What does this type of Canadian visa refusal mean?
If a Canadian Visa Officer has refused your study permit application for the reason stated, that is: The Purpose of Your Visit Is Not Consistent with A Temporary Stay Given the Details Provided In Your Application, it might mean that the information you provided did not clearly indicate your intention to study in Canada temporarily.
Here are some suggestions to improve your application if you reapply:
- Reassess your application: Carefully review the information you provided in your initial application. Ensure that all the details are accurate and consistent with the purpose of a temporary study permit.
- Letter of acceptance: Make sure you include a valid letter of acceptance from a Designated Learning Institution (DLI) in Canada. This should clearly state the program, duration, and start and end dates of your study course.
- Proof of financial support: Provide clear evidence that you have sufficient funds to cover your tuition fees, living expenses, and any additional costs during your stay in Canada.
- Ties to your home country: Strengthen your application by demonstrating strong ties to your home country. This could include proof of family, property, or employment. This can help convince the visa officer that you intend to return home after completing your studies.
- Study plan: Write a clear and concise study plan, explaining your reasons for choosing the specific program and institution in Canada, how it aligns with your future goals, and how you plan to use your education upon returning to your home country.
- Language proficiency: It is better if you have submitted valid language test results (IELTS or TOEFL) as they can be pursuasive to the Visa Officer and your chosen institution.
Can a lawyer help if my Canadian study permit application is rejected?
Yes, a lawyer, particularly one who specializes in immigration law, can help if your Canadian study permit application is rejected. Immigration lawyers can:
- Review your application: A lawyer can help you assess your initial application, identify any weak points or inconsistencies, and suggest improvements based on their experience and knowledge of immigration law.
- Clarify reasons for rejection: A lawyer can help you better understand the reasons behind the rejection of your study permit application, and provide guidance on how to address those issues in your next application.
- Prepare a strong application: With their expertise, an immigration lawyer can help you prepare a more compelling application that addresses the concerns raised by the visa officer in your previous application. This may increase the likelihood of a successful outcome.
- Appeals and legal options: In some cases, a lawyer can help you explore other legal options or appeal processes, such as filing an application for judicial review. However, this option may not always be available or recommended, depending on your specific circumstances.
Please note that hiring an immigration lawyer does not guarantee approval of your study permit application. Visa decisions ultimately lie with the Canadian government and the visa officers reviewing your application. However, a lawyer’s guidance can help you present a stronger case and increase your chances of success.
Cost
The cost of a judicial review for a refused Canadian study permit can vary based on several factors, such as the complexity of the case, the lawyer’s fees, and any additional expenses. Here is a general breakdown of some potential costs:
- Lawyer’s fees: The cost of hiring an immigration lawyer to handle your judicial review can vary significantly depending on their experience, reputation, and location. Fees can range from $2,000 to $15,000 or more. Some lawyers may charge a flat fee for the entire process, while others may bill by the hour.
- Federal Court filing fees: There is a fee to file an application for judicial review with the Federal Court of Canada. As of my knowledge cutoff in September 2021, the fee was CAD $50, but please check the Federal Court’s website for the most up-to-date information on filing fees.
- Disbursements: These are additional expenses that may be incurred during the judicial review process, such as photocopying, courier services, and other administrative costs. Disbursements can vary, but you should budget for at least a few hundred dollars.
- Potential cost awards: In some cases, if the Federal Court finds in favor of the applicant (you), the government may be ordered to pay a portion of your legal costs. Conversely, if the Court does not rule in your favor, you could be responsible for paying some of the government’s legal costs.
Please note that these are general estimates, and the actual cost of a judicial review for your specific case may vary. It is essential to consult with an immigration lawyer to get a more accurate assessment of the potential costs involved in pursuing a judicial review for your refused study permit application. Also, keep in mind that the success of a judicial review is not guaranteed, and you should carefully consider whether this option is the best course of action for your situation.
How much does a judicial review going to cost me?
- An immigration lawyer’s fees can vary greatly based on experience, reputation, and location when handling a judicial review. Fees can range from $2,000 to $5,000 or more. Some lawyers may charge a flat fee for the entire process, while others may bill by the hour.
- Federal Court filing fees: There is a fee to file an application for judicial review with the Federal Court of Canada. The fee is CAD $50, but please check the Federal Court’s website for the latest information on filing fees.
- Disbursements: These are additional expenses incurred during the judicial review process, such as photocopying, courier services, and other administrative costs. Disbursements can vary, but you should budget for at least a few hundred dollars.
- Potential cost awards: In some cases, if the Federal Court finds in favor of the applicant (you), the government may be ordered to pay a portion of your legal costs. Conversely, if the Court does not rule in your favor, you could pay some government legal costs.
Please note that these are general estimates, and the actual cost of a judicial review in your specific case may vary. It is essential to consult with an immigration lawyer to get a more accurate assessment of the potential costs involved in pursuing a judicial review for your refused study permit application. Also, remember that the success of a judicial review is not guaranteed. You should carefully consider whether this option is the best course of action for your situation.