Renew Study Permit Or Spousal Visa?

[vancouver_girl]

Ok so I have a few burning questions that I can't seem to find the answers to anywhere.

My fiance has been in Canada since 2010 on a study permit. He wasn't in school for two semesters but will be starting again in September. His study permit expires in January and we are worried they might not renew it because of the two semesters that he hasn't been in school and instead taking language courses

We are also going to get married in a weeks time and start the spousal visa process to get his PR. Currently on the website it says that it will take around 18 months for the application to be processed.

My main question is that since we will be in the process of getting his spousal visa, in case his study permit is rejected, can he still continue to study since we will be in the process of obtaining the spousal visa?

 

[zooniesidhu1509]

i think you he should renew his study permit for nex two years .....so that he has a valid visa status....otherwise if his status expires he will have to leave canada but he can live in canada until 3 months after his visa and study permit expires.....try for the extension....but he should be attending school the nex sem prior to wich his visa is expiring

 

[Inam89]

Ok so I have a few burning questions that I can't seem to find the answers to anywhere.
My fiance has been in Canada since 2010 on a study permit. He wasn't in school for two semesters but will be starting again in September. His study permit expires in January and we are worried they might not renew it because of the two semesters that he hasn't been in school and instead taking language courses
We are also going to get married in a weeks time and start the spousal visa process to get his PR. Currently on the website it says that it will take around 18 months for the application to be processed.
My main question is that since we will be in the process of getting his spousal visa, in case his study permit is rejected, can he still continue to study since we will be in the process of obtaining the spousal visa?

1. If his study permits expires and he doesn't apply for a renewal, then he is not allowed to work or study unless you receive a letter of approval of your sponsorship. This letter is issued by CIC before all medical, security and background checks and interviews, so it will arrive in lesser time.

2. It is advised to him that he should renew his study permit so that he can continue his studies without any delays.

3. It is no longer required for your spouse to have legal immigration status provided that they have an eligible sponsor (you).

Read this guide, it will answer all your questions: http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp

Quote: "As a general practice, we (CIC) will advise applicants in writing when they are eligible to apply for a work or study permit. However, if an applicant already holds a work or study permit and wants to maintain his or her temporary resident status, the applicant may apply to extend his or her status before receiving our letter. Regardless of whether the application is submitted before or after receiving our letter, refer to the guides for Applying to Change Conditions or Extend Your Stay in Canada. These guides may be obtained by visiting our website or by contacting the Call Centre.
If the applicant already has a permit, he or she may continue to work or study as long as the permit is valid. It is illegal to work or study without authorization from Citizenship and Immigration Canada."

 

[vancouver_girl]

thanks for the help

another question. If his study permit gets rejected, can he still stay in canada while we go through the spousal visa process?

 

[Inam89]

thanks for the help

another question. If his study permit gets rejected, can he still stay in canada while we go through the spousal visa process?

Yes, he can stay in Canada until and unless the decision on your spouse visa is reached. If your spouse's or common‑law partner's application is refused then your spouse or common-law partner must leave Canada immediately if he does not have valid study or work permit.