Canadian study visa refusal – RainCity Immigration Ltd

Refusal of Canadian Student Visa

Good news!

If your Canadian student visa has been rejected, don’t worry. The world hasn’t ended. There are still solutions available for you. This move is aimed at tackling abuses and fraud related to LMIA. Applicants should focus on improving their language skills, education, and work experience to increase their CRS score. This decision is temporary and the situation may change in the future.

Rejected? Hire Monsieur Poirot!

What does rejection mean? A Canadian visa refusal, or what some refer to as visa refusal, can happen for various reasons.

We have examined the processes and actions to take after a visa refusal, especially for Canadian student visa refusals, in this article.

What is the main reason immigration officers reject applications?

Generally, the reason for a Canadian visa refusal is that the officer is not convinced that your intent to stay in Canada is temporary, and they believe that you will not leave Canada after your temporary stay.

Negative feelings after visa refusal and starting investigations

Was your visa denied? You’re definitely upset. You probably have many questions. Usually, you first doubt the file submitted to the immigration office, and your investigations begin. You will find everything you need in this article. Yes, you’re in the right place for your inquiries.

Don’t rush to put the handcuffs on yourself! You’re dealing with an officer, a human being, so there’s a high chance of mistakes. Therefore, a visa refusal and receiving a refusal letter doesn’t automatically mean that everything the officer marked is correct. So, before jumping to conclusions and blaming yourself, familiarize yourself with the process of reviewing your case.

In general, why do officers reject some applications?

High demand, low capacity

The plain reality is this: Canada is an attractive destination, and there’s a wave of people from all over the world trying to get in. But does this country with 35 million people have the capacity for that many immigrants? Definitely not. In 2019, more than a million applications for study permits came from India alone. A million people from just one country. So we’re faced with high demand and limited capacity, leaving no choice but to reject some applications. No one wants to be among the rejected.

Time constraints lead to mistakes

Very quickly. Officers have to act fast when dealing with applications. Look at the chart below showing the number of study permit applications to Canada from six countries. Yes, the numbers are huge, and the human resources available to handle these applications are limited. This is where officers must move fast. According to informed sources, each officer might spend less than 6 minutes reviewing a case. Seriously, how can they thoroughly check all the required documents for a visa in just 6 minutes?

Acceptance and refusal rates of Canadian student visas for Iranians over the past three years

	2019	2020	2021	2022
Number of student visa applications approved	6,177	3,774	6,429	–
Number of student visa applications rejected	7,969	4,430	10,036	–
Total number of study permit holders	9,680	6,970	11,930	13,500

Given this little time, do officers make mistakes?

Of course they do. But saying this shouldn’t make you happy or upset. Your job is to apply well and organize your documents accurately and neatly.

Flaws in applications

In most cases, issues with the application and lack of documents lead to the refusal of Canadian student visas. In this regard, your scenario and planning should be such that you can convince the officer. Otherwise, they’ll deny your Canadian visa. Many factors influence the officer’s decision to issue or reject a visa. Don’t rush, and stick with us in this article.

For example, an applicant is 40 years old, doesn’t have a diploma or a language certificate. They are married and have applied for a student visa for themselves, as well as accompanying visas for their spouse and child. Their application was rejected by the officer because there are doubts about the applicant’s intention for temporary immigration to Canada. Therefore, the applicant was denied due to not providing a suitable study plan and failing to convince the officer of their intent to return after their studies.

Before committing a crime, you are a criminal!

Keep in mind that in the Canadian immigration system, you are assumed guilty at first and must prove your innocence from the very beginning. Legally, the presumption is that you intend to stay in Canada unless you prove otherwise. So, it is your responsibility to defend yourself without any request from you at the start of the process. Yes, you didn’t commit a crime, but you must prove that you are not guilty.

Let’s review Section 216 of the Immigration Act:

The applicant always has the responsibility to demonstrate the intent for temporary residence in Canada and that they will leave Canada at the end of their studies.

The refusal letter has been issued - what does it say?

For every case that gets rejected, the officer is required to issue a written letter stating the general reasons for the refusal of the applicant’s visa. In this letter, the officer marks the options that they believe the applicant has failed to convince them about and posts the letter in the applicant’s online visa account.

Usually, the refusal letter from the Canadian embassy is issued within a week after the biometrics appointment. However, in some cases, a longer wait for the refusal letter has been observed. Here’s a sample of a refusal letter for a study visa.

The refusal letter, as you can see, is vague and unclear. Your study plan seemed fine but the officer thinks it was unclear. Your financial documents appear good and without issue, yet the officer has a different opinion. But there’s no explanation in this letter, and that confuses you.

But is there really no way to get more information?

How can I find out more specifically about the reasons for the refusal of my Canadian study visa?

Access to information in Canada should be free. This means you should be able to see behind the scenes of government departments. Well, this is one of the appealing things about Canada. The ATIP, or the Access to Information and Privacy Act, allows you to access documents submitted to about 270 active organizations in Canada. One of these organizations is the Immigration Department of Canada.

So at this stage, you submit a request for the officer’s notes.

What information is in the case note letter?

The case note letter is known as the registration and officer’s explanation letter. In this letter, you find more information compared to the refusal letter. However, this information isn’t necessarily detailed and specifically written for your case.

Reasons for the refusal of a Canadian study visa

Typically, when a study visa application is rejected in Canada, the applicant receives a message like this:

According to Canada’s immigration laws, the applicant must demonstrate their intent to return to their home country after studying in Canada. You need to show the visa officer that you meet the visa criteria per subsection 12 of the law, and you must also prove that you have sufficient funds to cover your tuition and living expenses in Canada. After a thorough review of all the documents you submitted, I am not convinced that you meet the qualifications to obtain a Canadian study visa. For this reason, I am rejecting your study visa application. The reason for this decision is due to one or more of the following issues:

The purpose of your studies is not logical and convincing (this was the reason for 77% of refusals from 2019 to 2021).

Your study program is vague.

You did not convince me that you will leave Canada after completing your program (this was the reason for 26% of refusals from 2019 to 2021).

Your ties to your home country are weaker than your ties to the destination country.

You did not prove that you have sufficient funds for your studies, living expenses, and return to your home country.

You did not submit all the required documents.

Based on the documents and forms submitted, I am not convinced that you have completed everything correctly.

The most common reasons for the refusal of study visas for Iranians

Based on our experience at RainCity, most Iranian applicants are rejected for one of the following reasons:

Weak family ties to the country of residence

The lack of enough ties and emotional connections to your home country can negatively impact the visa process, as it might raise doubts for the officer. For example, if you have siblings in Montreal and are considering studying at Concordia University.

Solution:

Explain that you are emotionally attached to your home country and that your family members are so important that life would be difficult for you without them.

Lack of job prospects in your home country

What is your career plan after completing your studies? What job motivation makes you want to return to your home country?

Solution:

For individuals who are currently employed, providing a letter from the applicant’s current employer that shows there will still be job security for them after completing their studies in Canada and returning home can be solid evidence to ensure the applicant’s employment prospects. Additionally, applicants who are not currently employed can present reasons that studying a specific field at a Canadian university will help them secure a suitable job position in their home country in the future. However, immigration officers may still conclude that the goal of the study visa application is for the applicant to remain permanently in Canada and not intend to return to their homeland.

Lack of an adequate travel history

Although this point is not emphasized as a separate factor and officers should consider other related factors, not having a record of traveling outside the country, a travel history, or no air travel might lead to the refusal of the study visa.

According to many courts where we have had successful experiences, a weak travel history or lacking a Schengen visa for Canada should not be treated as a negative factor in study cases. Travel history should be considered a neutral factor in officer evaluations, and therefore, if rejected based on travel history, we would have a strong basis for designing a legal claim.

Solution:

If possible, take one or more trips abroad.

Unsatisfactory financial conditions

Applicants for a Canadian study visa must provide adequate financial documents for the first year of study. Even with financial documents submitted, officers may still reject your visa because they’re unsure of your funding source.

Solution:

Focusing solely on financing for the first year may not be enough, and it’s better if the financial documents provided can support the student for a longer period. For more information, read the article on financial sufficiency for the Canadian study visa.

Addressing Canadian Study Visa Refusal; Understanding Actions After Being Denied a Visa

However, many applicants ask what actions can be taken after their study visa is rejected. Is it possible to reapply after being denied a Canadian visa? It’s often seen that applicants for a Canadian study visa who were rejected the first time can successfully obtain a visa in later attempts. Knowing the main reason for the refusal of the Canadian visa application and what exactly the officer cited for denial is extremely important. Actions after a visa refusal include:

Option One: Reapplying for a Visa – Simpler Decision

Strengthen your documents and reapply with the processing fee. The advantage of this method is that you can add more documents.

Option Two: Requesting a Visa Reconsideration – Solving Issues Within Immigration

You submit a request for reconsideration to the immigration office without changing the application documents. The senior officers will review this request. This method is currently closed by the immigration office.

Option Three: Appeal in Court – Last Resort

You file a complaint in the Supreme Court of Canada. This complaint is not about the negative outcome of your visa, but rather that the handling of the documents you submitted was not fair and logical.

Which path do we recommend?

It depends on the type of refusal you received. Each option has its own advantages and disadvantages depending on the situation. Each case must be examined separately and thoroughly to make an informed decision.

Timing for Reapplication After Canadian Study Visa refusal

There’s no specific law on how long you should wait after your study permit for Canada gets rejected before applying again, but based on experience, it’s best to reapply only when you understand the main reason for the refusal and have taken steps to resolve that issue.

Once you’ve fixed the problem with your application, you can immediately reapply for a study permit for Canada. Fingerprinting for a Canadian visa is required if ten years have passed since the previous one was issued post-refusal. You will also need to cover all costs related to the Canadian immigration office again.

Summary and Advice from RainCity

If you plan to apply for a study permit in Canada, it’s a good idea to consult with experts beforehand. Many applicants, trying to save on lawyer or immigration consultant fees, apply for a visa without sufficient information, only to feel disheartened when they receive a refusal letter.

Inexperienced consultants and illegal lawyers can also contribute to ruining applications.

However, this doesn’t mean that visas applied for through consultants or lawyers are always successful; rather, it’s about the chance of success and how correctly the work is performed.

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Frequently asked questions

Is there hope after being rejected for a study permit for Canada?

Yes. By understanding the main reasons for a rejection and addressing those issues, an applicant can have a good chance of approval in future attempts. Never reapply for a visa without making changes to your application, as you’re likely to get the same result.

Does the refusal of a Canadian visa affect future applications?

Yes. We believe it’s better to do the job right from the start. All the RainCity cases referred to court have successfully passed this stage. The reason for this is the precise and accurate actions taken with the scenario, documents, and evidence, and we are proud that our clients have achieved this success.

Does a rejection stamp in the passport have negative effects?

First, we need to clarify that there’s no rejection stamp involved. You will simply receive your rejection through your visa account or an email. The refusal record will remain in the immigration system permanently. But is this important? The answer is no.

Does having a conditional acceptance carry visa risks?

There’s no law stating that a conditional acceptance leads to a visa refusal, but the immigration officer may consider this. Therefore, it’s better to try for an unconditional acceptance or, if possible, resolve the conditional requirements. If your acceptance is conditional, you’ll need to convince the officer why you wish to attend a program under these conditions, and why you are willing to pay more and spend more time because of these conditions.

What is the role of Canadian courts in refusal cases?

You see, courts cannot accept or reject an individual. The court only reviews the procedure for handling the case. Did the officer overlook any part of the case? Did the officer see all the documents on the case? Was the officer fair in their decision-making? Did the officer uphold justice in their decision? These are the factors that are reviewed in court, and if the outcome is positive, the refusal ruling is overturned and the case goes to another officer for reconsideration.

What is an officer's note, and why isn’t the information in it clear and precise?

The officer’s note is a letter that contains the record of your case’s assessment. In the officer’s note, you generally receive additional explanations compared to the refusal letter. In many cases, this information is general, but in some cases, specific points may be mentioned.

Consultants and lawyers typically obtain the note to prepare a defense letter for their clients based on it. The points written in the officer’s note are not necessarily correct or necessarily wrong. For example, if the officer wrote that the study plan is vague, don’t assume that your study plan indeed has issues, and the same goes for ties. However, don’t be entirely sure it’s correct, and the difficulty lies in this confusion.

The fee for requesting the officer’s note is $5.

Is the case resubmitted when going to court?

No. Since you are challenging the issued verdict, you aren’t resubmitting anything, and you will defend yourself based on the evidence you’ve provided.

Does pursuing a master’s again carry a risk of refusal?

Yes, if your master’s degree is in a different field, your study plan, explanations, and defense need to be strong regarding why you want to pursue a second master’s. In fact, the officer won’t have enough knowledge or detailed information about these specialized fields and concentrations, so you need to convince the officer in simple terms. Knowledge of psychology will help you decide how to approach this, and with thorough insight and study, you can persuade the officer that pursuing this second master’s is essential for you and that you should complete it and return to your country; of course, this varies across different fields.

Why does the officer still raise concerns about not having ties when all family members also live in Iran?

The officer doesn’t read your case thoroughly, and it’s glaringly obvious. This is an issue for the officer and is very suitable for us in terms of follow-up in the appeal and court.

Can dual intent be a reason for refusal?

On April 5, 2023, the Canadian immigration department updated and legalized the Dual Intent law, which allows for having dual objectives (temporary and permanent residency). Having both intentions actually complements each other, rather than being contradictory. So as a result, dual intention shouldn’t be a reason for officers to reject a case.

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