In Canada, we do not have a stand-alone student visa like in other countries. What we have is a Temporary Resident Visa also known as a TRV with a Study Permit attached to it which, as the name suggests, is permission to an applicant to take on a particular course of studies for a definite period of time. Since the study permit is an addition to or an extension of the temporary resident visa, all the applicable terms and conditions of the temporary resident visa also apply to the study permit holder. The most important one is the temporary nature of such residency. As such, even where the applicant met all other requirements of a study permit if the immigration officer or the visa officer cannot on the balance of probabilities satisfy himself or herself that the applicant is going to leave the country at the end of their studies, the officer is allowed to refuse the application referencing s. 216(1) of the Immigration and Refugee Protection Regulation or the IRPR.

When an application is refused on the grounds of s. 216(1) of the IRPR, that in itself is a fair indicator that the applicant has submitted an otherwise complete application. Because, if the applicant has missed a form or did not comply with all the basic requirements for a study permit, then the officer would have refused the application referring to those deficiencies and would not need to refer to s. 216(1). We have listed different grounds under s.216(1) based on which the immigration officer can refuse a study permit to an applicant, if your Canadian student visa (study permit) application was refused for the following reasons, in most cases, we can help you set aside that refusal through the Federal Court of Canada Judicial Review process.

  • The officer is not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on the purpose of your visit.
  • The officer is not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on your family ties in Canada and in your country of residence.
  • The officer is not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on your travel history.
  • The officer is not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on your immigration status.
  • The officer is not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on your family ties in Canada and in your country of residence.
  • The officer is not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on the purpose of your visit.
  • The officer is not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on your current employment situation.
  • The officer is not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1).

Feel free to send us an email to [email protected] or call (604) 837-2646 for more information.


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