Visa rejected (kids with Canadian passports)

[Rayan75]

This is my friend's case but he really needs an expert opinion.

Friend

Current country of residencey: Oman
Age: 28
Degree: completed 2 out of 4 years in a Canadian University (he still not graduated yet)
Marital status: Married with two Canadian born kids (with their CDN passports).

He applied to the CDN student visa (renewal) to return to Canada but his application got rejected TWICE (in 6 months between each application).

Reasons: No strong ties to home country. Previous travel history. Previous violation of law (overstayed a month after study permit expired). Despite that he provided his reasons why he overstayed (attached supporting medical documents).. his visa still got rejected.

He lost hope to finish his program, yet he doesn't want to start over.

Any idea how to convenience visa officer about his genuine intention to study in Canada and leave Canada after he graduates?

 

[scylla]

The fact he has two Canadian children actually works against him. This makes it look like his ties to Canada are stronger than his ties to his home country. The fact he overstayed his previous visa is also problematic. If he had a medical issue, he should have ideally extended his visa rather than overstaying.

How long ago was he in Canada? Did he have strong/high marks in his program until he left? What ties to his home country did he demonstrate? Did he indicate his entire family would be coming with him to Canada?

BTW: It doesn't make sense that he applied for a student visa renewal. If his old student visa has expired, he would be applying for a brand new one (not an extension or renewal).

 

[Rayan75]

The fact he has two Canadian children actually works against him. This makes it look like his ties to Canada are stronger than his ties to his home country. The fact he overstayed his previous visa is also problematic. If he had a medical issue, he should have ideally extended his visa rather than overstaying.

How long ago was he in Canada? Did he have strong/high marks in his program until he left? What ties to his home country did he demonstrate? Did he indicate his entire family would be coming with him to Canada?

BTW: It doesn't make sense that he applied for a student visa renewal. If his old student visa has expired, he would be applying for a brand new one (not an extension or renewal).

You're right, it was indeed a new application for TRV (Student type).

RE: Canadian children: he thought that anyone born in Canada has the right for the citizenship. He was just practising his right rather than intending to stay permanently. He stayed in Canada for 3 years, and only 1 month illegally - or indeed while hospitalised in critical care in hospital. He applied for a study permit extension right after he left the hospital, got rejected and had to leave Canada (2017).

When he is back to Oman, he applied for 2 visas, got rejected as well.

Marks: Overall good standing, few academic-based scholarships from University ($500- $4,000) here and there to support his living. He was able to support himself financially during his stay.

Ties: He doesn't seem to have strong ties to home country because he came from a very poor family (no owned house, no investment) but he is currently employed temporary contract job - that is not related to whatever he studied for 2 years in Canada.


He is in critical situation

 

[scylla]

You're right, it was indeed a new application for TRV (Student type).

RE: Canadian children: he thought that anyone born in Canada has the right for the citizenship. He was just practising his right rather than intending to stay permanently. He stayed in Canada for 3 years, and only 1 month illegally - or indeed while hospitalised in critical care in hospital. He applied for a study permit extension right after he left the hospital, got rejected and had to leave Canada (2017).

When he is back to Oman, he applied for 2 visas, got rejected as well.

Marks: Overall good standing, few academic-based scholarships from University ($500- $4,000) here and there to support his living. He was able to support himself financially during his stay.

Ties: He doesn't seem to have strong ties to home country because he came from a very poor family (no owned house, no investment) but he is currently employed temporary contract job - that is not related to whatever he studied for 2 years in Canada.


He is in critical situation

He's not in a good situation unfortunately.

Yes - the fact his children were born in Canada gives them the right of Canadian citizenship. However the fact his children are citizens only gives his children the right to return to Canada. He does not benefit in any way.

So if I understand correctly, he has now applied for three study permits which have all been refused. This is a lot of refusals. He should have paused after the first refusal to order his GCMS notes (case notes) to understand the detailed reasons behind the refusals and to be able to put together a stronger application the next time. With three refusals already, the chances of approval are extremely low. He shouldn't apply again until he's able to submit a much stronger application and overcome to refusal reasons with much stronger evidence. He should also be able to show a bank balance of at least $25K (more will be required if he plans to bring any of his family members with him).

 

[canuck78]

I am confused. He should have received a 4 year student permit if he was approved to study in a 4 year program. He also only completed 2 years of school out of the 3 years he was in Canada. He did manage to have 2 children while only in Canada for 3 years which doesn't look great for his application if he wasn't studying full-time for all that time.

 

[Rayan75]

He's not in a good situation unfortunately.

Yes - the fact his children were born in Canada gives them the right of Canadian citizenship. However the fact his children are citizens only gives his children the right to return to Canada. He does not benefit in any way.

So if I understand correctly, he has now applied for three study permits which have all been refused. This is a lot of refusals. He should have paused after the first refusal to order his GCMS notes (case notes) to understand the detailed reasons behind the refusals and to be able to put together a stronger application the next time. With three refusals already, the chances of approval are extremely low. He shouldn't apply again until he's able to submit a much stronger application and overcome to refusal reasons with much stronger evidence. He should also be able to show a bank balance of at least $25K (more will be required if he plans to bring any of his family members with him).

Thanks Scylla, greatly appreciated all your effort. Yes, 3 refusals over 1 year period is way too much for what is supposed to be a straightforward application. He does have some savings to return to Canada and finish the remaining of his degree - alone- without any family member.

He's still awaiting GCMS (been ordered since mid April) but the delay isn't too strange for their local office anyways.

If he submits an application solely (without any accompanying family member in the application), do you think that the officer won't doubt he'll bring the family over to Canada sometime in the future? We want to eliminate and tackle any refusal doubt/reason.


Thanks again!

 

[Rayan75]

I am confused. He should have received a 4 year student permit if he was approved to study in a 4 year program. He also only completed 2 years of school out of the 3 years he was in Canada. He did manage to have 2 children while only in Canada for 3 years which doesn't look great for his application if he wasn't studying full-time for all that time.

Study Permits' duration used to vary widely, I have seen both 4-year and 1-year for the same University program. Funds, program length and status aren't indicators. It's very vague and random.
Only recently CIC started to issue a full-length permits for the entire degree duration; saving students thousands of dollars and hassle of application fees, time and effort.

People take different paths in life, just because you haven't seen a 28 yo man with two kids and a full-time study commitment, doesn't mean it can't happen.

 

[canuck_in_uk]

Thanks Scylla, greatly appreciated all your effort. Yes, 3 refusals over 1 year period is way too much for what is supposed to be a straightforward application. He does have some savings to return to Canada and finish the remaining of his degree - alone- without any family member.

He's still awaiting GCMS (been ordered since mid April) but the delay isn't too strange for their local office anyways.

If he submits an application solely (without any accompanying family member in the application), do you think that the officer won't doubt he'll bring the family over to Canada sometime in the future? We want to eliminate and tackle any refusal doubt/reason.


Thanks again!

He should take a break from applying, as he has too many recent refusals. I would suggest he wait at least 6 months and work on developing his ties to his current country.

 

[canuck78]

Study Permits' duration used to vary widely, I have seen both 4-year and 1-year for the same University program. Funds, program length and status aren't indicators. It's very vague and random.
Only recently CIC started to issue a full-length permits for the entire degree duration; saving students thousands of dollars and hassle of application fees, time and effort.

People take different paths in life, just because you haven't seen a 28 yo man with two kids and a full-time study commitment, doesn't mean it can't happen.

He only studied 2 out of the 3 years according to you which would be one of the concerns. Do you know how good his marks were? You were the one who pointed out that he assumed his Canadian born children would be an advantage. CIC is definite sensitive to the use of study permits to secure immigration or citizenship for children. Something doesn't make sense. If studying successfully extensions are usually granted.

 

[Rayan75]

He only studied 2 out of the 3 years according to you which would be one of the concerns. Do you know how good his marks were? You were the one who pointed out that he assumed his Canadian born children would be an advantage. CIC is definite sensitive to the use of study permits to secure immigration or citizenship for children. Something doesn't make sense. If studying successfully extensions are usually granted.

ِAgain, you keep assuming bad things - not sure is this your personality or you just have some negative energy to release.
You just want to read (based on your own assumption) rather than actually understanding the situation.

He actually spent the 1st year on a FULL-TIME Academic English program (bridging language course) in the same University. He has been offered 4 scholarships across the remaining two years, so his academic standing isn't questionable. The fact that he has two children, plus young, plus spent some times in Canada seems to annoys you so much that you keep pointing out.

Just as a matter of fact; If you have a child born in Canada, he/she has the right for citizenship, period. That's not law, that's your right.

Based on your attitude; We don't need your advise, please stop sending your negative thoughts to us.

 

[canuck78]

ِAgain, you keep assuming bad things - not sure is this your personality or you just have some negative energy to release.
You just want to read (based on your own assumption) rather than actually understanding the situation.

He actually spent the 1st year on a FULL-TIME Academic English program (bridging language course) in the same University. He has been offered 4 scholarships across the remaining two years, so his academic standing isn't questionable. The fact that he has two children seems to annoys you so much that you keep pointing out. If you have a child born in Canada, he has the right for citizenship, period. NO QUESTION ASKED.

Based on your attitude; We don't need your advise, please stop sending your negative thoughts to us.

Would also help if you provided all the information. There was no mention of 1 year studying English. Many students arrive in Canada and are not successful in their courses. It is a common reason for extension refusals. Was he able to show enough funds to support his education?

 

[Bryanna]

What were the reasons for the study permit extension refusal?