Applied for Federal Skill Worker but now in Canada with Study Permit

[HalifaxPR]

Hi Everyone,

I am hoping to get some idea for this scenario.

-Applied for Immigration to Canada under Federal Skill Worker (2 years ago)
-In the mean while got my study permit and now studying in Canada.
-Immigration wants updated document for the immigration application.
-I explained the situation to them however they said it's up to me if i want to continue pursing the application or not.

My question is should can i even purse this application now that my situation has changed and i am in Canada under study permit?

Any help will be greatly appreciated

Thanks,

SR

[computergeek]

A study permit is a temporary resident permit, not a permanent one.  Canada allows "dual intent", which means you can be in Canada temporarily while pursuing an application for permanent residency.

If you qualify for permanent residency as a skilled worker (and presumably you've already been vetted for qualification to make it two years into the process) then you can continue that process even while in Canada on a temporary permit.

You don't mention what documents they requested, but I assume they are asking for medicals, updated police and the Right of Permanent Residence Fee?  If that's the case, were I in your shoes I'd get my medical, update my police report and pay the $490.  If everything comes back clear with those things, then you will be granted permanent residence.  As a permanent resident, you won't NEED a study permit (you can just continue your studies as a Canadian resident) and you won't need to pay foreign student fees.

If you choose to withdraw your PR application and then later decide you want to remain in Canada permanently, you will need to reapply - include paying the application fee, collecting all the paperwork, etc.  You will STILL need to have medicals, police clearance and pay the RPRF.

So, my question back to you would be: why would you want to withdraw your application when you are on the verge of completing the process?

[HalifaxPR]

Thank you for the reply.
I intend to continue pursing the application however just wasn't aware of dual intent so i appreciate the clarification there.

I wish they had asked for those last few documents (medical, RPRF etc) however what they actually requested are update to old documents like:
 
New Application for Permanent Residence IMM0008 form for the principal applicant
New Schedule A/Background Declaration form for yourself and each family member over the age of 18
New Schedule 3 Federal Skilled Worker form

Not sure how long it will take from here onwards.

[computergeek]

Dual Intent: http://www.cic.gc.ca/english/study/institutions/intent.asp

Indeed, if they're just asking for updated application forms that does say they aren't as far along as one would hope at this point.  Still, if you passed the FSW bar previously, you should be fine, even if you're currently in school (if anything, more schooling would logically make you even more likely to find a job and settle well into Canada. Sadly, immigration policy is not well-based in logic in my experience.)

Have you requested CAIPS/GSSM notes for your file?  If not, I'd suggest doing so.  Because you are in Canada anyway, there is no charge for it and it will provide you with details about what they have done on your file.  See http://www.cic.gc.ca/english/pdf/kits/forms/IMM5563E.pdf for the form.   Normally, it takes around 6 weeks to obtain the notes.  So, for the cost of a postage stamp you can ask for updates on your file every 6-8 weeks and see where they are with your file.

Remember that when you finish your degree, you may also qualify for a post-education work permit: http://www.cic.gc.ca/english/study/work-postgrad.asp.  If you qualify, this would give you an open work permit to work in Canada.   And again, you can pursue PR while you are in country temporarily working on a work permit.