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Study permit extension but would like to defer

approvalplease

Star Member
Jun 20, 2023
166
18
Good day,

context: finished one program in august. Applied for study permit ext and SOWP ext for January start
What happens if the 150 days have passed, I worked during that period, but I want to defer till another semester.


what are the implications? What should I be aware of?
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
Good day,

context: finished one program in august. Applied for study permit ext and SOWP ext for January start
What happens if the 150 days have passed, I worked during that period, but I want to defer till another semester.


what are the implications? What should I be aware of?
You would have worked illegally and could be denied PGWP. Assume you have stopped working since you did not return to school.
 

approvalplease

Star Member
Jun 20, 2023
166
18
Spouse has not but study permit holder has
You would have worked illegally and could be denied PGWP. Assume you have stopped working since you did not return to school.
Student attended one or two classes so the deferral would be after Starting classes…
Does that help
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
Spouse has not but study permit holder has


Student attended one or two classes so the deferral would be after Starting classes…
Does that help
If your wife is working she needs to stop. Attending a few classes and deferring does not count as becoming a student.
 

approvalplease

Star Member
Jun 20, 2023
166
18
I told her that so she has actively resumed participation in classes. I am considering withdrawing her though bcz its non pgwp dli.. I think we are better off leaving and applying for gts lmia from outside and then come back
If your wife is working she needs to stop. Attending a few classes and deferring does not count as becoming a student.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
I told her that so she has actively resumed participation in classes. I am considering withdrawing her though bcz its non pgwp dli.. I think we are better off leaving and applying for gts lmia from outside and then come back
She missed many weeks of class at that point probably. How will she catch up. Are you sure the school will allow her to study given multiple weeks of absence?
 
Oct 20, 2023
38
4
Good day,

context: finished one program in august. Applied for study permit ext and SOWP ext for January start
What happens if the 150 days have passed, I worked during that period, but I want to defer till another semester.


what are the implications? What should I be aware of?
SOL , you and your spouse unfortunately are in breach of IRPA (immigration rules), and wont be able to return into status as you said LMIA route looks best for you scenario
 

approvalplease

Star Member
Jun 20, 2023
166
18
Technically no. She has marks and has been doing the major exams. Her attendance has just been low. But we wanted to defer studies at this point since she technically began her studies.
SOL , you and your spouse unfortunately are in breach of IRPA (immigration rules), and wont be able to return into status as you said LMIA route looks best for you scenario
 
Oct 20, 2023
38
4
Technically no. She has marks and has been doing the major exams. Her attendance has just been low. But we wanted to defer studies at this point since she technically began her studies.
correct, correct, got it, just make sure 150 days don't pass, as she will full out of status
https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/while-you-study/study-permit-conditions.html#s01.1
emphasis by IRCC is highlighted maximum of 150 days
 

approvalplease

Star Member
Jun 20, 2023
166
18
yeah she started back within 150 days. She finished in aug and started back in Jan. I was asking if we tried to defer or got another leave of 150 days if we would be breaching regulations.
correct, correct, got it, just make sure 150 days don't pass, as she will full out of status
https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/while-you-study/study-permit-conditions.html#s01.1
emphasis by IRCC is highlighted maximum of 150 days
 
Oct 20, 2023
38
4
no back to back leaves would be accepted, that makes the initial leave of 150 days rule useless, it is 150 days and no more! otherwise people would abuse the system and renew 150 days on 150 days , what would happen to those students out of status for lengthy periods, would they have 150 days back to back leaves for say if they were out of status for say 8 years, they would 150 150 150... so on for a 8 year period, cause there is some student out there out of status this long, i don't think this is how the policy was set out to be
 
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approvalplease

Star Member
Jun 20, 2023
166
18
no back to back leaves would be accepted, that makes the initial leave of 150 days rule useless, it is 150 days and no more! otherwise people would abuse the system and renew 150 days on 150 days , what would happen to those students out of status for lengthy periods, would they have 150 days back to back leaves for say if they were out of status for say 8 years, they would 150 150 150... so on for a 8 year period, cause there is some student out there out of status this long, i don't think this is how the policy was set out to be
What I am saying is the 150 days elapsed. She started school in January. It would not be back to back if she started school. In other words. The 150 day leave would be split apart due to her engaging in studies between them.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
What I am saying is the 150 days elapsed. She started school in January. It would not be back to back if she started school. In other words. The 150 day leave would be split apart due to her engaging in studies between them.
If she defers her studies then IRCC would not consider her a student. If she does not attend for the whole semester then she will breaking the rules. Not sure how she could even defer at this point in the semester.
 
Oct 20, 2023
38
4
What I am saying is the 150 days elapsed. She started school in January. It would not be back to back if she started school. In other words. The 150 day leave would be split apart due to her engaging in studies between them.
Man i think you doing too much you said "I worked during that period, but I want to defer till another semester. "

negatives here
150 days elapsed like you said BAD!
Worked during that period BAD!
Want to defer till another Sem BAD!

are you on mission to be inadmissible in Canada? are you planning to return home?

you certainly doing damage to your immigration thats forsureee!
 

approvalplease

Star Member
Jun 20, 2023
166
18
If she defers her studies then IRCC would not consider her a student. If she does not attend for the whole semester then she will breaking the rules. Not sure how she could even defer at this point in the semester.
So I am about to get a GTS LMIA. So that would be a new work permit that would not be tied to her. The principal foreign national rule shouldn't apply right? She should be able to get a work permit correct?