Study Permit application right after TRV being refused

[Wendy_A]

Hello seniors,

I'm here to seek for your advice on my Sister's case, highly appreciate if you guys can help me

She got married early this year, March 2017 and is having baby, she expects to deliver in Jan 2018. Since she wanted to give birth to her kid in Canada so she applied for tourist visa for her husband and her with her as main applicant. After nearly 3 months waiting, only her husband got 10 year-visa, she was refused. She is so stressful and I'm afraid it's gonna affect the baby. Reason for refuse is Purpose of Travel (they wrote a letter said they wanted to have honeymoon in Canada) and Finance (they only provided the Saving accounts of the husband with US 60k)

Thinking for long term, she still wants to go to Canada, I told her to appeal and apply for Study Permit, do you guys think it's better not to appeal and keep going with Study Permit?

In case of apply Online for Study Permit, will she also apply for her husband's open Work Permit or only Study Permit for herself and once having approval, she will apply for him later on?

She will deliver baby in Jan and potentially wants to attend school in March 2018 so she has to apply for Study Permit a.s.a.p as it takes time.

Could someone shed the light for me? My sister is in Asia Pacific (Singapore visa office in charge)

Thanks so much

 

[scylla]

Don't bother appealing the refusal. It takes a very long time and will most likely be turned down again.

She can try applying for a study permit - the past TRV refusal will work against her. To be successful, she will need to pick a program in Canada that makes sense in light of her previous education and experience. She will also need to demonstrate strong ties to her home country and prove she has no plans on coming to Canada long term. Typically it's best if you enter Canada 4-6 weeks before your classes start. If you try to enter Canada too early, sometimes people are turned away by CBSA and sent home. People are also sometimes turned away and sent home if they are visibly pregnant and CBSA believes they are coming to Canada primarily to give birth. I do think that's a risk for your sister. It won't make sense to CBSA that's she's coming early on a study permit and is visibly pregnant. I think they will guess very easily that she has other motives for coming to Canada. Study permits are meant for studying - not giving birth in Canada. Quite possible she's going to have problems at the border.

If this is all causing stress and you're worried about the baby - your sister should forget about traveling elsewhere to have the birth and remain home.

 

[Wendy_A]

oh my god, it's really details, thank you so much, I try to persuade her to reside at home at give birth but she's been agaisnt me lately, now I have more belief to tell her to stay at home

 

[canuck78]

Before applying for a student visa she will have to apply to a college or university and get accepted. It is pretty late to apply for the January/Winter term.

 

[Wendy_A]

she paid to take Entry plus course in BCIT right after she got her refusal letter and passport back **sigh**, maybe I'll tell her to switch to apply for study permit for her husband instead (who just got TRV) and join him 5 months later on with open work permit application for spouse. The only risk is her husband just got Master degree in Australia last year, now hard to find proper reason for continuing study in Canada... so headache with them

 

[canuck78]

Why don't they try and immigrate via the economic immigration schemes?

http://www.cic.gc.ca/english/express-entry/

 

[Wendy_A]

husband just finished studying and my sister is only part-time english teacher, both family dont want them go to work cause they have plans for them to migrate...like me agressive young kids just want to to thing right away, I want to stop them from making mistake

 

[scylla]

husband just finished studying and my sister is only part-time english teacher, both family dont want them go to work cause they have plans for them to migrate...like me agressive young kids just want to to thing right away, I want to stop them from making mistake

Yeah - sounds like they're heading in all the wrong directions. For example, coming to Canada as tourists and having a baby here certainly won't get them any closer to immigrating. If anything it will push that goal farther away by wiping out a portion of their savings. Having a Canadian citizen baby gives you zero advantages when it comes to immigrating and certainly doesn't allow you to stay in Canada.

 

[scylla]

she paid to take Entry plus course in BCIT right after she got her refusal letter and passport back **sigh**, maybe I'll tell her to switch to apply for study permit for her husband instead (who just got TRV) and join him 5 months later on with open work permit application for spouse. The only risk is her husband just got Master degree in Australia last year, now hard to find proper reason for continuing study in Canada... so headache with them

He'd need to take another Masters or a PhD. Also, just because his study permit is approved by no means guarantees her TRV or OWP will be approved. Plenty are still refused and her previous TRV refusal will work against her.

 

[canuck78]

If he did a master's in Australia why didn't they try to immigrate there? Not sure of the Australian immigration system but if they were so focused on immigration there must have been a good reason to study in Australia and not Canada,

So they are sitting around and not looking for jobs while they are living in their home country. They will both need job experience if/when they arrive in Canada.

 

[Wendy_A]

Thanks guy, Aussie immigration law change that's why the husband went home in March 2017 after spending nearly 120k for 4 years study.His parent has big company so I suggest them to go with Express Entry, they have very good English, CLB 9, I think his parent will create the job and work experience for him. I told my family not to risk with my sister but switch to her husband

 

[scylla]

Thanks guy, Aussie immigration law change that's why the husband went home in March 2017 after spending nearly 120k for 4 years study.His parent has big company so I suggest them to go with Express Entry, they have very good English, CLB 9, I think his parent will create the job and work experience for him. I told my family not to risk with my sister but switch to her husband

If that's the plan - he can expect to be refused and banned for five years from entering Canada. CIC isn't stupid and has seen this many times before. They will perform background checks and will figure out the experience is fake. So if they go ahead with that plan, tell your sister to forget about visiting or living in Canada for the next five years.

 

[Wendy_A]

**sigh** then I have to wait for another month to re-apply tourist visa for my sister with my invitation and my sponsor though

 

[canuck78]

**sigh** then I have to wait for another month to re-apply tourist visa for my sister with my invitation and my sponsor though

Not sure why you have to wait month. Your sister can still visit you for a few weeks especially if her husband gets a job and stays at home.

 

[Wendy_A]

Im just thinking if I make it right away, officer might see intention of waiting to go to Canada a.s.a.p, they might refuse again...husband has the TRV already so my sister is only my concern