Canada Student Spouse Visa Rejected: Next Steps

Canada student spousal visa can be rejected on various grounds. It can be challenging, but if you understand the reasons behind the decision, you can improve your chances in the future. In most cases, applicants have no clue, and they falsely blame the visa process, but there are definite reasons behind the refusal, so it is imperative to understand the reasons for the refusal of a spouse’s open work permit.

canada student spouse visa rejection reasons

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.

Next Steps After Student Spouse Visa Gets Rejected

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.

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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:

What should I do if my student spousal visa is rejected?

Carefully review the rejection letter or communicate with the immigration authority to understand the specific reason(s) for the refusal. You need to resubmit the application with additional documentation, clarification or rectification if you did any. It is also very helpful to seek help from an experienced immigration consultant and prepare a stronger application.

Can I appeal a student spouse visa rejection?

Yes, you can. However, the appeal process may vary depending on the country and immigration regulations.

  • Federal Court Appeal: If your application was processed outside Canada, you can appeal to the Federal Court of Canada. You’ll need legal representation for this process.
  • Immigration and Refugee Board (IRB) Appeal: If your application was processed within Canada, you can appeal to the Immigration Appeal Division (IAD) of the IRB. This applies if you are in Canada and your spouse is a student here.
  • Provincial Nominee Program (PNP) Appeals: Some provinces have their own appeal processes. Check if your situation falls under any provincial program.

How long do I have to wait before reapplying for a student spouse visa after rejection?

There is no fixed waiting period; it mostly depends on the specific circumstances and reasons for the refusal. It is advisable to wait, address the issues that led to the rejection, and gather sufficient documentation or evidence to support your application.

Can I apply for other kinds of visas if my student spouse visa is rejected?

Other visa or permit options are available depending on the eligibility criteria, work permits and intentions, and other factors.

  • Visitor Visa (Temporary Resident Visa, TRV): If your spouse plans to visit you for a temporary period, you may apply for a visitor visa. Be sure to address any reasons for previous rejection in your new application.
  • Other Visas: Depending on your circumstances, you may be eligible for other types of visas, such as work permits or permanent residency. Consult with an immigration professional to explore these options.

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.

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