Study Permit Refusal because of Significant family ties to Canada.

[ChechemGlo]

I was refused my study permit on the 2nd of February for the sole reason of having significant ties in Canada.

"I am not satisfied that you will leave Canada at the end of your stay as required by
paragraph R216(1)(b) of the IRPR (https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/
section-216.html). I am refusing your application because you have not established that you will
leave Canada, based on the following factors:

• You have significant family ties in Canada."

This is true as my wife is a permanent resident in Canada, she was sponsored by her ex-husband but they divorced, then along the line we met, fell in love and got married. She is still serving the 5 year spousal sponsorship ban but it will end next year, on the 9th of February, 2024.

My questions are as follows:

1. Is there any law preventing permanent resident serving the spousal ban from their current spouse coming to Canada on a study permit or other routes besides spousal sponsorship?

2. Is it the ban on spousal sponsorship that she is serving that is affecting my study permit application?

If the answers to the above questions are on the negative, then here are my other questions.

4. Since they mentioned only having significant ties in Canada as the only reason for refusal, does in mean that they are convinced with my home ties and the financial proves I provided? In my letter of explanation if I decide to reapply, should I just address only the concerns raised on the rejection letter. I asked this so they will not raise another reason for rejection after I have addressed the one raised.

5. I know that my wife is a strong tie and a justified reason to want to remain in Canada but my intention has never been to remain in Canada illegally after my studies, do I have a chance in convincing a visa officer that I will leave at the end of my studies?

However, I have ordered for my gmcs notes to get a detailed view of the reasons for refusal, I just want to get a hindsight, hence my questions.

6. I have read alot about cases that went to appeal on similar ground, on writing a letter of explanation, am I allowed to quote judgements on similar cases and make reference to the case files of those appeals?

7. Can my wife who is a PR swear an affidavit on my behave, that she will make sure that I don't over stay my study permit? Will the Visa Office respect this?

Thanks in advance

 

[Naturgrl]

I was refused my study permit on the 2nd of February for the sole reason of having significant ties in Canada.

"I am not satisfied that you will leave Canada at the end of your stay as required by
paragraph R216(1)(b) of the IRPR (https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/
section-216.html). I am refusing your application because you have not established that you will
leave Canada, based on the following factors:

• You have significant family ties in Canada."

This is true as my wife is a permanent resident in Canada, she was sponsored by her ex-husband but they divorced, then along the line we met, fell in love and got married. She is still serving the 5 year spousal sponsorship ban but it will end next year, on the 9th of February, 2024.

My questions are as follows:

1. Is there any law preventing permanent resident serving the spousal ban from their current spouse coming to Canada on a study permit or other routes besides spousal sponsorship?

2. Is it the ban on spousal sponsorship that she is serving that is affecting my study permit application?

If the answers to the above questions are on the negative, then here are my other questions.

4. Since they mentioned only having significant ties in Canada as the only reason for refusal, does in mean that they are convinced with my home ties and the financial proves I provided? In my letter of explanation if I decide to reapply, should I just address only the concerns raised on the rejection letter. I asked this so they will not raise another reason for rejection after I have addressed the one raised.

5. I know that my wife is a strong tie and a justified reason to want to remain in Canada but my intention has never been to remain in Canada illegally after my studies, do I have a chance in convincing a visa officer that I will leave at the end of my studies?

However, I have ordered for my gmcs notes to get a detailed view of the reasons for refusal, I just want to get a hindsight, hence my questions.

6. I have read alot about cases that went to appeal on similar ground, on writing a letter of explanation, am I allowed to quote judgements on similar cases and make reference to the case files of those appeals?

7. Can my wife who is a PR swear an affidavit on my behave, that she will make sure that I don't over stay my study permit? Will the Visa Office respect this?

Thanks in advance

1&2The issue is you are married to a PR so you cannot prove ties. Because she cannot sponsor you then you probably need to wait until she can do so. Yes it impacts your study permit. What are your ties to home country if spouse is in Canada? Parents/siblings are not ties.
4. You need to address family ties.
5. Maybe. Are you doing a Masters or PhD? If not that would strengthen your application.
6. If you want to appeal, you file for judicial review. Then you can use all the case references you want. This will not get you a study permit if you are successful in your JR. Your file is just returned to another IRCC officer to review.
7. That will make no difference. It isn’t her that can promise you will stay.

 

[ChechemGlo]

1&2The issue is you are married to a PR so you cannot prove ties. Because she cannot sponsor you then you probably need to wait until she can do so. Yes it impacts your study permit. What are your ties to home country if spouse is in Canada? Parents/siblings are not ties.
4. You need to address family ties.
5. Maybe. Are you doing a Masters or PhD? If not that would strengthen your application.
6. If you want to appeal, you file for judicial review. Then you can use all the case references you want.
7. That will make no difference. It isn’t her that can promise you will stay.

I am going for a Postgraduate Certificate Program, its just a one year program and after the program, I am guaranteed a promotion which I included a recommendation letter with my application.

Please, what do you mean by parents and siblings are not ties? What about my job and properties?

Is IRCC trying so say that if they put my parents, siblings, job, properties on one side and my wife on the other side, I will chose my wife?

I wish my wife could see that IRCC knows that I love her so much!

But that isn't the case, my wife will always be there for me, this I am sure of but my career will not if I miss this opportunity...

 

[Naturgrl]

I am going for a Postgraduate Certificate Program, its just a one year program and after the program, I am guaranteed a promotion which I included a recommendation letter with my application.

Please, what do you mean by parents and siblings are not ties? What about my job and properties?

Is IRCC trying so say that if they put my parents, siblings, job, properties on one side and my wife on the other side, I will chose my wife?

I wish my wife could see that IRCC knows that I love her so much!

But that isn't the case, my wife will always be there for me, this I am sure of but my career will not if I miss this opportunity...

Your reason for refusal was "You have significant family ties in Canada." This has nothing to do with job, career, properties. IRCC has definitions for family and your immediate family is your spouse and any children. So that is the reason you need to address.

 

[ChechemGlo]

Your reason for refusal was "You have significant family ties in Canada." This has nothing to do with job, career, properties. IRCC has definitions for family and your immediate family is your spouse and any children. So that is the reason you need to address.

Thanks very much for taking time to reply.

I am here to find out how best I can address their concerns, so that I can reapply.

I truly do not know how else to address their concerns except that I need the skills and the trainings that come with the studies, so that I can establish myself better in my agency and in my country...
My wife just have 1 year to be out of the ban, if immigration is my goal, it will not make logical sense to be willing to spend thousand of thousands when I can just wait for few months and she will sponsor me.

But immigration is not my ultimate goal here, I have built a promising career in my home country, I just need the training, skills and certification to shoot my career to the skies in my country.

 

[Naturgrl]

Thanks very much for taking time to reply.

I am here to find out how best I can address their concerns, so that I can reapply.

I truly do not know how else to address their concerns except that I need the skills and the trainings that come with the studies, so that I can establish myself better in my agency and in my country...
My wife just have 1 year to be out of the ban, if immigration is my goal, it will not make logical sense to be willing to spend thousand of thousands when I can just wait for few months and she will sponsor me.

But immigration is not my ultimate goal here, I have built a promising career in my home country, I just need the training, skills and certification to shoot my career to the skies in my country.

The issue is that you are wanting a one year certificate and then you are eligible for a one year PGWP. So essentially you can stay in Canada until your sponsorship comes through. IRCC assumes that you will be immigrating to Canada. So it makes no sense to take a one year program, come back to home country for one year (even with a promotion) and then immigrate to Canada.

 

[ChechemGlo]

The issue is that you are wanting a one year certificate and then you are eligible for a one year PGWP. So essentially you can stay in Canada until your sponsorship comes through. IRCC assumes that you will be immigrating to Canada. So it makes no sense to take a one year program, come back to home country for one year (even with a promotion) and then immigrate to Canada.

Now I understand their concerns, it is justified, although it is also wrong for them to just assume, base on their assumptions and make a final decision. That are supposed to assume too that it may not be possible for me to throw all my hardwork in my home country away and migrate to Canada to start afresh.

So as it stands, do you think that I have no chance whatsoever in getting the study visa? No matter any explanation I put up???

 

[Naturgrl]

Now I understand their concerns, it is justified, although it is also wrong for them to just assume, base on their assumptions and make a final decision. That are supposed to assume too that it may not be possible for me to throw all my hardwork in my home country away and migrate to Canada to start afresh.

So as it stands, do you think that I have no chance whatsoever in getting the study visa? No matter any explanation I put up???

So you don‘t plan to immigrate and apply for sponsorship in February 2024? You could have sponsorship approved next year. If you have no plans to immigrate then say so in your reapplication. Consider a two year program or Masters to show a commitment to study and not a certificate.

 

[ChechemGlo]

So you don‘t plan to immigrate and apply for sponsorship in February 2024? You could have sponsorship approved next year. If you have no plans to immigrate then say so in your reapplication. Consider a two year program or Masters to show a commitment to study and not a certificate.

Yea. I have greater stake here currently.
My agency will not approve a study leave of 2 years for me, not to talk of 4 years for

So you don‘t plan to immigrate and apply for sponsorship in February 2024? You could have sponsorship approved next year. If you have no plans to immigrate then say so in your reapplication. Consider a two year program or Masters to show a commitment to study and not a certificate.

Yes, not at the moment, as I have greater stake in my home country.
My agency will not approve anything more than a year study leave for me, even the one year they approved, came with a clause, that I may be reached through calls or mail, if situations that need my expertise arise. So I can possibly go for any program that will exceed one year, unless I resign from my job, then what would be the essence of studying further?
Thanks very much Ma, you have been of immense help in understanding my situation. I really appreciate.