Visitor Visa application with 2 past study permit refusals

[woodchild]

Hi all,

My sister wants to come to Canada to visit me and my father (both permanent residents) from China. She has 2 study permit application refusals from 2020 and 2021, would the refusals play a deciding factor again in the new visitor application?

A bit more background:
She had previously come to Canada in 2012 and 2015 on study permits (1 year validity) to study English and both times had spent about 9-10 months. In 2019, she applied for a study permit to continue her studies again but was refused due to not submitting a detailed study plan (as indicated in GCMS notes) and not sufficient funds. She then wrote a several page long detailed study plan with timeline and courses etc and increased funds proof (term deposits certification) but was refused again. The GCMS notes indicated "poorly documented study plan" which seemed negligent from IRCC. We considered judicial review but did not end up pursuing. She's in early 40s and single, works full time in the same job/profession for the past 5+ years, has well sufficient funds to cover her expenses for the visit etc. My mother is no longer with us so she's the only member of my immediate family who still lives in China.

TIA

 

[Naturgrl]

As a single person it is always more challenging to get an approved TRV. She has no family ties to return and two study permit refusals so she needs to show job letter with approved and other ties to return (business, investment property etc.). Not sure it will be enough if her family is in Canada. Her only immediate family is her dad. You are not.

 

[woodchild]

get an approved TRV. She has no family ties to return and two study permit refusals so she needs to show job letter with approved and other ties to return (business, investment property etc.). Not sure it will be enough if her family is in Canada. Her only immediate family is her dad. You

Thanks for replying.

You are right, legally her only immediately family is my father. I do want to add though, in her second refused study permit app she included a property she has owned since she was 20, a letter from her employer equivalent to our ROE in Canada and also a letter from her boss indicating support and willingness to rehire her after her studies and return from Canada. She also included details of her intended program of study that is directly related to her profession and acceptance letter from a well known publicly funded research university (not degree mill/career colleges for the purpose of immigration places in the news of late). I personally helped her preparing and proof-read the entire application which I thought was pretty bullet proof but IRCC still negligently refused the application based on "poorly documented study plan". I wonder if like you said, it is mostly because our father has been a permanent resident before her application which makes it more difficult to prove her purpose of visit or voluntary exit. I'm not sure what more/different supporting materials could be provided to enhance this TRV application based on what she submitted last time.

I remember from talking to a lawyer that judicial review request is only accepted within 6 months of a decision, is that still the case now?

On a different note, would the refusal history impact her future chances of coming to Canada under other categories, say for example, entrepreneur/investment streams of different provincial nominee programs?

Thanks

 

[Naturgrl]

Thanks for replying.

You are right, legally her only immediately family is my father. I do want to add though, in her second refused study permit app she included a property she has owned since she was 20, a letter from her employer equivalent to our ROE in Canada and also a letter from her boss indicating support and willingness to rehire her after her studies and return from Canada. She also included details of her intended program of study that is directly related to her profession and acceptance letter from a well known publicly funded research university (not degree mill/career colleges for the purpose of immigration places in the news of late). I personally helped her preparing and proof-read the entire application which I thought was pretty bullet proof but IRCC still negligently refused the application based on "poorly documented study plan". I wonder if like you said, it is mostly because our father has been a permanent resident before her application which makes it more difficult to prove her purpose of visit or voluntary exit. I'm not sure what more/different supporting materials could be provided to enhance this TRV application based on what she submitted last time.

I remember from talking to a lawyer that judicial review request is only accepted within 6 months of a decision, is that still the case now?

On a different note, would the refusal history impact her future chances of coming to Canada under other categories, say for example, entrepreneur/investment streams of different provincial nominee programs?

Thanks

She cannot go to JR for a study permit not. Her refusal history will factor in and she has to mention the errors. Property is a tie if income related so show tenant agreements. She is single so has no family ties to return. At her age, family ties are spouse and children under 22. She can apply and wait and see what happens. If she was in her mid-30s and applying for a study permit then it honestly made no sense unless doing a PhD.