学习许可拒签及上诉 Study Permit Refusals and Appeals
大多数希望留学加拿大的外国公民都需要申请学习许可。加拿大移民官有权自由裁量学习许可的签发。不幸的是，由于诸多原因，学习许可被拒并不罕见。如果学习许可被拒，申请人会收到一封包含拒签理由的拒签信。
In order to study in Canada, the majority of foreign nationals require a study permit. The issuance of study permits is approved at the discretion of Canadian immigration officers. Unfortunately, it is common for a study permit to be refused to a foreign national for a variety of reasons. In the event that a study permit is refused, a visa officer will issue the refusal in a letter outlining the grounds for refusal.
如果学习许可申请人被加拿大移民部拒签，一般有两种处理方式：
- 递交新的申请：如果申请人认可移民官给出的拒签理由，那么唯一的应对方案是提交新的申请。在新的申请中，应妥善解释或处理之前的拒签理由。此外，申请人应及时准备任何需要更新的申请文件。例如，录取信的开始日期、更新的银行账单等。
- 提起上诉：如果申请人不认可移民官给出的拒签理由，认为其申请满足移民部针对学习许可的申请要求，拒签存在理据不足或被不公平对待。申请人可以提出上诉，并要求复议。
If a foreign national is refused a study permit by Immigration, Refugees and Citizenship Canada (IRCC), there are two courses of action for addressing the refusal:
- Submit a new application: If the applicant believes that the grounds for refusal are valid, then their only course of action is to submit a new application. In the new application they should pay careful attention to address the previous grounds for refusal. As well, if any documents need to be updated (start date on Letter of Acceptance, updated bank statements, etc.) the applicant should be sure to obtain these updates.
- Appeal the decision: If the applicant believes that their application met all requirements as mandated by IRCC, but the study permit was refused unfairly or incorrectly, the foreign national can appeal the decision and request a reconsideration.
学签遭拒应对方案 What to do if Your Application is Refused
学习许可遭拒后，申请人将收到包含拒签理由的拒签信。签证官将在预设的拒签理由列表中选择拒签理由，预设的拒签理由清单仅提供拒签理由的基本信息。我们强烈建议学习许可遭拒的申请人选择调档，查询签证官给出的更加具体的拒签理由说明批注。
在获得移民官提供的批注后，申请人可以评估拒签理据是否充分。例如，如果申请人由于材料缺失导致申请被拒，那么拒签理据充分。那么最好的处理方式为，在补充材料后重新递交新的申请。
如果调档结果显示拒签理据不充分，那么申请人可以选择提出上诉要求复议。上诉程序和递交新申请的程序可能都需要相当长的时间。因此，申请人可能需要联系其申请的指定院校并要求修改入学时间。以防无法及时获得学习许可，不能在原定日期开始课程。
When a study permit application is refused, this refusal will be noted in a letter issued by the visa officer to the unsuccessful applicant. Within this letter, the visa officer will indicate the reason(s) for refusal from a list of pre-determined possibilities. This listing of refusal reasons gives only basic information regarding the grounds for the refusal.
However, when an application is refused, the applicant has the right to request the visa officer’s notes supporting the reason for refusal. It is strongly recommended that these notes are requested as this will inform the applicant as to how best to address the refusal. Once an applicant has obtained the case notes from the visa officer, they can assess whether or not the grounds for the refusal were valid. If the study permit was refused for valid reasons, for example, if the applicant failed to include any of the required documents, then the best option is to submit a new application after ensuring that the errors are addressed.
If the study permit was refused for reasons the applicant believes were invalid then an appeal requesting reconsideration may be submitted. Both the appeal process and the resubmission process may take considerable amounts of time. The applicant should therefore be prepared to contact their school to request amendments to their intended start date in the event that they will not be able to obtain a study permit in time to begin the program on the date originally planned.
拒签理由 Reasons for Refusal
加拿大学习许可申请，存在诸多拒签理由。学签遭拒后这些理由将被标注在移民部发放的拒签信上。为了更加全面具体的了解拒签理由，申请人可以通过调档，要求处理其申请的签证官提供给案件审理批注。以下是较为常见的学习许可被拒原因：
There are many reasons why a Canadian study permit application may be refused. These reasons will be indicated on the refusal letter issued by IRCC. A foreign national may also request case notes from the visa officer who reviewed their file in order to better understand the grounds for refusal. Below are the most common reasons why a study permit may be refused:
资金证明被质疑 IRCC Questions Your Proof of Financial Support
申请人需要证明其有足够的资金以确保在加拿大的生活。加拿大移民当局要求所有留学申请人证明他们有足够的资金支持第一年的学费，以及申请人及其随行家庭成员的生活费用。如果学习许可由于资金证明遭到质疑被拒，申请人需要重新审视之前提交的财务文件，或提交额外的补充材料，以确保签证官针对申请人财务能力的顾虑被解决。
When you submit a study permit application, you need to demonstrate that you have sufficient funds to support yourself in Canada. IRCC mandates that all international students prove they have the funds to cover their tuition fees for the first year of study, as well as the cost of living for themselves and any accompanying family members. If your application is refused because IRCC questions your ability to financially support yourself, you should carefully review the financial documents you submitted with your application. Make sure that you address the concerns raised by the visa officer and submit additional documents to prove that you meet the proof of funds requirement.
离开母国的动机被质疑 IRCC Questions Your Intention to Leave the Country
学习许可属于临时签证，这意味着学签存在有效期限与到期日期。在学习许可的申请中，申请人有义务让签证官相信申请人将在学习许可到期后离境。这并不意味着申请人不能申请学习许可续签或递交永久居留权的申请。事实上，加拿大移民当局颁布了诸多移民项目，帮助国际留学生在毕业后留在加拿大就业并顺利过渡到申请永久居留权。
简而言之，签证官必须相信在申请人的合法身份到期后不会非法滞留在加拿大。通常，如果申请人不能证明其与母国存在充分的联系，学签可能遭拒。解决的最佳方案，是通过修改补充申请人的个人陈述解决签证官的顾虑。注意：通过在申请中充分体现双重身份意图，极寻求在加拿大短期居留或申请永久居留权并非不切实际。
A study permit is a temporary visa, which means that it has a validity period and an expiration date. In your study permit application, you need to convince the visa officer that you will leave the country when your study permit expires. That does not mean that you cannot apply to extend your study permit, or stay permanently. In fact, there are many programs designed by the government to help students stay and work in Canada following their studies, or transition to permanent residence.
What it does mean is that the visa officer has to trust that you will not stay in the country illegally when you are out of status. Usually, this is a problem if you don’t demonstrate that you have good reasons to want to return home. The best way to address this concern is through your personal statement. If the visa officer isn’t convinced of the narrative you’ve provided, you need to rework your statement to try to address their concerns directly. Note: It is possible to actively pursue both permanent and temporary residence in Canada. This is done by claiming dual intent in an application.
学习项目被质疑 IRCC Questions Your Choice of Study Program
如果签证官无法理解申请人所选择学习项目或学历等级的合理性，学习许可可能遭拒。例如，申请人拥有菲律宾护理学士学位外加四年左右工作经验并选择到加拿大进修酒店管理，如无极为合理的解释说明，则可能会被质疑。当申请人的学历、工作履历与选择申请的加拿大学习项目存在巨大差异时，申请人需要在学习计划中充分阐述解释选择的原因与合理性。如因学习项目遭到质疑签证被拒，调档查看签证官的批注非常有效。
Study permit applications are sometimes refused if the visa officer doesn’t understand the logic of your choice of program or level of study. Someone with a Bachelor’s Degree in Nursing from the Philippines and four years of experience working as a nurse who wants to study hotel management, for example, could be questioned. The chosen program in Canada doesn’t seem to align very well with the applicant’s educational background or employment history. If your choice of program seems odd, given your past education or work experience, you need to clearly explain why you want to study it in your personal statement. This is another case where seeing the visa officer’s notes can really help.
录取信被质疑 IRCC Questions Your Letter of Acceptance
只有在申请人收到加拿大指定院校（DLI）的录取信后，才能递交学习许可的申请。同时申请人必须满足录取信中注明的先决条件。如果签证官怀疑录取信的真实性，或怀疑申请人不满足进入学习项目的先决条件，学习许可可能被拒。如因此原因学签被拒，申请人需要确保所有来自院校的文件清晰易读，并尽可能提供更多支持文件材料。某些时候，申请人可能还需要联系发放录取信的指定院校，协助解决签证官的顾虑。
Before you can apply for a study permit, you have to obtain a letter of acceptance from a Designated Learning Institution (DLI) in Canada. You also have to meet all program requirements. If the visa officer doubts that your letter of acceptance is genuine, or that you have actually met the program requirements, they might refuse your study permit. Review the school documents that you submitted. Make sure that all of the documents are clear and easy to read, and provide any additional supporting documents that you can. In some events, you may want to contact the DLI that issued the document for help addressing the officer’s concerns.
旅行记录或身份证件被质疑 IRCC Questions Your Travel or Identity Documents
如果申请人没有完整的履行记录，或其身份证件损坏不清，加拿大移民部可能以此为由拒绝学习许可申请。加拿大移民当局需要核实申请人的身份，已确定申请人是否由于医疗疾病或刑事犯罪等原因不准入境。如果签证官认为申请人的旅行记录中存在留白期，申请人可以申请调档查询签证官对案件的批注，找到存疑的留白阶段。当提交新的申请时，确保提供额外的支持文件来覆盖这些留白期。如果问题出在申请人的身份文件上，确保在新的申请中加以完善或更新。
If you don’t have a complete record of your travel history, or if your identity documents are unclear, IRCC may refuse your study permit application. IRCC must be able to verify your identity to determine whether you are medically or criminally inadmissible to Canada. If the visa officer thinks there are blank spaces in your travel history, review the documents you submitted and the visa officer’s notes to find which time periods are problematic. When you re-apply, be sure to include additional supporting evidence to cover these periods. If the problem is with your identity documents, review your application to make sure that they were clear and easy to read.
优途，给你选择的权利 How UTOI Can Help
如果申请人对学习许可拒签存疑需要帮助，请与我们联系。我们的移民律师或持牌移民顾问，将凭借多年累积的执业经验给出专业的建议，为客户提供选择的权利。如果需要了解加拿大院校申请或择校问题，可以向我们的留学规划师咨询。如果对于未来的移民规划感到焦虑，请填写我们的在线评估表得到免费评估。
If you are unsure about why your study permit was refused or how to address the refusal, please contact us and one of our legal experts will be pleased to discuss your options moving forward. If you are curious about studies in Canada and the possibility of immigrating to Canada permanently, please complete our free student assessment and an Educational Counsellor from UTOI’s International Student Program team will contact you.
