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Video What If My Study Permit is Refused? (Lawyer post secondary options)
M/canadian-immigration/temporary-visas/study-permit-for-students/ Do you wish to study in Canada?
Hi! This is Michael Niren, immigration lawyer and founder of visaplace.com. We were asked,"What if my study permit is refused?" Well hopefully, that doesn't happen to you butif it does, there are options. Now, generally speaking, when you apply for a study permit,you have to show that you qualify for the course of study. If you're going to a universityor college, any educational institution, you have to show that you have been accepted.A letter of acceptance is usually the way to show that. You have to show you have financialsupport during your course of study and that you're intent for coming to Canada or UnitedStates, depending upon where you want to go, is temporary. So this is a non-immigrant visa.It's not an immigrant visa. Study permit is a non-immigrant visa.So there could be a number of reasons for refusal. For example, you don't have the financialmeans or they don't believe that you are really a temporary immigrant or that you just don'tqualify for the course of study. There's a whole host of reasons that you may be refused.But the question is what happens if you are refused. And the answer is this: What we dois you have to look at the application in depth. Find out what is the reason why, readthe letter. Usually there is a refusal letter from the immigration officer that outlinesthe reasons for refusal and go deep into the case. And in many cases, what we end up doingis reapplying. Now, again, it depends in the circumstances. Now, sometimes when you area family member and you, let's say husband or wife, and you want to come to Canada andstudy, you want to bring your entire family with you. So you're not showing
sufficientties to your home country. Now that does not mean you can't bring them, but part of theanalysis of finding out what went wrong with your application is to investigate whetheror not there are sufficient ties to your home country. Again, there could be other reasons.But we have many cases where people come to us and their applications are refused butwe're able to get it back on track by analyzing their case and resubmitting them.There's also a possibility of appealing, formally appealing a refusal to the federal court.That's a very serious approach to take. It's often very costly. And unless the immigrationofficer makes an error in law and/or fact, you're not going to win and it's very verytough to win on a study permit refusal at the federal court. So generally speaking,I don't recommend going down that route. What I recommend is considering reapplying. Butif you're going to reapply, there has to be a good reason for doing so.Now if you are approved, essentially what happens is that you apply at the embassy andthen you'll be issued what is called the study permit which will be valid for a certain periodof time. Then you come to the port of entry in Canada, if it's Canada, and you'll be issueda permit for entry. Sometimes that's multiple entry, sometimes it's single entry, it reallydepends on the case. So in any event, if your application for a study permit is refused,don't lose hope. There's always a solution in most cases. So come to our website andcheck us out at www.visaplace.com
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