Study Permits, Work Permits, and Visitor Visas
If your application for a visitor visa, study permit, or work permit has been refused, it can be a confusing and overwhelming experience. At Fortune Law Group, we understand the challenges that come with this situation and are here to help. We can provide you with clear and concise information about your options and help you prepare for the next steps, which may include seeking reconsideration, submitting a new application, or filing for a judicial review at the Federal Court of Canada. Our goal is to support you throughout the process and help you move forward with confidence.
Understanding why your Visa Application Was Rejected or Refused
In cases where a study permit, work permit, or visitor visa is declined, the applicant is usually informed of the reasons through a letter. However, this letter may not provide a complete understanding of the issues that led to the refusal. To gain a better understanding, it is necessary to review the GCMS notes. These notes can be accessed through an ATIP request or by submitting a Rule 9 letter to the Federal Court of Canada.
When faced with a rejected application, individuals typically have three options to resolve the matter. They can submit a reconsideration request, re-apply for the application after reviewing the GCMS notes, or file for judicial review at the Federal Court of Canada. Each option may have different requirements and timelines, so it is essential to seek legal guidance to determine the best course of action.
Common Reasons for why Study Permits, Work Permits, and Visitor Visas are Refused
- What is the impact of insufficient ties to the home country on visa applications?
Insufficient ties to the home country may raise doubts about the applicant’s intention to return home after completing their studies, which can adversely affect their chances of getting approved for a visa. Having established family ties and ownership of assets in the home country can help prove such ties, but the applicant must also avoid financial transactions or decisions that may undermine their ties with their home country. - How can an applicant demonstrate that a job makes sense for them when applying for a work permit?
In addition to meeting other requirements, an applicant should provide evidence of how and why the job they are applying for makes sense for them. This may include highlighting their relevant skills and experience, as well as demonstrating how the job fits into their career goals and aspirations. - Can a lack of previous travel history lead to a visa application rejection?
While not having traveled outside the country or never having traveled by air can be a factor in visa applications, it should not prejudice an application for temporary residence, according to a Federal Court of Canada ruling. Immigration authorities must consider other relevant factors, and a lack of previous travel history should at most be a neutral factor. - Why do visa applications get rejected due to financial insufficiency even if the applicant provides proof of adequate finances for the first year of the course?
The Program Delivery Instructions only require proof of adequate finances for the first year of the course, but immigration officers may still reject applications if they suspect financial insufficiency. To minimize the chances of rejection, it is advisable to provide proof of adequate finances for more than one year, even though it is not expressly required for acceptance. - Can an applicant intend to become a permanent resident while applying for a temporary residence permit?
The doctrine of Dual Intent allows temporary residence applicants to intend to eventually become permanent residents, as long as their intentions are bona fide. Immigration officers should distinguish between such applicants and those who have no intention of leaving Canada at the end of their authorized stay if their application for permanent residence is refused.
Reapplying for a Visa
If your application for a study permit, work permit, or visitor visa has been refused, there are various options available to you. One alternative is to reapply for the same visa after addressing the concerns raised in the previous refusal. However, it’s important to note that multiple refusals for the same visa may negatively impact any future applications. Another option is to file an application for judicial review at the Federal Court of Canada, which is a legal process that challenges the refusal decision made by the immigration authorities. It’s advisable to seek the advice of a qualified immigration lawyer to determine the best course of action for your specific situation.
Fortune Law Group will work diligently and guide you on whether a judicial review or re-applying is the best option.
At Fortune Law Group, our legal team is well-prepared to assist you in gathering all the necessary information to comprehensively understand why your immigration application was rejected. Should you decide to proceed with a judicial review at the Federal Court of Canada, our team is equipped to fight for a reassessment of your application by a new visa officer. We are dedicated to providing our clients with expert guidance and representation throughout the entire process.
Contact us for a Consultation About your Desire to Immigrate to Canada
Don’t put your immigration process on hold. Reach out to us for a consultation to discuss your specific needs and desires to immigrate to Canada. Our team will guide you through the entire process and work towards achieving your desired outcome. To get started, simply call us at +1-236-880-6826 or click the button below to fill out our online form and one of our representatives will be in touch with you shortly.
FAQs
If your application for a study or work permit is refused, you have the option of applying for a reconsideration or appealing the decision. It is important to seek legal advice as soon as possible to determine the best course of action.
The processing time for study or work permit applications can vary depending on a number of factors, including the country of origin, the type of application, and the time of year. Generally, processing times can range from a few weeks to several months.
It depends on the type of application and your current status in Canada. Some individuals may be eligible for a bridging work permit, which allows them to work while their application is being processed. It is important to consult with an immigration lawyer to determine your options.
The eligibility requirements for study and work permits can vary depending on the specific program and the individual’s circumstances. Generally, applicants must meet certain requirements related to education, work experience, and language proficiency. An immigration lawyer can help assess your eligibility and guide you through the application process.
In many cases, it is possible to extend a study or work permit. However, there are specific requirements and deadlines that must be met in order to do so. It is important to seek legal advice well in advance of your permit expiry date to ensure that you have sufficient time to apply for an extension.