CapieCanadian

Study permit with spouse and children

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CapieCanadian

Has any of you been successful in applying for a study permit with a spouse and children as dependents?

Friends of mine want to do this but there are naturally uncertainties around every corner. Anybody out there that can share things they learned during the process?

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Cobus

Dear CapieCanadian

The risks of a refusal of a study permit requests  are very high, especially married applicants that is not 18-22 years of age.  
 
Applicants underestimate the power of the visa officer within legislation AND the application of that power. Some visa offices use the power in negative way to refuse a high number of applicants 
 
I have been approached by dozens of people that had study permit refusals. These people obviously will not easily mention a failed application on this forum
 
 
" 86 % cent of applicants from Algeria were rejected this year, as were 82 per cent from Cameroon, 81 per cent from Nigeria, 75 per cent from the Democratic Republic of Congo, 70 per cent from Kenya and 62 per cent from Ghana." 
 
On 15 Jan 2020 I asked the following question to Immigration: "Would you be so kind to produce a report from GCMS:  "The number of study permits that was applied for  at the Canadian High Commission in Pretoria  South Africa for the period  1 June 2018- 30 Aug 2019.  Please only consider applicants that has dates of birth on or after 1 January 1990.  Then also what number of study permits was refused from this group of applicants 
 
Therefore the stats would provide us with the refusal rate for anyone older than 30 years at the Canadian High Commission in Pretoria. Once I hav this we will post this here. 
 
The case should be prepared in such a way that if it is refused, and relieve is requested  at the  Federal Court, the Department of Justice could  settle the case outside of court if well prepared.  
 
There is a big disconnect between the objectives of Immigration and Refugee Citizenship Canada to attract students & the provinces that want students AND visa officers on the other hand that refuses study permits in very large numbers.
 
The problem lies with the authority given to officers and Immigration and Refugee protection Regulation 179 (b) “An officer shall issue a temporary resident visa to a foreign national if , following an examination, it is established that the foreign national (a) has applied in accordance with these Regulations for a temporary resident visa as a member of the visitor, worker or student class; (b) will leave Canada by the end of the period authorized for their stay under Division 2”
 
Officer actually base refusals on concepts which is NOT in the checklist. See https://www.canada.ca/content/dam/ircc/migration/ircc/english/pdf/kits/forms/imm5483e.pdf 
 
 A decision by a visa officer can be overturned and sent back to a different officer for redetermination on certain grounds as stipulated in Section 18 (4) of the federal Court Act: The Federal Court may grant relief under subsection (3) if it is satisfied that the federal board, commission or other tribunal (a) acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction; (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; (c) erred in law in making a decision or an order, whether or not the error appears on the face of the record; (d) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it; (e) acted, or failed to act, by reason of fraud or perjured evidence; or (f) acted in any other way that was contrary to law.
 
Here is a typical Federal Court case against a refusal in Pretoria: http://www.canlii.org/en/ca/fct/doc/2010/2010fc148/2010fc148.html  
 
The application for a study permit should be so well prepared that it withstand  withstand scrutiny and withstand a judicial review in Federal Court.
 
I am writing this as I am worried about the South Africans not being warned by immigration about the requirements and powers of visa officers. Once refused it will create a black dot against your name.  The next time you apply for an a visa to attend an interview, you will have an uphill battle.
 
 
 
 
Cobus Kriek
cobus@matrixvisa.com 
www.matrixvisa.com 
 
00-1-403-710-7156 cell/Whatsapp
010-285-0493 Office number in South Africa 
 
 
 

 

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CapieCanadian

Thanks so very much Cobus! Your reply is insightful.

I will ask that my friend makes contact with you.

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