Canadian immigration forms. Failing to disclose a US visa refusal, or failing to disclose a refusal of your permit to any other country, can be misrepresentation. If you are found to have misrepresented you will be inadmissible to Canada for 5 years. Be honest and be very careful about checking your travel records. If you have been refused in the past, make sure to explain why you were refused and whether your circumstances have changed.

8. You have submitted an Express Entry profile or submitted another PR application to Canada

  • Have you already submitted an EE profile?

  • Have you previously submitted an EE profile but withdrawn it or it expired?

  • Have you been sponsored as a spouse in the past?

  • Have you submitted a different economic application for PR (self-employed or PNP, etc.)?

Immigration officers can see all your current or previously submitted applications for Permanent Residency in Canada. If you have a permanent intent to reside in Canada that overrides your temporary intent, you can be refused your study permit. It is possible to have a valid dual intent, meaning you want to study and one day become a PR, but your temporary intent and your willingness to return to your home country must be evident. 

It is pointless to try to hide your past PR application to Canada. With data analytics, officers can see your case history. Instead, acknowledge your prior PR application, explain what happened and why, and demonstrate factors that show your temporary intent now.

7. You want to bring your spouse and/or kids with you to Canada

  • Are you applying as a student and also trying to apply for your spouse’s open spousal work permit?

  • Are you applying as a student and also trying to apply for study permits or visitor records for your children?

If you and your spouse both want to come to Canada, it makes it harder to show that you have strong family ties in your home country. That said, if you and your spouse do want to both come to Canada, be honest about this. It may not be genuine to apply alone and get approved for the study permit and then turn around and try to apply for the open spousal work permit for your spouse afterward. Immigration may very well refuse your spouse’s open spousal work permit if your spouse cannot show strong ties to his/ her/ their country of nationality. Also, make sure you have not misrepresented in your study permit application if you said your spouse was going to remain in your home country. 

Do you and your spouse have children? Will you be applying for study permits or visitor records for your children? If yes, that also reduces your ties to your home country if everyone in your nuclear family is accompanying you to Canada. 

If you are a single parent applying for a Canadian study permit and trying to bring your children to Canada, you may have a hard time demonstrating how you will be able to study full-time, take care of your children, and afford everything. Have a solid plan and be able to describe your plan as part of your study permit application. 

6. You have siblings or family already in Canada

  • Do you have a brother or a sister who is already in Canada?

  • Do you have aunts/uncles or cousins or parents already in Canada?

If you also have siblings or family who are already in Canada as citizens, Permanent Residents, or who are in Canada with temporary status (visitors, study permit or work permit holders) and few close family members in your country of nationality, it also shows more of a pull to Canada and can lead officers to believe you may not return to your home country after your studies are completed. 

5. Your marks were low in your last program of studies

  • Did you get Cs and Ds? Was your grade point average low? Did you have a history of low marks in your last program of studies?

Immigration officers can question your ability to succeed in a Canadian DLI if your grades are low and you are not able to show a history of academic achievement.  

4. Your English or French language skills are low

  • Do you have any background in English or French? Did you write the IELTS general or the IELTS academic exam in order to get into your DLI? If your language scores are below 7, it may be harder for you to prove that you will do well in school in Canada.

If you cannot demonstrate proficiency in English or French then it will be much more difficult to show that you intend to actively pursue your studies and that there is a good likelihood that you will pass your Canadian courses. 

3. No logical connection between your prior education/ career and the program you are seeking in Canada

  • Were you in a totally different field of study?

  • Were you working in a totally different occupation or career?

You may be refused if you fail to show a logical connection between your prior education and career and what you want to do in the future. How will this Canadian education increase your chances of employability or success in your home country? Why do you need to take this education in Canada if there are local programs available to you at a lower cost?

2. You cannot show that you have sufficient finances to afford your Canadian studies

  • Have you been working and saving your funds?

  • Is there a large lump sum deposit in your bank account?

  • Do you have property in your own name?

Be careful to prove that you have sufficient funds to support yourself and your dependent family members (if applicable). If there are large sums of money that come from your parents, make sure to get a properly notarized gift deed and provide proof of where the funds came from and that it is not a debt or a loan. Have you created a budget for how you will afford your tuition plus books plus living expenses in Canada?

1. Misrepresentation

  • Have you been dishonest on a prior immigration application?

  • Has one of your family members been dishonest on an immigration application?

  • Have you personally and carefully reviewed every aspect of your application?

Tell the truth, the whole truth, and nothing but the truth. If IRCC finds that you, or anyone you have hired to help you with your application, have misrepresented your travel history, criminal history, medical history, provided incorrect supporting documents, or did anything that could cause an error in the administration of the Immigration and Refugee Protection Act (IRPA) or Immigration and Refugee Protection Regulations (IRPR) then you can be inadmissible to Canada for 5 years. 

The Federal Court has held that it is your responsibility to carefully review your immigration application and the accuracy of all information on your application. The onus is on you to ensure every single thing on your immigration application is correct and complete. You can even be found to have misrepresented if your consultant or representative submitted something without your knowledge. Misrepresentation is also by far one of the most serious reasons for Canada study visa rejection, so you have to be really careful with what you enter in your application.

 

Continue Reading

About the author:

Alicia Backman-Beharry

Canadian Immigration Lawyer

Previous
Previous

If my spouse is Canadian, should they be listed as accompanying or non-accompanying in my EE profile?

Next
Next

How Long Can I stay in Canada after my Work Permit expires?