Dear Qorax....Plz Help me

[haroon512]

Dear Qorax and all the senior members,

I have a small query to ask from all of you guys. I am an October 2009 Applicant and submitted my full documents to CHC London on 5th May, 2010 and received my second AOR on 22nd August.

Just looking at the current scenario in CHC London i dont think that i would be able to get into canada before 2012. I have an admission letter in Canadian university and my classes will be started in september 2011.

I just need your advise that should i apply for a student visa while my immigration is in process (ECAS status is RBVO).Would it have any impact on my immigration application. ?? Actually i dont want to waste another year that's why i wanted to get in to the university in this year.

Thanks and Best Regards

[Hiprashant]

hi,
May be I am wrong...but what I think is it may raise a question on your intention to serve to Canadian labor market as a skilled worker for which yr application has been received.

pls expect '' to the point'' answer frm Qorax, our seniorest.

[Pippin]

I doubt anyone would think it unusual that a new immigrant should want to improve his Canadian adaptability by enrolling in University.  You are free to work/study/raise a family once you get PR.  I think the greater challenge would be to get the Student Visa and prove "Ties to your country and desire to return to your country when your studies finish" if you are not granted PR.  The cost of attending Uni as an International Student would be substantially more than if you had PR, which may or may not be a personal consideration.

[pearl2010]

hi haroon512,

found this in cic website..

Dual intent
Purpose
To clarify communication and operations in the study permit process with respect to the concept of “dual intent” by:

Defining “dual intent';

Reaffirming that a study permit will not be refused based on “dual intent'; and
Clarifying what steps a student must take in the application process.

Operations related to processing study permits
A person's desire to apply for permanent residence before or during the period of study in Canada may be legitimate. An officer should distinguish between a bona fide applicant and an applicant who has no intention of leaving Canada if the application for permanent residency is refused.

Pls read this link
http://www.cic.gc.ca/english/study/institutions/intent.asp

Regards
pearl2010

[qorax]

Dear Qorax and all the senior members,

I have a small query to ask from all of you guys. I am an October 2009 Applicant and submitted my full documents to CHC London on 5th May, 2010 and received my second AOR on 22nd August.

Just looking at the current scenario in CHC London i dont think that i would be able to get into canada before 2012. I have an admission letter in Canadian university and my classes will be started in september 2011.

I just need your advise that should i apply for a student visa while my immigration is in process (ECAS status is RBVO).Would it have any impact on my immigration application. ?? Actually i dont want to waste another year that's why i wanted to get in to the university in this year.

Thanks and Best Regards

Hi,

As Pearl rightfully adviced - CIC doesn't stop us from applying a Study Permit while a PR Apps is under processing. However, all being in good faith, it actually is a tough nut to crack - the 'dual intent' issue... invariably CIC either disallows such apps [during the PR process] or indeterminately delays them. Much remains with our systematic justification/s, alongwith suitable & indepth documentation, to override their premonitation of 'not returning' after the completion of the program. Which is not easy.

____________________________________________________________________________________
Operations related to processing study permits

A person's desire to apply for permanent residence before or during the period of study in Canada may be legitimate. An officer should distinguish between a bona fide applicant and an applicant who has no intention of leaving Canada if the application for permanent residency is refused.

In determining bona fides, as defined by CIC's Overseas Processing Manual, Chapter 12, Section 5.15, all students must be assessed by officers on an individual basis; refusals of non-bona fide students may only withstand legal challenge when the refusal is based on the information related to the specific case before an officer. Therefore, while cultural context or historical migration patterns of a client group may be a contributing factor to the decision-making process, they alone are not valid, legally tenable grounds for refusal on bona fides.

If an officer has concerns/doubts about the applicant's bona fides, the applicant must be made aware of these concerns and given an opportunity to refute them.

The onus, as always, remains on the applicant to establish that they are a bona fide temporary resident who will leave Canada by the end of the period authorized for their stay pursuant to IRPA Regulations 216(1)(b) which, absent any extensions, will normally be following the completion of their studies and the expiry of their study permit pursuant to IRPA Regulation 183(4)(b).
____________________________________________________________________________________

Your best bet:
In my opinion, as u already have the Univ's Admit Papers - draft a suave letter asking your VO to compassionately consider your case & apply personal jurispudence to let u in, in time, for the course of study - which could assist u & the nation in long-term successful settlement of yours. Ask them also, if the process is getting stretched beyond the admission deadline, u might resort to move a separate apps for Study Permit; & seek their advice. Probably, that'd solicit some beneficial action, if not a positive reply as to how to go about it.

Qorax

[yukon]

Although this is a bit out of context, but if it helps I recently got my B1/B2 visa (tourist) for USA renewed without any problem, although I have a pending I-130 (F4) Immigration application pending with USCIS/NVC. (same dual intent applies here too).

Basically what it means is that the dual intent thing is not definitive to your application but it is discretionary based on facts available with the VO at hand. Just be truthful with your papers & explanations during the Visa interview.

[pearl2010]

wow!!! compliments from Qorax...Thank you General!!!

[SATDXB]

hi haroon512,

found this in cic website..

Dual intent
Purpose
To clarify communication and operations in the study permit process with respect to the concept of “dual intent” by:

Defining “dual intent';

Reaffirming that a study permit will not be refused based on “dual intent'; and
Clarifying what steps a student must take in the application process.

Operations related to processing study permits
A person's desire to apply for permanent residence before or during the period of study in Canada may be legitimate. An officer should distinguish between a bona fide applicant and an applicant who has no intention of leaving Canada if the application for permanent residency is refused.

Pls read this link
http://www.cic.gc.ca/english/study/institutions/intent.asp

Regards
pearl2010

+1 for you mate.

Cheers..

[pearl2010]

Thank u SATXB

+1 for you mate.

Cheers..