Study permit while waiting for removal order

[Akhenatonbta]

Hello,

Can I apply for a study permit while I waiting for removal from an abandonment of refugee claim? I have already the letter of admission and everything, but I don't know if I get a study permit that cancel the removal and can I stay as a student.

 

[canuck78]

Hello,

Can I apply for a study permit while I waiting for removal from an abandonment of refugee claim? I have already the letter of admission and everything, but I don't know if I get a study permit that cancel the removal and can I stay as a student.

You can certainly apply but whether you permit will be approved is the bigger issue. The chances of approval are low but you can certainly try.

 

[Akhenatonbta]

You can certainly apply but whether you permit will be approved is the bigger issue. The chances of approval are low but you can certainly try.

But supposing it is approved, will my status change? the removal order is canceled? or what will happen?

 

[scylla]

Hello,

Can I apply for a study permit while I waiting for removal from an abandonment of refugee claim? I have already the letter of admission and everything, but I don't know if I get a study permit that cancel the removal and can I stay as a student.

It's a non-starter since you're in Canada without status and the study permit application needs to be sent outside of Canada. You can't fix your status this way.

Recommend you leave Canada rather than waiting for the removal order and then try applying for the study permit from outside of Canada.

 

[Akhenatonbta]

It's a non-starter since you're in Canada without status and the study permit application needs to be sent outside of Canada. You can't fix your status this way.

Recommend you leave Canada rather than waiting for the removal order and then try applying for the study permit from outside of Canada.

But what about if I got married to a PR holder in Canada?

 

[scylla]

But what about if I got married to a PR holder in Canada?

That has nothing to do with the study permit.

Getting married won't stop removal.

You would need to get married with the PR holder and the PR holder would need to sponsor you for PR using the inland route. This still won't stop removal automatically. If your application is far enough down the processing path by the time CBSA looks to remove you, then it might stop it.

 

[Akhenatonbta]

That has nothing to do with the study permit.

Getting married won't stop removal.

You would need to get married with the PR holder and the PR holder would need to sponsor you for PR using the inland route. This still won't stop removal automatically. If your application is far enough down the processing path by the time CBSA looks to remove you, then it might stop it.

Ok thank you for your answers. I have one more. If I get my study permit, I could leave out Canada and come back in one or two months as I had a study permit and I will be waiting for PR, or it will be difficult to come back despite of SP and PR in process.

 

[Akhenatonbta]

That has nothing to do with the study permit.

Getting married won't stop removal.

You would need to get married with the PR holder and the PR holder would need to sponsor you for PR using the inland route. This still won't stop removal automatically. If your application is far enough down the processing path by the time CBSA looks to remove you, then it might stop it.

I could comply with the removal order and come back as a student and PR in process. I had a multiple visas for ten years, I don't know if I will get my passport back and then could come back under the other circumstances. Thanks in advance for your reply.

 

[scylla]

Ok thank you for your answers. I have one more. If I get my study permit, I could leave out Canada and come back in one or two months as I had a study permit and I will be waiting for PR, or it will be difficult to come back despite of SP and PR in process.

I don't think there's any chance the study permit will be approved if you're in Canada without status.

Plus - you need a passport to apply which I assume you don't have and you won't get back until you leave Canada.

 

[scylla]

I could comply with the removal order and come back as a student and PR in process. I had a multiple visas for ten years, I don't know if I will get my passport back and then could come back under the other circumstances. Thanks in advance for your reply.

The multiple TRV has most likely been canceled. This is normally what happens as a result of a refugee claim.

 

[Akhenatonbta]

I don't think there's any chance the study permit will be approved if you're in Canada without status.

Plus - you need a passport to apply which I assume you don't have and you won't get back until you leave Canada.

Yes, but I am going to apply online. I have my passport scanned. I will send that copy scanned. On the other hand, I will apply for my study permit as a spouse of a Permanent resident inside Canada, so... I don't know. When I registered on the system, gave all my data and followed the options, the system said I could apply online. so i don't know

 

[Copingwithlife]

Yes, but I am going to apply online. I have my passport scanned. I will send that copy scanned. On the other hand, I will apply for my study permit as a spouse of a Permanent resident inside Canada, so... I don't know. When I registered on the system, gave all my data and followed the options, the system said I could apply online. so i don't know

Of course the system said you could apply, it’s just that , a system . Until a human being has a look at your application, then more than likely you’ll run into a bump

 

[Akhenatonbta]

Of course the system said you could apply, it’s just that , a system . Until a human being has a look at your application, then more than likely you’ll run into a bump

Yes, but I think, there is a good chance, but I don't know. I am not breaking any law, my marriage is legitimate with a child born here, I will bring funds outside Canada to pay the college, I am waiting for my PR for almost 1 year( medical results received). I don't know, I think there is a good chance.

 

[scylla]

Yes, but I think, there is a good chance, but I don't know. I am not breaking any law, my marriage is legitimate with a child born here, I will bring funds outside Canada to pay the college, I am waiting for my PR for almost 1 year( medical results received). I don't know, I think there is a little chance.

IMO extremely low chance a study permit will be approved. To be approved, you must show you have strong ties to your home country and have no plans on remaining in Canada long term. Your profile shows the opposite: already in Canada, withdrawn refugee claim, child and partner in Canada. I think it will be extremely difficult for you to prove ties to your home country and convince IRCC you have no plans to stay here. But you can certainly try.

 

[Akhenatonbta]

IMO extremely low chance a study permit will be approved. To be approved, you must show you have strong ties to your home country and have no plans on remaining in Canada long term. Your profile shows the opposite: already in Canada, withdrawn refugee claim, child and partner in Canada. I think it will be extremely difficult for you to prove ties to your home country and convince IRCC you have no plans to stay here. But you can certainly try.

Here I disagree with you. What you said doesn't apply for me since I will be doing an application inside Canada. If you read the act of migration, there are some exceptions, and one of them is about ties in Canada. Obviously, I will be here because I am waiting for a PR. Officer will have to apply that exception because are stated on the act(it is the law), so that's why i think there is a good chance, but I don't know. That's why I am asking here. Second opinion.

• 216 (1) Subject to subsections (2) and (3), an officer shall issue a study permit to a foreign national if, following an examination, it is established that the foreign national
  
  • (a) applied for it in accordance with this Part;
    
    
  • (b) will leave Canada by the end of the period authorized for their stay under Division 2 of Part 9;
    
    
  • (c) meets the requirements of this Part;
    
    
  • (d) meets the requirements of subsections 30(2) and (3), if they must submit to a medical examination under paragraph 16(2)(b) of the Act; and
    
    
  • (e) has been accepted to undertake a program of study at a designated learning institution.
    
• Marginal note:Exception
  
  (2) Paragraph (1)(b) does not apply to persons described in section 206 and paragraphs 207(c) and (d).