Saturday, November 22, 2008

Hello, I am from the Philippines.

It seems to me that your 'financial ability' is not a factor in refusing your application for the study permit. The Visa Officer is required to follow the guideline as stated in the Overseas Processing Manual of the Citizenship and Immigration Canada when assessing an application for a study permit. This Manual commonly known as OP 12 clearly states "The Students are required to demonstrate financial sufficiency for only the first year of studies,regardless of the duration of the course or program of studies in which they are enrolled. In otherwords, a single student entering a four-year degree program with an annual tuition fee of $15,000must demonstrate funds of $15,000 to satisfy the requirements, and not the full $60,000 whichwould be required for four years. Officers should be satisfied though that the probability of funding for future years does exist, i.e., parents are employed; scholarship is for more than oneyear."

The Visa Officer had doubt if you would return to the Philippines after completing your study. This is a very difficult ground for a rejected applicant to overcome. Nowhere it is said how to satisfy the Visa Officer that a student would eventually return to her country of origin. However when submitting the study permit application an applicant can file proof of her ties to the country of origin. Example , an applicant has been offered a job in her home country. She will be hired for the job once she completes her study. Or the applicant has a property that she should look after upon her return. Or the applicant has her plan of getting married and start her own family in her home country etc.

The Federal Court has set aside the decision of a Visa Officer when it is based on stereotypes or generalizations (Hernandez Bonilla v. Canada (Minister of Citizenship and Immigration) 2007 FC 20.) I am not aware of what the Visa Officer has stated in explaining his reasons for decision to reach his conclusion that you would not return to the Philippines. If he made a mistake in assessing your application you can now file an application for Judicial Review to the Federal Court of Canada. Alternatively you may again apply for a study permit with required proofs if you have any.

My name is Shalini and I am from the Philippines. I have questions and I don't know who to ask to answer them. If you don't mind, it would be really nice if you could answer them for me.

Well, I was accepted to a school in Canada for the semester starting in January a few weeks ago, and I applied for a study permit soon after. I sent them all the required documents but I had no idea that it was so complicated to get a study permit, and I was refused (I just received the letter yesterday, actually).

You posted the reasons for a study permit refusal in your post, and the one I was given was the first one you stated: that I did not satisfy the visa officer that I will return to the Philippines after my authorized period of stay. I know this has something to do with finances and ties to the country, in my case. My dad, who will be the one to support my education and living expenses over there, does have money in his bank acount, of course, but it is not that impressive. Also, since he has only started earning quite well in the past 6 months or so, the bank account isn't even a year old. Anyway, it's somewhat personal, but I really need your advice so I'm going to tell you that the amount of money in his account is only about CAD 52500.

This is actually only enough for a little more than 2 years of tuition and living expenses in Canada and I applied for a four-year bachelor's course. However, my dad is earning more than enough these days and I am sure he will be able to support me until I finish my degree. I would really like to go to Canada and start my studies in January, so I want to re-apply for the study permit, even though there isn't much time left and chances are, well, slim. But is it okay to do so immediately after getting refused? The embassy does allow it, but is it.. Stupid to do it? And if I do re-apply, what can I do to improve my application and documents? My dad has opened two businesses in the past month or so, is it a good idea to show the papers? Should I find a way to show how much my dad earns every month? Is it possible that the reason for the refusal was, not only the lack of ties to this country, but also there not being enough money for the whole bachelor's course as of now? They did not check the box for that, but I would just like to make sure. And in relation to this, do they not issue study permits that are valid for only a year? I am willing to apply on a yearly basis for it.

Well, thank you very much for reading this very long post. Please help me on this. I will be waiting for your reply and I will be extremely thankful for your answers.


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