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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 but
if 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 university
or 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 financial
support during your course of study and that you're intent for coming to Canada or United
States, 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 financial
means or they don't believe that you are really a temporary immigrant or that you just don't
qualify 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 do
is you have to look at the application in depth. Find out what is the reason why, read
the letter. Usually there is a refusal letter from the immigration officer that outlines
the reasons for refusal and go deep into the case. And in many cases, what we end up doing
is reapplying. Now, again, it depends in the circumstances. Now, sometimes when you are
a family member and you, let's say husband or wife, and you want to come to Canada and
study, you want to bring your entire family with you. So you're not showing

sufficient
ties to your home country. Now that does not mean you can't bring them, but part of the
analysis of finding out what went wrong with your application is to investigate whether
or 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 but
we'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 immigration
officer makes an error in law and/or fact, you're not going to win and it's very very
tough 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. But
if 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 and
then you'll be issued what is called the study permit which will be valid for a certain period
of time. Then you come to the port of entry in Canada, if it's Canada, and you'll be issued
a permit for entry. Sometimes that's multiple entry, sometimes it's single entry, it really
depends 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 and
check us out at www.visaplace.com

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