Common Mistakes in Study Permit Applications Resulting to Refusals

Sadly, applicants commit errors in applications that result to a refusal. Below are some of those common mistakes leading to study permit application refusals.

  • Insufficient Documentation

Applications are processed based on documents submitted to the visa office. For Canadian visas, interviews are very rare. They generally do not happen unless there is some concern on the documents submitted (for example: suspicions of fraud or human trafficking). An application is simply refused if the documents are incomplete.

The burden of proof falls on you to establish your genuine intentions in your study permit application. In plain English, this means that you are responsible to show to a visa officer that you are a genuine student seeking a permit, and not someone trying to simply game the system. Lots of study permit come to Canada unfortunately not to study, but only to work. It is your responsibility to show to an officer that you are not one of those.

This is generally hard to do because you are asked to prove your genuineness through documents only. Remember: normally, there is no interview. Put yourself in the shoes of a visa officer: if you receive incomplete documents that do not establish an applicant’s true intention to study, (i.e., genuineness or sincerity of intention to study), you will more likely refuse an application.

  • Unclear Study Plans or Statement of Purpose for Studying in Canada

This forms part of the application package and it helps in establishing your genuine intention. I have come across clients whose study plans are empty words and platitudes about how wonderful it is to study in Canada, topped with rainbows and unicorns. At the opposite end, some of the poorly written study plans or statements read like a bombastic speech filled with how amazing they are. If you’re so amazing, why do you still need to study?

A lot of refusals are a result of poorly drafted study plans. Usually, they do not contain a candidate’s study objectives Factors considered here are comparable programs in the home country, and how studying in Canada would help you in developing your career.

The main question to answer is why you want to study in Canada, and why can’t you do it in your home country. 

  • Push vs. Pull: Lack of Ties to Home Country

Applicants who submit their requests for a study permit must establish through documents that they have sufficient ties outside Canada. Applications are assessed through the push-pull factor analysis. An officer must be convinced that you will leave Canada once you complete your studies, per paragraph 216(1)(b) of the Immigration and Refugee Protection Regulations.

This aspect of an application is based on the applicant’s situation and is more art than science. A visa officer is given enormous discretionary power on interpreting the evidence provided to them. 

One of the factors used in this analysis include family connections in Canada and back in an applicant’s home country. Another is employment outcomes in home country as well. There is a careful balancing act to make when putting together an application. Simply filling-out the forms is not enough these days to convince an officer. An immigration lawyer can help you craft a convincing narrative based on your evidence and avoid the heartaches associated with a refusal.

  • Misrepresentation and Fraud

Some applications are refused due to doubts about document authenticity. Most of the time, an officer may not necessarily raise this because they have to prove that a document is fake. Most likely, they will simply refuse the application on another factor. Situations like these are called veiled decisions. If your application was refused and you think they officer may have alluded to fraud, contact an immigration lawyer immediately!

Then there are outright fraudulent applications which could result to a five-year ban against you. In practical terms, you will likely not get to set foot in Canada. 

For my Philippines-based clients, an example of misrepresentation is what I like to call the banking merry-go-round. Applicants who move funds around from friends or family to reflect a larger statement may be committing misrepresentation if they do not sufficiently explain where the funds came from. This could be an innocent type of misrepresentation, but it is still material or relevant to an application.

Study permit applications without bank statement going six months back (the required minimum) are usually flagged by visa officers in your global case management system notes for all the other officers to see. While it is very difficult for a visa officer to establish that the funds were moved around to show that they have the funds, it is certainly something to avoid. The bottom-line: provide your statements of account.

Finally, visa offices have a library of original and fake documents used to verify documents submitted. These officers are trained to spot a fake. Once misrepresentation and fraud are raised, procedural fairness (read: the right of response) steps are usually triggered. Again, an immigration lawyer can help you respond to these procedural fairness letters to set the record straight; in extreme cases, an immigration lawyer can help you to have a decision judicially reviewed before the Canadian Federal Court.

Conclusion

There are so many ways that your study permit applcation could go sideways or worse: blow up in your face. Do your research. Better yet, seek legal advice from a lawyer.

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Study in Canada: Viable Pathway to Permanent Residence?