Hello, seniors, I need your help!!!
I am a FSW Cat 3 applicant who is currently in a graduate program. My study permit is valid until 2012 but I am planning to leave school and wait for my PR app to go through. I was told I can stay in Canada until my study permit expires in 2012, whether I'm enrolled in school or not, that is, I can stay LEGALLY in Canada as long as my study permit is valid. Is that true? I'm sure my PR application will be finalized before 2012. Any risk involved in this? Any comments will be appreciated!
Theoretically, yes you can. However, you need to take the following in your consideration:
People who have a valid study permit must be studying during their stay in canada except in the scheduled school break, and if the school informs immigration canada that you are not attending, your legal status will be suspended and your study permit will be revoked, and you will be asked to leave the country.
If your school, did not inform immigration canada about your status, you would stay legally in the country until the expiry date of your study permit which is not going to be extended under any circumstances because you will have no proof of attending any school during the last 2 semesters at least.
When you apply under category 3, you will have to be attending any school at the time of your application, and Buffalo visa office is going to ask you for an updated documents for your current attendence to the school in a later stage for 2 reasons; the first is that you have to meet the requirments at least until they make their assessment at the visa office and not only at the CIO, the second is related to the background checks which will make them ask you for the proof of attendence from your school later, tuition fees receipts...etc, in order for them to know what have you been doing in canada exactly during that period of time.
one of the documents they might ask for it later is the T220 tax return assessment from canada revenue agency to make sure that you have been studying and paying your tuition fees, so it will be either an updated proof of enrolment or the t220 document.
a prospective result of the above situation( because of the lack of the updated documents), might lead to deep background checks on your application which can further delay the processing time to exceed the expiry date of your legal status in canada, so that you will not be able to send them a proof of extending your status after the expiry date.
I personally do not recommend you to do so, think deeply and wisely before you make this step because you might lose everything and be banned from entering canada not only the permanent residence application.
Those people (the immigration officers) are not easy, so do not try to play with them.