Immigration Corner | Study permit refused

Immigration Corner | Study permit refused:

Dear  Ms. Powell,

I applied to the Canadian embassy here in Jamaica for a study permit and it was refused. How do I go about appealing? I have a daughter living there and I could work with her part-time. I presented everything so I don't know why I was refused. The only thing I could think of is that many years ago, I was charged with shoplifting, but the case was withdrawn. Please help as I was looking forward to furthering my studies this September.

- A.H.

Dear A.H.:

When an individual applies for a study permit, Immigration, Refugee and Citizenship Canada (IRCC) examines the information that you provide to evaluate your case on an individual basis. They examine factors such as whether or not you have the resources to cover the expenses of studying in Canada if you will return to your home country on the completion of your studies, if you are inadmissible, among other factors, to decide whether or not to grant you a study permit.

When your application is refused, you are usually given a refusal letter which details the specific reason for your visa denial. If your situation has changed, or if you have additional information to support your application, then you should reapply and provide a detailed letter of explanation so that there are no doubts that you qualify for a study permit.

Based on the information that you provided, it would appear that you have strong ties to Canada as you indicated that your daughter is living in Canada and has a business there. If your genuine reason is to study and not just to work with your daughter, you have to present strong evidence of your ties to Jamaica.

Some of the questions you should be prepared to answer in your submission letter will be outlined below: Do you have other children in Jamaica? You should include copies of their birth certificate. Other proof of ties to Jamaica could include evidence of a stable relationship such as a spouse or common-law partner. If you are married, you should include your marriage certificate. If in a common-law relationship, you should provide a statutory declaration of common-law relationship. Do you own property, motor vehicle or business?

How will your studies improve your employment opportunities in Jamaica? Are you currently working in Jamaica? Will you be taking a leave of absence to pursue this study? Will this result in a promotion? Are you pursuing studies to open your own business in Jamaica later on? Do you have a business plan for that business? If the course is being offered in Jamaica, why are you choosing to study in Canada? How will you fund the expenses of your studies? Do you have resources to cover the tuition fee and living expenses for the duration of the course? If your fees will be paid by someone else, you will need to submit a letter from that person along with that person's bank statement and any other proof that you and the person can afford the tuition and living expenses.

 Do You Have A Criminal Record? 

Another significant issue is whether you have a criminal record. You should note that if you have a criminal record, then all is not lost.

Depending on the nature of the offence, the length of time that has passed since the offence, your current lifestyle and conduct, you could still get a study permit. If you are deemed criminally inadmissible, then I suggest that you consult with an immigration lawyer to assist you with your application. It will be necessary to either satisfy IRCC that you have met the requirements to be deemed rehabilitated, apply for rehabilitation or apply for a pardon/record suspension. You should note that an application for rehabilitation does take time, so you get started on that application immediately, to avoid further delay in your application.

Deidre S. Powell is a lawyer, mediator and notary public in Ottawa, Ontario. Send your questions or comments via email: info@deidrepowell.com. Subject line: Immigration. Tel: 613.695.8777