Does not having dependents in your home country affect your study abroad application?
The federal court has once again warned visa officers that the absence of a spouse or dependent children, without further analysis, should not necessarily be considered a negative factor in the assessment of study permit applications. Otherwise, this would disqualify many, if not most, students from obtaining study permits.
This was one of the rulings of the federal court in the recent case on December 8, 2022, concerning Gilavan, who was denied a student visa by a visa officer. ( Gilavan v. Canada )
The story goes like this:
In December 2021, Gilavan applied for a study permit for a two-year Co-op degree program in Information Technology, focusing on Software Development: Graphics and Web Development, at the Institute of Technology Development of Canada (ITD). At that time, Gilavan had already begun studying remotely due to the COVID-19 pandemic.
The application included a letter outlining his motivation for studying, as well as a document outlining his family information and proof of financial resources. The estimated tuition for one academic year was $12,000.00, and he had paid the full amount upfront. He also won a scholarship of $8,150.00.
On February 2, 2022, a decision letter was sent to the applicant informing them that the application had been rejected. The reason, as recorded in the Record Management System [GCMS] notes, is summarized as follows:
The applicant, aged 20, did not provide a study plan, and their purpose was unclear. The applicant failed to demonstrate a compelling reason why such an educational program would be beneficial. The officer was dissatisfied with the applicant's intention to leave Canada at the end of their temporary residence period, noting the following:
The applicant is single, mobile, lacks good standing, and has no dependents. The applicant has not demonstrated a sufficiently strong connection to their country of residence. The provided bank statements do not include a summary of transactions, thus failing to verify the source of funds. Proof of IELTS or other ESL proficiency is not provided. Based on the documentation provided in the application, it appears the student commenced distance learning in the fall of 2021. I note that the applicant began distance learning at a Canadian DLI without a valid study permit. The purpose of the study abroad trip does not seem appropriate given the applicant's socioeconomic situation, and therefore I am not pleased that the applicant will leave Canada at the end of their permitted stay.
Court conclusion
The court concluded in favor of Gilavan's appeal, transferring the case to another officer for processing. It is worth noting that the Federal Court reiterated its warning to visa officers that the applicant's lack of a spouse or dependent children, without further analysis, should not necessarily be considered a negative factor in the assessment of a study permit application.
What makes KeyApply different?
Study abroad applications and visa applications to Canada always face risks during the review process. When encountering these risks, understanding the regulations and case law is crucial.
KeyApply has a team of experienced immigration lawyers and consultants, selected from the best talent across Canada. Our first priority is to thoroughly understand the case to minimize errors. In addition, our team constantly updates its knowledge of laws, regulations, and case law to be ready to protect our clients and handle necessary appeals .
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