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MisterPotato

Newbie
Sep 17, 2018
5
0
Hi!

I have been accepted to study for a Bachelor of Science (to be declared as CompSci major) for the Jan 2019 intake.

I applied for a study permit for the course, and an open work permit for my wife. My visa was rejected for:
1. Not having the financial backing for paying my tuition fees, accommodation, or travel to and from Canada.
2. Not satisfying the officer that I would leave Canada at the end of my stay.

My wife was rejected on the grounds that she will not leave at the end of her stay.

A little background: I already possess a bachelor's degree in an unrelated field (although still STEM), but have made the career switch to software development a year ago. I am interested in software, which is why I wish to study CompSci to increase my hireability, as well as fill gaps in the knowledge I have. Obviously, I figured I would kill 2 birds with one stone and gain a Canadian credential and make it easier to migrate there permanently after studying/working there for a while.

Mistakes made when applying for the visas:
1. No financial information under my name. All the financial support documents I supplied are under the name of my wife and her parents, with an attached affidavit of support of funds from them (over CAD 40,000, enough for the first year tuition and living costs).
2. I did not provide a statement of purpose. I did not know that this is required, even though it is not a "mandatory" document required in the application.
3. We did not prove any ties to our home country.

Since the rejection a few weeks ago, a couple things have changed:
1. I had applied for an educational loan (part of the tuition cost), for which recently I received a letter from the sponsor that states that I have applied for a loan (without the amount) and requests the office to grant me a study visa. The letter does not confirm that I have been granted the loan, but asks the visa office to process my visa.
2. I am able to transfer funds from my wife's bank accounts to mine to prove that the funds have been given to me. She will write a letter stating that it is to be used for the purpose of my education, our living costs, and our travel.
3. I will write a statement of purpose stating that I made a career change, and I will also attach my resume and payslips from my employer stating my position as software developer).

I was thinking of applying for Express Entry instead, but this seems to be a bit risky considering how high the cutoff CRS points are lately. With perfect IELTS scores (which we probably won't get), we get a score of 442. With lower scores, the score drops to below 400. This year, the lowest cutoff is 440. We can apply for express entry after December, if IELTS are high enough and both our credentials are evaluated as 3 or more years post secondary credentials (my wife is waiting for her final results, which come out soon).

In terms of getting my CompSci degree, I do not need to study in Canada. I can take an online course instead, which will probably turn out to be cheaper, although it won't be a Canadian qualification, but not an issue.

My questions:
1. Should we apply for a study permit/work permit again in light of these new documents? If we be rejected for it, would it affect our chances for express entry instead?
2. Alternatively, should we let the study aspect go and just apply for express entry instead which will cost us much less, bearing in mind that that will take at least 8 months and relies on a lot of variables pulling through and therefore could possibly not come to fruition?
3. How would we prove that we would leave Canada after our stay? We do not own property, and would not want to tip off our employers in the case that the visa still does not come through. My wife may be able to be "gifted" a house here by her father, but I don't have anything to my name.
4. Would it even be possible to convince the officer that my career change is legit and that my country has potential for computer science and employment?
 
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The loan letter should state the amount of the funds that would be granted, and/or if possible made available to you in your bank account.. otherwise it won't be a substantial facts to the VO

1-2. No it won't affect the chances of applying for EE. Most applicant apply for a study permit and at the same enter the EE pool, getting an approval for wither one of them or both(this is based on dual intent as per the rules of CIC). But in my opinion, its advisable to go for either one first.

3. For your home tie given your situation, its best you apply alone and use your wife as hometie then after getting an approval, you can apply for a SOWP for her. Either way, you can also show aan employment letter and leave approval letter since no property to your namename and maybe if you have any investment, shares etc show it

4. Yes please do, let your facts be backed with evidence and not only mere wordings
 
The loan letter should state the amount of the funds that would be granted, and/or if possible made available to you in your bank account.. otherwise it won't be a substantial facts to the VO

1-2. No it won't affect the chances of applying for EE. Most applicant apply for a study permit and at the same enter the EE pool, getting an approval for wither one of them or both(this is based on dual intent as per the rules of CIC). But in my opinion, its advisable to go for either one first.

3. For your home tie given your situation, its best you apply alone and use your wife as hometie then after getting an approval, you can apply for a SOWP for her. Either way, you can also show aan employment letter and leave approval letter since no property to your namename and maybe if you have any investment, shares etc show it

4. Yes please do, let your facts be backed with evidence and not only mere wordings

Thank you for your response.

I can get a letter specifying the amount. Would I still need to transfer my wife's amount to my bank to show that I have enough for my first year?

1-2. Isn't this contradictory? Entering for EE proves that I want to migrate there. If my student permit is being processed, won't it come up that I have also entered for EE? I was thinking to state in the SOP that I will be leaving after my studies, but if at the same time I'm applying for EE, that's a false statement I think?

3. Would this work? It seems a bit dodgy to me, using my wife as a tie to come home, and then having her apply as well to come join me. Would this need to be done after I land there or? What else would I be able to use as a hometie instead? Would writing in my SOP or a letter from my sponsor that I would be required to come back to repay my educational loan suffice? As I mentioned, I don't want to tip off my employer, so just a letter of employment would be possible to get maybe but that honestly to me that doesn't prove that I would be coming back, just that I am currently employed.

4. Would documents from my employment as software developer be enough to prove that there is a demand for software developers in my country?
 
1-2. am not sure you got what I wrote, please reread, and you will learn I advise for you to apply for either one at a time

3. There is nothing dodgy in using your spouse as home ties. in fact she's the strongest hometie you can show. It will also help your case if you can get that stating your coming back to pay a loan before maybe a collateral can be redeemed(even if there is non, makes it more substantial). Its advisable you get a leave approval letter given you stance as an employer(maybe from a trusted superior), good home ties too.

4. as long as it will help your case regarding your field, shoot
 
1-2. am not sure you got what I wrote, please reread, and you will learn I advise for you to apply for either one at a time

3. There is nothing dodgy in using your spouse as home ties. in fact she's the strongest hometie you can show. It will also help your case if you can get that stating your coming back to pay a loan before maybe a collateral can be redeemed(even if there is non, makes it more substantial). Its advisable you get a leave approval letter given you stance as an employer(maybe from a trusted superior), good home ties too.

4. as long as it will help your case regarding your field, shoot

1-2. No I did understand, apologies for not being specific in my question. I did read up about dual intent, though, which answered my question. Thanks!

3. My concern is that if I use my wife as my tie, and she applies to leave, wouldn't that be grounds for my visa being cancelled or hers being rejected when we apply for her? It will not be possible to get a leave approval letter from my employer. Again, I do not want to tip them off that I may be leaving. I can request it stated in the letter from my sponsor that I will be required to come back to pay my loan, but would that pose an issue when I'm applying for EE? Since I'm assuming all my documents will be available to the officer when judging my case?

4. Will attach. What else would help my case regarding my field?

Also, how am I to explain my first rejection? Just stating the reasons they did and showing what steps I have taken to solve those shortcomings should be enough I reckon? I should probably not explain in my SOP that my aim was to migrate there - legally - after my studies right?
 
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3. It won't be cancelled. In fact, she "might" even get a fast decision.

4. Any past acedemic research/funded or funding research or awards etc

You can use the Letter of Explanation (LOE) to talk about them individually as you have mentioned and use the Statement of Purpose(SOP) to talk other things relevant or related to your career and future plans etc.

Please, don't mention anything about migration or desired to further study
 
3. It won't be cancelled. In fact, she "might" even get a fast decision.

4. Any past acedemic research/funded or funding research or awards etc

You can use the Letter of Explanation (LOE) to talk about them individually as you have mentioned and use the Statement of Purpose(SOP) to talk other things relevant or related to your career and future plans etc.

Please, don't mention anything about migration or desired to further study

3. Just to be clear, I would apply and state in my LOE that my wife would be my tie. After I have been granted my visa, would she apply for a visitor Visa or SOWP? And in her SOP, she would state that she is coming to join me and have her tie be a letter from her employer or a house that she owns here?
Alternatively, would a house in both of our names in another city (but the same country) suffice as ties for both of us?

4. I do have a certificate from a course I did online related to the field I wish to study. I think it would be a good idea to attach that.

In the LOE I will address that the funds are now in my name and to be used for studying. What about convincing the officer that I will leave once my study is done? If I only write that I have studied abroad for years and have always observed the laws of the land and have left the country when my study completed and before my visa expired, will that be enough to prove that I will leave? In the SOP I will explain why I want to study something other than what I initially studied and I will explain about the demand, growth, and potential of founding startups, etc.

With regards to funds, if my wife were to transfer money to my account, the money would be in my account for less than 4 months, and the requirements ask for money to be in the applicant's account for more than that. How would I explain that?

Desired to further study meaning? I will not state migration in my study application. I will also not state that I will come back to my country, but I will state that my country has potential for software developers, and demand for technologically knowledgeable people, etc.

I also did not initially attach my CV as a software developer, it should be a good idea to attach that this time right? What about my pay slips from that position?
 
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The loan letter should state the amount of the funds that would be granted, and/or if possible made available to you in your bank account.. otherwise it won't be a substantial facts to the VO

1-2. No it won't affect the chances of applying for EE. Most applicant apply for a study permit and at the same enter the EE pool, getting an approval for wither one of them or both(this is based on dual intent as per the rules of CIC). But in my opinion, its advisable to go for either one first.

3. For your home tie given your situation, its best you apply alone and use your wife as hometie then after getting an approval, you can apply for a SOWP for her. Either way, you can also show aan employment letter and leave approval letter since no property to your namename and maybe if you have any investment, shares etc show it

4. Yes please do, let your facts be backed with evidence and not only mere wordings
Hi,
Even I got a rejection today and below if the following reason they stated, Let me know how to proceed further, and also can i refile Immediately or wait for 2 to 3 weeks and file again? filled under SDS

Thank you for your interest in studying in Canada. After careful review of your study permit application and supporting documentation, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:

• I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on the purpose of your visit.

You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your situation meets the requirements.
 
3. Yout wife is the most strongest home tie you have now even stronger than property. Avoid directly declaring her as your home tie, just state the fact that she is your wife married for a said duration of years and the provisions in which you have set aside for her up keep while you gone, and how you tend to come back to her after studies etc. Secondly if you approved and she coming to join you, her employment letter, properties, leave letter, payslip etc will suffice. A property under both your name in name given part of a State, City, Region, or Country will suffice as along as there is evidence

4. Include the certificate

You don't need to directly address that the funds is now in your name. What you need to do is create something like a financial analysis evidently showing your source of funds, sufficient funds(for studies) which will be evidently seen in the bank statement submitted by the VO. As aforementioned, your wife is still your strongest home tie which you can also support with a landed property documents. You can also state you previous travel/study experience and how you didn't break any laws and left during the validity of your visa by also showing proof of travel history by submitting the photocopies of the visa stamped pages. Just talk convincingly about your intended program and he future benefits of it etc.

This part is very crucial to handle, the VOs don't go well with huge deposits but if this happens, take your time to explain the source and how come about it convincingly otherwise you can get a refusal due to this. Thus, your wife's money is your money and vice versa. It might be money you once gave to her for safe keeping etc just get creative here with your ideas. 4-6months bank statements is what is demanded.

Don't state any idea or impression of migration or furthering your studies. Hit at the idea of coming back and also your country's potentials for your intended course. Here, a stone can kill two bird.

Its a plus for you to attach your CV, payslips(if you're been paid with it), and other proof of gainful employment or source of funds etc
 
3. Yout wife is the most strongest home tie you have now even stronger than property. Avoid directly declaring her as your home tie, just state the fact that she is your wife married for a said duration of years and the provisions in which you have set aside for her up keep while you gone, and how you tend to come back to her after studies etc. Secondly if you approved and she coming to join you, her employment letter, properties, leave letter, payslip etc will suffice. A property under both your name in name given part of a State, City, Region, or Country will suffice as along as there is evidence

4. Include the certificate

You don't need to directly address that the funds is now in your name. What you need to do is create something like a financial analysis evidently showing your source of funds, sufficient funds(for studies) which will be evidently seen in the bank statement submitted by the VO. As aforementioned, your wife is still your strongest home tie which you can also support with a landed property documents. You can also state you previous travel/study experience and how you didn't break any laws and left during the validity of your visa by also showing proof of travel history by submitting the photocopies of the visa stamped pages. Just talk convincingly about your intended program and he future benefits of it etc.

This part is very crucial to handle, the VOs don't go well with huge deposits but if this happens, take your time to explain the source and how come about it convincingly otherwise you can get a refusal due to this. Thus, your wife's money is your money and vice versa. It might be money you once gave to her for safe keeping etc just get creative here with your ideas. 4-6months bank statements is what is demanded.

Don't state any idea or impression of migration or furthering your studies. Hit at the idea of coming back and also your country's potentials for your intended course. Here, a stone can kill two bird.

Its a plus for you to attach your CV, payslips(if you're been paid with it), and other proof of gainful employment or source of funds etc

3. Two questions now come up: we already applied together once just this month. If I apply singly, won't that raise questions? Secondly, if she applies, won't they ask why we didn't apply together as we did last time? Also, would she apply on a TRV and then try obtain a SOWP while there or directly apply for a SOWP from here? I'm assuming she should only apply after my permit is done? I'll admit, I am still a bit hesitant that because she was my tie and she decides to leave, won't that be grounds for her visa to be refused or mine to be cancelled? She can obtain ties in the form of a letter from her employer stating her employment will be returned upon her return. Also, what provisions would I be leaving behind for her? She is employed and can sustain her own living costs, I would not be leaving her behind with anything of value that is in my name.

The funds part will be a bit tricky. Can we claim it as gifts that have been given to her/us by her parents? And then from her to me?

I am very hesitant about knowing which path to take, as mentioned above. You think we shouldn't apply together; what visa should she then apply for? And if I apply again singly, won't that cause problems for either me or her when we apply for either? What would our choice be if her visa were to be rejected? Ideally, I don't want to spend any time away from her if at all possible. Should we consult a lawyer and get this done through them instead?

Also, a small question, the max size to upload all these documents are 4MB. To shrink them down, I reckon full year-long bank statements aren't required right?

Thank you so much for helping me out with this man.
 
Hi,
Even I got a rejection today and below if the following reason they stated, Let me know how to proceed further, and also can i refile Immediately or wait for 2 to 3 weeks and file again? filled under SDS

Thank you for your interest in studying in Canada. After careful review of your study permit application and supporting documentation, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:

• I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on the purpose of your visit.

You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your situation meets the requirements.

Purpose of Visit refusal reason is always vague. Its advisable you request for your gcms notes, its approximately 1month to get to you so you will know the main concerns raised by the VO. Request it using
caipsgcms.com
 
Purpose of Visit refusal reason is always vague. Its advisable you request for your gcms notes, its approximately 1month to get to you so you will know the main concerns raised by the VO. Request it using
caipsgcms.com
Under sds they do not ask for financial documents like bank statements and all? Should I attach that and refile it again?
 
3. Two questions now come up: we already applied together once just this month. If I apply singly, won't that raise questions? Secondly, if she applies, won't they ask why we didn't apply together as we did last time? Also, would she apply on a TRV and then try obtain a SOWP while there or directly apply for a SOWP from here? I'm assuming she should only apply after my permit is done? I'll admit, I am still a bit hesitant that because she was my tie and she decides to leave, won't that be grounds for her visa to be refused or mine to be cancelled? She can obtain ties in the form of a letter from her employer stating her employment will be returned upon her return. Also, what provisions would I be leaving behind for her? She is employed and can sustain her own living costs, I would not be leaving her behind with anything of value that is in my name.

The funds part will be a bit tricky. Can we claim it as gifts that have been given to her/us by her parents? And then from her to me?

I am very hesitant about knowing which path to take, as mentioned above. You think we shouldn't apply together; what visa should she then apply for? And if I apply again singly, won't that cause problems for either me or her when we apply for either? What would our choice be if her visa were to be rejected? Ideally, I don't want to spend any time away from her if at all possible. Should we consult a lawyer and get this done through them instead?

Also, a small question, the max size to upload all these documents are 4MB. To shrink them down, I reckon full year-long bank statements aren't required right?

Thank you so much for helping me out with this man.
She will not decide to leave, she will decide to visit you during your studies.

And a small suggestion, one thing at a time. Apply for your visa first. Come over here, spend 3-6 months and later apply for her visit visa.

Keep this in your mind, you have already been rejected. So VO will open your new file after reading previous visa rejection and previous VO concerns. VO will not even consider your file if everything is as it is, as it was before. So imagine this as your last attempt to apply for student visa.

As far as immigration is considered, these visa rejections will not impact your immigration file. Both offices are different, and both have different approach toward applicants.

Main concern for VO is your home ties. Money! doesn't matter a lot. As far as they are legitimate, means proper documentation, and from where they came, and why.

Your application should be really different this time to get VO attention, otherwise you will get rejection again. So consider it as your last attempt. So think like a VO, why he/she should approve your visa? And don't rush. These decisions are life changing decisions, should be taken wisely.

Well showing funds in your account will increase your chances, but the home ties is the main issue. Show your job in your country. Show them that you have to come back to take care of your parents, family members, you have to come back to take care of your wife, join your job etc. There are lots of options. Google them.

As far as your wife visa is concern, get through your visa first. When the time will come, apply for her visit visa to visit you, not to leave your home country. Reason is simple, you are missing your wife, and you are stressed because of your studies. Your birthday is coming, and you wanted her to visit you. Here you go, you got the legitimate reason for her visit. No VO will reject her visa. But still you have to show her home ties. So home ties is the main reason of rejection.

One thing more, doing BSc again creates concerns about your application. Think like a VO, "Why a guy is doing bachelor's degree again?" Try to get master course. Otherwise, your SOP should be very strong to convince VO about your course in Canada, and why you selected it.