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Canadian Student Visa 101

May 31, 2021

In our last blog, we discussed the importance of preparing a student visa application as early as possible as well as issues related to student visa rejections. This blog will highlight the approach that our immigration lawyers take when preparing a student visa application.

A Canadian study permit comes with significant benefits which attracts a high-volume of applications.  A visa officer will issue a study permit under subsection 216(1) of the Immigration and Refugee Protection Regulations, the key test under which is whether the applicant is likely to “leave Canada by the end of the period authorized for their stay.”

While student visa applications lack inherent complexity, given the overall volume of applications as well as the fact that most students wish to transition to permanent residence, we believe that hiring an experienced Canadian immigration lawyer to prepare or at the very least review the application is a worthwhile step.

Given that Abramovich & Tchern handles immigration litigation, including judicial reviews at the Federal Court, we routinely assist students whose student visa application has been rejected, when appropriate challenging the rejection at Federal Court or submitting a new application.

Some of the rejections we see stem from poor preparation by previous representatives that adopt a one-size fits all approach to student visa applications, failing to present the key facts in a persuasive fashion.

While an initial denial is not necessarily fatal to your Canadian immigration plans, it can significantly increase costs and delay the start of your studies. We will discuss our approach to litigation v. re-applying in a future blog.  

When it comes to preparing student visa applications, we take a tailored approach, highlighting the key relevant facts to maximize your chances of receiving a student visa. In addition, we draft persuasive submissions which not only address the key legal considerations but present your case in a relatable manner.

We are also mindful of country specific conditions and rejection rates. For example, when dealing with a high volume and/or high rejection rate country such as Nigeria or Ghana, we take additional steps to ensure that if the visa is rejected, we are able to present the strongest possible case at the Federal Court, which often leads to an early settlement with the Minister of Citizenship and Immigration, and ultimately a positive redetermination decision.

Start your journey of studying in Canada on the right foot by booking a consultation with our team today. You can also contact us at info@atimmigrationlaw.com or call us at 416-551-1757 to discuss your student visa application process.