How to change spouse visa to any temporary resident visa

[CH1302]

Hello there,
I am on a spouse visa from India. My partner came on a study visa and I arrived in Canada last year October on spouse visa.

My partner has decided to break our marriage and asked me to go back to India.

I wanted to know what are the chances and ways to stay back in Canada. I don't want to go back to India due to social pressure and an unsuccessful marriage.

I have studied masters of Social work in India.
I have worked almost over 8months in Canada/Ontario in a warehouse and have paid my tax to the Canadian government.

Is there any way I can change my spouse visa to study visa or work visa?
waiting for an answer in anticipation, TIA

CH

 

[scylla]

Hello there,
I am on a spouse visa from India. My partner came on a study visa and I arrived in Canada last year October on spouse visa.

My partner has decided to break our marriage and asked me to go back to India.

I wanted to know what are the chances and ways to stay back in Canada. I don't want to go back to India due to social pressure and an unsuccessful marriage.

I have studied masters of Social work in India.
I have worked almost over 8months in Canada/Ontario in a warehouse and have paid my tax to the Canadian government.

Is there any way I can change my spouse visa to study visa or work visa?
waiting for an answer in anticipation, TIA

CH

What do you mean by a spouse visa? Are you referring to a spousal open work permit? If so, you can remain in Canada and continue working for as long as your work permit is valid.

If you want to switch to a new work permit, you will need a job offer from an employer in Canada and an approved LMIA from the employer so that you can apply for a closed work permit.

If you want to change to a study visa, you will need to start by applying and being accepted by a school in Canada. You will then need to apply for the study permit andshow you have at least $25,000 in savings to cover your tuition fee and living expenses. Note that it's too late to start for the fall term. Earliest you'd be able to start is the winter term (January).

 

[CH1302]

Thank you for your such a prompt reply,

yes, I am on a spousal open work permit visa, and my visa expires on 31st of August which is this month. I have booked my return tickets as well for 30th Aug. However, I am rethinking my decisions and take a chance to stay back in Canada.

As you suggested, My employer was ready for a new work permit, but a lawyer said for the approved LMIA they need to give advertisement in the newspaper that they need someone for the post which will not work for me as from my study background and other reasons, the pay has to be around $22 in the advertisement for the job. And the lawyer said that will not work in my favour as there might be other applicants. I still work there and I don't think I have more than 10 days now. Basically, my lawyer said that won't work.

About the study visa, I haven't got IELTS yet. And the private colleges who are happy to give me an admission, they said they don't guaranty that i will get a student visa from the Canadian immigration. I may lose around $10k if I pay the fees to that private college as it is non-refundable.

Is there any way, I can stay here on a student visa and study English that way I don't have to go through IELTS? It's just because I don't have time to do that. I am happy to move anywhere in Canada if I have to.

Some lawyers also said, if I go back to India and give IELTS there, and apply for study visa from there, I won't get a visa as I can't come back for over a year? Is that true? How long do I have to wait to apply for a Canadian study visa if I go back to India?

Hope to get answers soon,

TIA
CH

 

[scylla]

Thank you for your such a prompt reply,

yes, I am on a spousal open work permit visa, and my visa expires on 31st of August which is this month. I have booked my return tickets as well for 30th Aug. However, I am rethinking my decisions and take a chance to stay back in Canada.

As you suggested, My employer was ready for a new work permit, but a lawyer said for the approved LMIA they need to give advertisement in the newspaper that they need someone for the post which will not work for me as from my study background and other reasons, the pay has to be around $22 in the advertisement for the job. And the lawyer said that will not work in my favour as there might be other applicants. I still work there and I don't think I have more than 10 days now. Basically, my lawyer said that won't work.

About the study visa, I haven't got IELTS yet. And the private colleges who are happy to give me an admission, they said they don't guaranty that i will get a student visa from the Canadian immigration. I may lose around $10k if I pay the fees to that private college as it is non-refundable.

Is there any way, I can stay here on a student visa and study English that way I don't have to go through IELTS? It's just because I don't have time to do that. I am happy to move anywhere in Canada if I have to.

Some lawyers also said, if I go back to India and give IELTS there, and apply for study visa from there, I won't get a visa as I can't come back for over a year? Is that true? How long do I have to wait to apply for a Canadian study visa if I go back to India?

Hope to get answers soon,

TIA
CH

An LMIA takes 4-6 months to obtain. You don't have enough time to get an LMIA approved and apply for a new work permit given how soon your current work permit expires.

Private colleges are a very bad idea. They are expensive and offer a very low quality of education. Also, you will not qualify for a PGWP once you are finished your studies. And yes - many do not refund fees so if your study visa isn't approved, you will lose a lot of money.

There is a very high refusal rate for student visas for studying English since IRCC typically doens't think the applicants are genuine students but are just trying to find a way to get to Canada or stay in Canada. I would personally not go this route since the chances of refusal are so high.

If you want to remain in Canada after August 31, the only option I see is to apply to change your status to visitor. Of course you will have to stop working as soon as your work permit expires (i.e. September 1).

In my opinion the best option is to return to your home country and apply for a study permit from there for the January term. You should pick either a public college or university program - stay away from private colleges. Also, you need to make sure you pick a program that makes sense in light of your previous work experience and education. There is no need to wait a year. You can apply right away.

 

[CH1302]

Thank you very much, Scylla,

Just wondering if the public college or university accepts PTE rather IELTS? Also, what course would you suggest for study visa as my educational background is a Masters of Social work? what are my options?

If I apply to change my status to visitors, what is the process, how long does it take and what are the chances to convert it without refusal? how long can I get the visa for?

Is there any immigration agents or lawyers would you recommend and how much would it cost?

Sorry for so many questions. At this stage seems like you are the only person who is offering genuine advice.

TIA,

CH