Individuals who have applied for a Canadian Study Permit, but have been refused, can re-apply or seek legal help with their application process.
It is very important to understand the reason behind the refusal of a study permit.
Reasons for refusal
Immigration, Refugees and Citizenship Canada (IRCC) enlists the reasons behind the refusal of the application of study permit of the Candidate in a letter. The reasons may be:
- Could not show evidence of financial ability to sustain yourself while studying in Canada;
- Could not pass the medical exam.
- Could not convince the immigration officer that his or her main intent of coming to Canada is to study; and/or
- Could not convince the immigration officer that he or she will leave Canada once their study period is complete.
Once you know the reason of your refusal, :
- You may take into account the stated reasons for the refusal and prepare a new application; or
- It is possible to consult a lawyer for help with an official review of the decision.
Review of Canadian Study Permit requirements
If an application for a study permit is refused, the first thing to be reviewed should be the eligibility criteria. You are allowed to study in Canada with a Study Permit, but for that :
- You must have been accepted by a designated learning institution in Canada;
- You must prove that you have enough money to pay for:
- tuition fees,
- living expenses to sustain themselves and any family members in Canada, and
- return transportation along with accompanying family members who come with them to Canada;
- You should remain a law-abiding citizen with no criminal record and not be a risk to the security of Canada. A police certificate (or certificates) may also be required;
- You must maintain good health and be willing to complete a medical examination, if required; and
- It is important to satisfy an immigration officer that they will leave Canada at the end of the authorized stay.
There are exceptions to the above criteria for members of foreign armed forces from certain countries, foreign nationals with Registered Indian status, and individuals who wish to undertake a short-term study program in Canada (less than six months).
Applying for a review of the decision
Failing to secure the eligibility criteria results in refusal of study permit but, if an applicant can prove that he or she initially satisfied the criteria, he or she may have grounds to apply for a review by the Federal Court of Canada.
Generally, a lawyer applies for a judicial review on behalf of a study permit applicant.