Living in Canada and studying for a few years can be daunting, especially when you are married and have to live apart from your spouse for such a long time. However, in Canada, family reunification and support are a priority for the Canadian government, so if you are studying in Canada and want to bring your spouse with you, you can apply for a study permit, a spousal open work permit, or a visitor visa for your spouse.
As per Canadian immigration rules, the spouse is deemed eligible to apply for an open work permit as a temporary worker in a Canadian organization. Alternatively, if your spouse wants to study in Canada, he or she must have a letter of acceptance from a designated learning institution. If you plan to bring your non-working/non-studying spouse with you while studying in Canada, you can apply for a visitor visa or an electronic travel authorization (eTA), depending on your country of citizenship.
Canada Student Spouse Visa Rejection Reasons
The Canada Student Spouse Visa is important for the spouse or partner of an international student. Visa refusals can be disheartening. Let’s explore the reasons behind them and what to do next.
#1 Financial Insufficiency
Like the student, the accompanying spouse must demonstrate adequate financial capacity. Failing to provide sufficient funds for both the student and spouse remains a common reason for rejection.
#2 Unclear Relationship Status
Over the years, fraud submissions from individuals attempting to acquire Canadian student spouse visas have risen. The Immigration, Refugees and Citizenship Canada (IRCC) rigorously investigates the genuineness of each relationship to prevent fraudulent marriages for immigration benefits. In cases where the officer is unsure about the marriage’s legitimacy, the submission may be rejected, and the applicant could face a 5-year ban from entering Canada due to Misrepresentation.
#3 Ineligibility or Inadmissibility
Specific eligibility criteria or inadmissibility factors could have led to the rejection. For example, criminal records, medical issues, or previous visa violations can impact admissibility.
#4 Lack of Return Intention
Your intent should be clear and consistent with your Statement of Purpose (SOP) and the visa you are applying for. Visa officers minutely check for discrepancies, and if there is any confusion regarding your plans, it could be a problem and potentially a reason for refusal of your spouse’s visa.
#5 Connection to the Home Country
When applying for a spousal open work permit, it is crucial to emphasize the spouse’s connections to their home country and their intent to return to Canada once the work permit expires. Failure to convince the visa officer of this could result in the rejection of the visa application.
#6 Incomplete or Inaccurate Documentation
It is the most common reason for refusing a spouse visa if any required documents need to be included, completed, or updated. You must provide all the necessary documents and double-check for accuracy.
#7 Past Immigration Violations
Any prior immigration breaches, such as overstaying a visa or providing fraudulent documents, can also result in rejection.
What to Do Next if Your Student Spouse Visa Gets Rejected?
You can appeal the decision if your Canada Student Spousal Visa application has been rejected. Here are the steps you can take:
- Review the Rejection Letter: Carefully read the rejection letter provided by the Canadian immigration authorities. Understand the specific reasons for the rejection. This will guide your next steps.
- Eligibility for Appeal: Not all visa rejections are eligible for appeal. Generally, you can appeal if your application was denied due to the genuineness of the relationship, financial insufficiency, or other factors. However, if the rejection was due to criminal inadmissibility or misrepresentation, you may not be eligible for an appeal.
- Time Limit: You must file an appeal within a specific time frame. Adhere to this deadline.
- Gather Additional Evidence: If the rejection was due to insufficient evidence or doubts about your relationship, gather more supporting documents. These could include:
- Proof of Relationship: Photos, correspondence, joint bank statements, travel records, etc.
- Financial Documents: Updated bank statements, employment letters, or educational loan details.
- Legal Advice: Consult an immigration consultant to assess your case and provide guidance.
- Submit the Appeal: Follow the specific instructions the relevant authority provides (Federal Court or IAD). Pay attention to required forms, fees, and submission guidelines.
- Be Prepared for a Hearing: If your appeal proceeds to a hearing, be ready to present your case. You may need to attend in person or virtually.
Frequently Asked Questions (FAQs)
Here are some frequently asked questions (FAQs) related to Canada Student Spouse Visa Rejection:
If you have been rejected for a Canadian student spouse visa and want to learn about the process of resubmission, connect with our team of experts for their professional advice.