Spousal Class within Canada, need advice

[k.h.p.]

Yes, it would, as would your continued stay in Canada once you stopped classes.

 

[Blueface]

Ok - that's good. In that case I would recommend that you apply to change your status to visitor asap. Study permits are typically canceled by IRCC once you have stopped attending school for more than 90 days. You should be OK if you were still in school in December. However I'd apply to change your status right now - don't wait and risk ending up out of status.

Hey

I just met a lawyer, and she told me if I apply for permanent residency with the open work permit I get the implied status till a decision is made on my work permit application. So just confirming if still need to extend my study permit or get a visitor record before I file for it?

 

[k.h.p.]

Hey

I just met a lawyer, and she told me if I apply for permanent residency with the open work permit I get the implied status till a decision is made on my work permit application. So just confirming if still need to extend my study permit or get a visitor record before I file for it?

Your lawyer should also have told you that you are only eligible for the open work permit if you have a valid status at the time you apply. If you're out of status when you apply, you are not eligible for the OWP, and you have no implied status.

 

[Blueface]

Your lawyer should also have told you that you are only eligible for the open work permit if you have a valid status at the time you apply. If you're out of status when you apply, you are not eligible for the OWP, and you have no implied status.

Yes she actually did say that. And I would be applying for PR with OWP before the expiry of my current status. Does that give me implied status till a decision is made on my work permit application?

Thanks

 

[k.h.p.]

Yes she actually did say that. And I would be applying for PR with OWP before the expiry of my current status. Does that give me implied status till a decision is made on my work permit application?

Thanks

Are you confident that you still have status?

 

[Blueface]

Are you confident that you still have status?

Yes well the immigration document tells me when it's expiring. Shouldn't I be under status till then? How can I check that?

I also contacted my school and they said that they can issue me an enrolment letter to get my study permit extended beyond the expiry date. Does that mean anything (in regards of my status)? I'm not sure

 

[k.h.p.]

Yes well the immigration document tells me when it's expiring. Shouldn't I be under status till then? How can I check that?

I also contacted my school and they said that they can issue me an enrolment letter to get my study permit extended beyond the expiry date. Does that mean anything? I'm not sure

Your study permit expires once you stop attending classes - no matter what is said on the permit itself. You need to be confident that you are in status since you have stopped attending classes in December. It's not clear to me when status expires if you drop out of classes (or "pause" or anything other than an approved leave from an institution) and rather than having your application returned because you were out of status, I think you need to do the following in order:

1. Ascertain if you still have a valid status or not
2. If not, apply to reinstate status.
3. If you have status now, determine if the status needs to change or be extended.
4. Once you are confident you have status, apply for inland+OWP.

If you apply for OWP without status, it will be rejected and you will have no implied status. Since you've stopped taking classes, it's imperative to be confident you currently have status through some operation of the regulations. Once you are confident you have a valid status, then of course you can apply for and OWP.

 

[Blueface]

Your study permit expires once you stop attending classes - no matter what is said on the permit itself. You need to be confident that you are in status since you have stopped attending classes in December. It's not clear to me when status expires if you drop out of classes (or "pause" or anything other than an approved leave from an institution) and rather than having your application returned because you were out of status, I think you need to do the following in order:

1. Ascertain if you still have a valid status or not
2. If not, apply to reinstate status.
3. If you have status now, determine if the status needs to change or be extended.
4. Once you are confident you have status, apply for inland+OWP.

If you apply for OWP without status, it will be rejected and you will have no implied status. Since you've stopped taking classes, it's imperative to be confident you currently have status through some operation of the regulations. Once you are confident you have a valid status, then of course you can apply for and OWP.

Thank you.

Also, how can check if I am still in status or not? Like I mentioned above, I applied for the enrolment letter from my school and they're good to issue me one. Does that mean anything in regards to my status?

 

[k.h.p.]

Thank you.

Also, how can check if I am still in status or not? Like I mentioned above, I applied for the enrolment letter from my school and they're good to issue me one. Does that mean anything in regards to my status?

How is your school issuing you an enrollment letter when you've dropped out? Have you registered for more classes next semester? Have they approved you being on some sort of leave?

If they can confirm that you are still a student actively pursuing your studies, then you don't need to worry. However, if they've already reported you as not attending classes, your permit is already expired.

 

[Blueface]

How is your school issuing you an enrollment letter when you've dropped out? Have you registered for more classes next semester? Have they approved you being on some sort of leave?

If they can confirm that you are still a student actively pursuing your studies, then you don't need to worry. However, if they've already reported you as not attending classes, your permit is already expired.

Well they told me that I'm under academic probation and they sent me a letter online which states that I can start my studies again in Fall 2019, and they can issue me an enrolment letter so that I can get my study permit extended. I'm just not sure if I need to do that. As you mentioned I might not be in status right now, I just need to make sure that I am, and just apply for PR with OWP. I'm also not sure how to check that either.

 

[k.h.p.]

You need to ask them if they've reported you to CIC as no longer attending classes. That would tell you if they have reported you as not being in status. If they are offering you an enrollment letter to apply for changes to your status - do you actually intend to register in classes in the fall?

 

[k.h.p.]

For example, a university in Ontario says this about academic probation:

One of the conditions is that they will enrol in and stay enrolled in school. The University of Ontario Institute of Technology is required to report on the enrolment status of its international students to Immigration, Refugees and Citizenship Canada (IRCC). When students are placed on academic suspension, they are no longer enrolled and cannot apply for re-admission to the university for at least two semesters (see the university's Academic Regulations for details on probation and suspension policies). The university will report your academic suspension status to IRCC.

Students who go on academic suspension are at risk of failing to comply with R220.1(1) since suspension means they are not enrolled for at least two semesters. Students who are on probation and facing suspension should contact iss@uoit.ca and schedule an appointment to discuss their immigration options.

 

[Blueface]

You need to ask them if they've reported you to CIC as no longer attending classes. That would tell you if they have reported you as not being in status. If they are offering you an enrollment letter to apply for changes to your status - do you actually intend to register in classes in the fall?

I will contact my college about this. But is there any other way to know my status for sure, probably directly from Immigration or any responsible authorities.

Thanks

 

[k.h.p.]

If your university has already reported you to CIC as no longer enrolled, your status ended when you ceased to comply with your student visa. From that point, it may have been 90 days from when you stopped attending classes until your permit expired (although, it could have been the day you were no longer attending classes, I'm not sure, regulations are unclear to me).

So, if your university has already reported the date you stopped attending classes, the time for your status to expire has started ticking. If you can get an application in during the time your status is still valid (and again, I'm not sure when that is) you may be eligible for OWP.

If you instead have an enrollment letter issued, apply for visa extension or change the terms of your admission based on that enrollment letter, and do not actually intend to attend classes again, you will be misrepresenting yourself, which is dangerous.

TL;DR: talk to your school's international student office. They are the ones best positioned to tell you your institution's CIC reporting policy and how they may have reported your status, and to give you options to ensure that you have status.

 

[k.h.p.]

I will contact my college about this. But is there any other way to know my status for sure, probably directly from Immigration or any responsible authorities.

Thanks

Talking to CIC about whether or not your status is valid is absolutely, 100% the best way to ensure that if you have an invalid status, they become aware of it and start to take removal actions.

DLIs are the ones that report validity of status to CIC. CIC requires schools to report on their international students. CIC will only tell you what information they've received from your school.

If you phone up CIC and tell them you are suspended and are inquiring to see if you are in status or not, they will likely tell you that your visa expires when you stop taking classes - and that the school reports when this happens. Beyond that, if you are out of status, they will now be aware and will do what they need to do to ensure that you leave the country if you have no valid status.