Need help/information on reapplying for student visa

A

ak3019

New Member
Hey there,

My application for a study permit was denied. I received the letter today. Before I ask some questions regarding this, I just want to give you guys some background information on myself.

I was born in India. I left India for New York at age 12 in 1999. I was on a H4 dependent visa until I was 21 and switched to a student visa since I cannot be on a H4 visa after the age of 21. I did my middle school(8th grade) and high school(9th-12th) in New York. I was also enrolled in a community college in New York for 3 years while pursuing my associates degree in Computer Information Systems. I had to leave New York because my student visa expired before I had a chance to complete my degree. I came back to India on August 25, 2009. So I stayed in New York from July 1999 to August 2009. My parents are both still there. My mother is on a H1 visa and my father is on a dependent visa. I also have a uncle there who has a green card and is married with children.

I wanted to switch my career track from Computer Information Systems to Culinary Arts(Cooking/Chef). I applied and got accepted into Humber Institute of Technology in Ontario, Canada for a Culinary Skills certificate program. Its a 9 month program which I'm supposed to start in January.

I applied for a student visa on November 12 and got a reply today stating that my visa was denied for the following reasons:

1. You have not satisfied me that you will leave Canada by the end of the period authorized for your stay because:

a. You have not demonstrated that you are sufficiently well established in your country of residence.
b. You have not demonstrated that your or your parents have sufficient income and assets to justify your proposed study
c. Your proposed studies are not reasonable in light of one or more of: your qualifications, previous studies, employment, level of establishment, other educational opportunities available, language abilities, or your future prospects and plans

2. You have not satisfied me that you have sufficient funds for living costs and tuition for your first year of studies, and return transportation without working in Canada because:

a. You have not provided documents to demonstrate the relationship between yourself and your sponsor(other than your parents)
b. You have not satisfactorily demonstrated that your sponsor will provide adequate support to cover the cost of your studies.
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My uncle, who has the green card, was used as a sponsor for my studies. We showed the tuition fees($11,730) + accommodation fees($9000+) for a total of $21,130 in his bank account. I also included a affidavit of support from him, his bank statements for the past 6 months, his tax returns and a copy of his green card. I included my acceptance letter, my middle school diploma, my high school diploma and my high school transcripts. Since I studied in New York for 10 years, I was not required to take the IELTS or any other examinations. So I did not include that. I also included a FBI clearance certificate and immunization documents. Since I went through VFS, I also completed all their documents as well, indicating my mother's occupation details and my uncle's occupation details.

So, what exactly did I do wrong? Is there a chance for me to reapply with additional documents(what kind?) and get the student visa? My semester starts January 11. So I have to be in Canada by then. I cannot live in India either since I'm used to the western culture and there is no possible way for me to survive here.

Any suggestions or help will be greatly appreciated. Thanks for reading.
 
This is basically what resulted in your visa denial. The consul correctly so determined you have no strong ties to India. 3 months is not enough time, even in your country of birth, to establish strong financial and social ties. I would advise you to apply again next year after establishing such ties.

ak3019 said:
I came back to India on August 25, 2009. So I stayed in New York from July 1999 to August 2009.

1. You have not satisfied me that you will leave Canada by the end of the period authorized for your stay because:

a. You have not demonstrated that you are sufficiently well established in your country of residence.
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Come on. I am pretty confident that in a large metropolis like New Delhi or Bombay, you would survive!!!

ak3019 said:
I cannot live in India either since I'm used to the western culture and there is no possible way for me to survive here.
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Thanks for your reply.

Is there no other way to establish strong ties in India? I did live here for 12 years before moving to New York and hold a Indian passport.

To establish ties in India, could I use my uncle(father's sister's husband) as a legal guardian here and prove that he will be able to support me when I complete my 9 month course in Canada?
 
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You were born in 1987, right? That makes you an adult. Adults do not have legal guardians.

I'll try to put my point across one more time. In the eyes of the Canadian consul who adjudicated your student visa application, you are a 21/22 year old adult. An Indian citizen with around 3-4 months of residential ties to India. You do not possess permanent resident status anywhere else. You do not have strong social and financial ties to India. There is nothing on paper that even hints that you will come back to India after your 9 month course in Canada. What is stopping you from not overstaying your student visa in Canada?

Now, let us look at it from a different angle. Suppose you get your Canadian visa. You go there for 9 months and complete your education. Once your 9 months are up, what will you do? You cannot go to the US on H-4. You do not want to live in India, your words, not mine. So what will you do? Stay back in Canada? If you do just that, you have just proven the Canadian consul's suspicion!!!

Would you agree?


ak3019 said:
To establish ties in India, could I use my uncle(father's sister's husband) as a legal guardian here and prove that he will be able to support me when I complete my 9 month course in Canada?

I can survive here, but I just don't want to. My developmental age was in America and strangely enough, I consider myself American more than an Indian.
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1986, actually.

I completely understand what you are saying. I'm just hoping there could be some other way to work around this problem or if it is at all feasible to do so.

What would you recommend I do?
 
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Delay your education by one year. Work in India and create those very important social/financial ties. After a year has passed, re-apply for your Canadian student visa. I am not trying to dampen you in any form or shape, just being very practical about it.

ak3019 said:
What would you recommend I do?
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The problem is that I don't have a degree. I was working towards my bachelors in Computer Science before I had to leave America. So I dont really have much experience/knowledge/interest in that field. What exactly am I supposed to do? Where am I going to get a job? I was just basically counting the days until I get my visa. Now, I can't even do that.

Sorry to bore you with my life issues. Thanks again for you help and advice. I'll try to see what I can do.
 
Why can't you apply for a student's visa to the US and try to get into the country where you spent most of your life?
 
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