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student visa application for canada from uk

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vimal.patel
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Joined: Thu Nov 26, 2015 10:21 am

student visa application for canada from uk

Post by vimal.patel » Thu Nov 26, 2015 12:14 pm

dear all members,
I have posted this quesion in canada forum as well, so i apologize if this is not good.

I am living in the uk for 9 years, settling in the UK becoming very hard due to immigration rules, I would like to study in Canada. Currently my visa application is ongoing in the UK and I don't hold any visa, my question is, can I apply for student visa from the UK ? or I need to go to India to apply for visa.
will they refuse my visa application, as I was overstayer in the UK ?

PLEASE COMMENT..
THANK YOU ALL

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: student visa application for canada from uk

Post by secret.simon » Thu Nov 26, 2015 4:09 pm

Have you completed 9 years of legal residence in the UK? Then you should be eligible for ILR (Long Residence) next year.

If you were illegal during your stay in the UK at any time, I would suggest applying to Canada from India.

The Canadian application process requires you to get a police certificate stating your criminal record and you may wish to look into getting that from the UK before you leave.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

vimal.patel
Newly Registered
Posts: 5
Joined: Thu Nov 26, 2015 10:21 am

Re: student visa application for canada from uk

Post by vimal.patel » Thu Nov 26, 2015 6:41 pm

Thank you for your help simon.
I am on judicial review as my previous application was refused without in country right of appeal.
I need to win JR in order to be eligible to get ILR. i HAVE seen few solicitors they says that the government need to meet their target for number of immigrant each year and therefore they will surely dismiss my judicial review application.
is only police clearance enough in order to get study visa for canada ? or need to show the full immigration history from the UK ?

please advise,

secret.simon
Moderator
Posts: 7245
Joined: Thu Feb 21, 2013 9:29 pm

Re: student visa application for canada from uk

Post by secret.simon » Sat Nov 28, 2015 12:15 am

vimal.patel wrote:I am on judicial review as my previous application was refused without in country right of appeal. I need to win JR in order to be eligible to get ILR
If you give us fuller details of the previous application, we could advise you on that.
vimal.patel wrote:they says that the government need to meet their target for number of immigrant each year
The government does not need to meet the target, it wants to. The government does not get sacked if they don't meet a self-imposed target. Indeed, if anything, they have missed it spectacularly in the past few years.

The UK abides by the rule of law and the law specifies the requirements to be met for specific categories of leave to be renewed. The current laws do not specify any numbers and therefore, if you meet the requirements, the government is obliged to give you either further or indefinite leave to remain.
vimal.patel wrote:they will surely dismiss my judicial review application.
The government does not control the judiciary in this country. The judge will review whether your application was decided according to the Rules and laws and can order the government to issue a visa if they think that you met the requirements.
vimal.patel wrote:is only police clearance enough in order to get study visa for canada ? or need to show the full immigration history from the UK ?
I know that police clearance is definitely required. There may be other requirements that I may be unaware of.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

vimal.patel
Newly Registered
Posts: 5
Joined: Thu Nov 26, 2015 10:21 am

Re: student visa application for canada from uk

Post by vimal.patel » Sat Nov 28, 2015 5:31 pm

secret.simon wrote:
vimal.patel wrote:I am on judicial review as my previous application was refused without in country right of appeal. I need to win JR in order to be eligible to get ILR
If you give us fuller details of the previous application, we could advise you on that.
I arrived in the uk IN oct-2006. then I had PSW visa and then tier-1 application was refused with appeal rigts. in March-2015 upper tribunal refused permission to the upper tribunal and then I made flr(fp) application. I have a family here. it was refused this month and now I am on JR.
please let me know..

vimal.patel wrote:they says that the government need to meet their target for number of immigrant each year
The government does not need to meet the target, it wants to. The government does not get sacked if they don't meet a self-imposed target. Indeed, if anything, they have missed it spectacularly in the past few years.

The UK abides by the rule of law and the law specifies the requirements to be met for specific categories of leave to be renewed. The current laws do not specify any numbers and therefore, if you meet the requirements, the government is obliged to give you either further or indefinite leave to remain.
vimal.patel wrote:they will surely dismiss my judicial review application.
The government does not control the judiciary in this country. The judge will review whether your application was decided according to the Rules and laws and can order the government to issue a visa if they think that you met the requirements.
vimal.patel wrote:is only police clearance enough in order to get study visa for canada ? or need to show the full immigration history from the UK ?
I know that police clearance is definitely required. There may be other requirements that I may be unaware of.

secret.simon
Moderator
Posts: 7245
Joined: Thu Feb 21, 2013 9:29 pm

Re: student visa application for canada from uk

Post by secret.simon » Sat Nov 28, 2015 5:35 pm

vimal.patel wrote:I arrived in the uk IN oct-2006. then I had PSW visa and then tier-1 application was refused with appeal rigts. in March-2015 upper tribunal refused permission to the upper tribunal and then I made flr(fp) application. I have a family here. it was refused this month and now I am on JR.
please let me know..
What Tier 1 application did you make? Tier 1 General, Extrepreneur, Investor, etc?

And what family do you have in the UK? Are any of them British citizens or settled in the UK (ILR)?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

vimal.patel
Newly Registered
Posts: 5
Joined: Thu Nov 26, 2015 10:21 am

Re: student visa application for canada from uk

Post by vimal.patel » Tue Dec 01, 2015 9:41 pm

secret.simon wrote:
vimal.patel wrote:I arrived in the uk IN oct-2006. then I had PSW visa and then tier-1 application was refused with appeal rigts. in March-2015 upper tribunal refused permission to the upper tribunal and then I made flr(fp) application. I have a family here. it was refused this month and now I am on JR.
please let me know..
What Tier 1 application did you make? Tier 1 General, Extrepreneur, Investor, etc?

And what family do you have in the UK? Are any of them British citizens or settled in the UK (ILR)?
Hi Simon,
It was tier-1 entrpreneur. I have 2 kids born here , 4 and 2 years old. none of us hold ILR or British.
please advise what option do I have.
thank you very much for your time.

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