Advice, Good, Bad & the Ridiculous!
I understand that people have questions about Canada Immigration that they research and want answers about. I also understand that Immigration Lawyers and Immigration Consultants and some well meaning answer questions as well. When the general public give their opinions on a question posted sometimes I will comment.
Immigration Lawyers and Immigration Consultants will answer questions sometimes to show off their intelligence in the hopes of possibly retaining a client from social media, especially during this COVID19 pandemic.
When an Immigration Lawyer or a Regulated Immigration Consultant answer questions that are wrong or RIDICULOUS I feel it is my duty to respond. Yesterday was such a day that I responded in my terse, blunt to the point style.
THE ORIGINAL QUESTION WAS FROM AN IMMIGRATION CONSULTANT;
CAN A PERSON UNDER A REFUGEE PROCESS IN THE USA APPLY FOR A STUDY PERMIT IN CANADA?
The question was intended to ask will that person who has applied to remain permanently in the USA with asylum because of their well founded fear of persecution by their govenment be able to OBTAIN a study permit for Canada? These people who seek refugee status in another country are afraid to return home for fear of their safety and life.
Canadian Immigration will accept everyones application for temporary residents in Canada as a Study Permit as long as the application includes processing fees. As soon as the application is received IRCC will deposit the applicants processing fees.
The first response to the question was from someone in Brazil who claimed they are an Immigration Lawyer,, Business Developer and a Realtor;
Health and we're going to make money I know
The second reply was from a Regulated Canadian Immigration Consultant (RCIC) from Manitoba who I have never personally met wrote.
Very difficult to convince an officer that the applicant would leave Canada at the end of their authorized stay in the event their US refugee claim was refused. In this scenario it appears the applicant knows their US claim is pretty weak and they're preparing for a plan B in Canada.
To me this is a logical response because a Study Permit is a TEMPORARY PERMIT. This Immigration Consultant views the actions of this person as one that is shopping around for any solution NOT to return home to their country of citizenship.
Another Immigration Consultant I have never personally met who is from Quebec wrote;
I agree ________, that was my opinion too. Thank you
At this stage there are two Regulated Canadian Immigration Consultants that agree with my opinion so I felt no reason to respond to the question.
Then another Regulated Canadian Immigration Consultant posted the following response;
Yes but depends on the admissibility factors.
This is a reply from RCIC Manoj Goswami. What does this reply imply. Does it imply that the Study Permit could be approved but it depends on admissibility factors? Rather vague! Is this Immigration Consultant holding out hope because he is so vague that a potential client may contact him?
Each time I see a response from an Immigration Consultant that seems illogical I check out their Linkedin profile. Let us look at this RCIC Manoj Goswami profile.
https://www.linkedin.com/in/manojcanada/
When one scrolls down it shows that Manoj graduated from a six month course offered by Ashton College in November of 2018 and that he did not actually become regualted by ICCRC until 11 months later in September of 2019.
Not even one year as a Regulated Canadian Immigration Consultant. A newbie but WAIT. Scroll back up.
RCIC Manoj Goswami profile starts off saying he is a Regulated Immigraation Consultant member of ICCRC since July 2016 to present or 4 years and 1 month.
Four years and one month experience or just nine months experience. Which is it?
Now there are two Immigration Consultants opinions I agree with so I decide to give Manoj Goswami post a pass because his response is not very clear and he is a rookie consultant.
Then comes the RIDICULOUS!
Then another RCIC Renata Kobek starts a reambling reply;
Without knowing the specific background of the candidate, one could only answer the direct question which is yes, they can, technically speaking, anyone can apply for a study permit, however, the potential success varies on whether they are eligible or not and whether you have significant evidence towards their return. Many apply for asylum due to misinformation, or poor guidance so I would ask what lead them to apply under such category to begin with.
Which ELIGBILITY requirements is this Immigration Consultant referring about? Funds to support their studies, language requirements, proof of no convictions, etc..They feared for their life, they are an adult, they made an asylum claim! What SIGNIFICANT EVIDENCE could an Immigration Consultant submit to convince an IRCC Officer that the temporary resident applicant would leave Canada at the end of their Study Permit? They sought to remain in the USA permanently!
Many apply due to misinformation or poor guidance does that make it okay? There were 87,290 refugee claims in 2019. What is RCIC Renata KOBEK definition of many? Is Immigration Consultant Renata KOBEK accusing many Immigration Lawyers and Immigration Consultants of making false asylum claims for their clients?
I knew when this applicant applies for a study permit in Canada from within the United States of America they would be required to state their current address and status in the USA.
Well I felt I had to reply as clearly and concisely as possible.
quote “Anyone can APPLY to go to the space station as well. If they are a resident of another country they can apply but would not be granted temporary status in Canada while they are seeking permanent status in another country under an asylum claim” unquote
I thought my reply would be the end ot Renata KOBEK comments. WRONG!
Immigration Consultant Renata Kobek came back with the following statement.
“That's inaccurate, depending on the motives behind the asylum request, they could cancel it and then apply for a study permit to Canada.”
She went on to state; “As for the space station comment, that's even more inaccurate as you "must" be a US Citizen or Resident".
Renata it is the INTERNATIONAL SPACE STATION and many Canadian’s and other foreign nationals have been to the space station!
Then the first Immigration Consultant from Manitoba replied to Renata post by asking the following;
Interesting,...How would you (as counsel) convince an officer in Canada that the applicant would return to their home country at the end of their authorized stay in Canada despite everything they swore as true in their US claim that detailed exactly why they could never return back to their home country?
Renata rabbles on so long NOT answering the question that she ran out of characters to respond. Then she responds again.
Renata KOBEK states there are some things that she did not learn ubtil her third or fourth year as a Immigration Consultant yet she posts that she has taken all of the required ICCRC courses which do not instruct her about IRB tribunals.
Well I have at least 35 years in the Immigration business so please do not accept my opinion. Read the whole comments back and forth for yourself and form your own opinion.
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Roy Kellogg
