In a recent ruling, the Federal Court has affirmed the reasonableness of Immigration, Refugees and Citizenship Canada (IRCC) visa officers’ decision to refuse study permit applications when applicants have obtained low grades in “core courses” or “core subjects” related to their intended program of study in Canada.
The case of Barot vs. Canada (Citizenship and Immigration) brought this matter to light. The applicant, a 23-year-old Indian citizen, sought judicial review of an IRCC visa officer’s decision to reject his study permit application. The applicant held a Bachelor’s Degree in Management Studies from the University of Mumbai in 2020 and applied for a study permit in 2021 to pursue a post-graduate certificate in entrepreneurship management at Canadore College.
Despite being accepted by Canadore College, the applicant’s study permit application was denied by the visa officer, who deemed the applicant’s academic proficiency insufficient to complete his studies in Canada. The applicant’s submitted transcripts revealed below-average grades, particularly in core subjects. Consequently, the officer concluded that the applicant lacked genuine student status and that his chosen program of study was unreasonable.
Additionally, the Court ruled that visa officers are not obligated to provide explicit explanations for considering an applicant’s grades to be subpar, even if a Canadian post-secondary institution has admitted the student.
This ruling has significant implications, highlighting the wide discretion visa officers possess in refusing applications. If you are a student with lower grades, it is essential to address concerns proactively and present compelling arguments regarding how those grades will or will not impact your ability to complete your proposed studies.
This decision underscores the importance of maintaining academic proficiency and highlights the need for students to demonstrate their capability to excel in their chosen field of study. It is crucial to diligently address any concerns regarding grades and provide persuasive justifications to assure visa officers of your commitment and potential for academic success.
Aspiring students should take note of this ruling and strive to present a strong case that allays any doubts regarding their ability to thrive academically in Canada. It is prudent to seek professional guidance and support when navigating the study permit application process to increase the likelihood of a favourable outcome.
Remember, academic excellence and careful preparation are key to securing your study permit and embarking on a successful educational journey in Canada.
Guide to Applying for a Student Visa
If you’re considering studying in Canada and wish to apply for a study permit, it’s important to follow the application process diligently. To be eligible for a study permit, prospective students must fulfil the following criteria:
- Secure a Letter of Acceptance: Obtain a letter of acceptance from a designated learning institution in Canada.
- Show Financial Support: Demonstrate that you have sufficient financial resources to cover your first year of tuition, living expenses, and return transportation to your home country.
- Quebec Acceptance Certificate (CAQ) (if applicable): If you plan to study in Montreal or elsewhere in the Province of Quebec, obtain a Certificat d’acceptation du Quebec (CAQ).
- Maintain a Clean Record: Ensure that you have a clean criminal record and do not pose a risk to Canadian security. In some cases, IRCC may request a police clearance certificate.
- Maintain Good Health: Be in good health. IRCC may request a medical examination to verify your health status.
- Demonstrate Intent to Depart: Convince the immigration officer that you have genuine intentions to leave Canada at the end of your authorized stay as granted by the study permit.
It is advisable to submit study permit applications as soon as you receive your letter of acceptance from the learning institution, as processing times may vary.
Student Direct Stream (SDS)
The Student Direct Stream (SDS) program expedites the study permit application process for eligible international students, making it faster and more efficient. The SDS is available to residents of the following 14 countries:
- Antigua and Barbuda
- Brazil
- China
- Colombia
- Costa Rica
- India
- Morocco
- Pakistan
- Peru
- Philippines
- Senegal
- St. Vincent and the Grenadines
- Trinidad and Tobago
- Vietnam
Applications eligible for SDS are typically processed within 20 days. To apply for a Canadian study permit through the SDS program, prospective students must:
- Provide a Letter of Acceptance: Submit a copy of the letter of acceptance from a Canadian Designated Learning Institution.
- Complete Medical Examination: Present a confirmation document for the upfront medical examination.
- Demonstrate Financial Capacity: Prove that you have obtained a Guaranteed Investment Certificate (GIC) of $10,000 and that you have paid the tuition fees for the first year of study.
- Language Proficiency: Show proof of language test results, completed within two years of the SDS application, demonstrating an IELTS score of 6 in English or NCLC 7 for French.
- Submit Application at a Visa Application Centre (VAC): Submit the study permit application at a designated Visa Application Centre.
Following these guidelines will help ensure a smooth and efficient application process for your Canadian study permit. Remember to carefully adhere to the requirements and provide all necessary documents to support your application. Seeking professional advice and assistance can also be beneficial to increase your chances of a successful outcome.
Embark on your educational journey in Canada with confidence, knowing that you have followed the appropriate procedures and requirements for obtaining a study permit.
Seeking the right legal guidance is crucial when navigating the complexities of study permit applications. To ensure the best possible outcome, consult Brace Laws—a trusted and experienced firm specializing in immigration and visa matters. Our expert team will provide personalized assistance, helping you address concerns related to low grades and presenting compelling arguments to strengthen your application. We serve our clients in English, Italian, Albanian, Arabic, Punjabi, Farsi, Hindi, Malayalam, Tamil and Urdu with offices in Oakville and Vaughan. Call us at 905-815-6555 or email admin@bracelaw.ca. We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees.
With Brace Laws by your side, you can confidently embark on your educational journey in Canada. Contact us today for expert advice and support.
