Apply for a study permit with visitor status

[Calgary2014]

Hi,
My sister came to Canada 3 months ago as a visitor. She then started a language program at SAIT, Calgary which completing that is equivalent to IELTS 6 (the English requirement for SAIT). She needs to complete level 5 of the program to be granted the English requirement for her main program (Business Administration) which starts in Fall. Each level takes 2 months. She has already finished level 4 and level 5 will begin in a few weeks. Her admission for the Business Administration program is conditional to completing level 5 of the ELF program.
My question is: Can she apply for a study permit from within Canada now? or else, she has to wait to finish level 5 and then apply for a study permit?

 

[scylla]

Hi,
My sister came to Canada 3 months ago as a visitor. She then started a language program at SAIT, Calgary which completing that is equivalent to IELTS 6 (the English requirement for SAIT). She needs to complete level 5 of the program to be granted the English requirement for her main program (Business Administration) which starts in Fall. Each level takes 2 months. She has already finished level 4 and level 5 will begin in a few weeks. Her admission for the Business Administration program is conditional to completing level 5 of the ELF program.
My question is: Can she apply for a study permit from within Canada now? or else, she has to wait to finish level 5 and then apply for a study permit?

She can apply now if she has already been accepted into the program and has IELTS results with no single score below 5.5. Note that it tends to be more difficult to be approved if you are already in Canada as it's more difficult to demonstrate ties to your home country.

 

[canuck_in_uk]

Hi,
My sister came to Canada 3 months ago as a visitor. She then started a language program at SAIT, Calgary which completing that is equivalent to IELTS 6 (the English requirement for SAIT). She needs to complete level 5 of the program to be granted the English requirement for her main program (Business Administration) which starts in Fall. Each level takes 2 months. She has already finished level 4 and level 5 will begin in a few weeks. Her admission for the Business Administration program is conditional to completing level 5 of the ELF program.
My question is: Can she apply for a study permit from within Canada now? or else, she has to wait to finish level 5 and then apply for a study permit?

She can't apply to change her status to student in Canada. She must apply for a study permit to a VO outside of Canada. If it is approved, she will have to leave Canada and re-enter to activate the study permit.

 

[Calgary2014]

She can't apply to change her status to student in Canada. She must apply for a study permit to a VO outside of Canada. If it is approved, she will have to leave Canada and re-enter to activate the study permit.

IRCC website says the following person can apply for a study permit within Canada:
https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/apply.html#within_canada

 

[Calgary2014]

She can apply now if she has already been accepted into the program and has IELTS results with no single score below 5.5. Note that it tends to be more difficult to be approved if you are already in Canada as it's more difficult to demonstrate ties to your home country.

Where does the 5.5 come from?

 

[canuck_in_uk]

IRCC website says the following person can apply for a study permit within Canada:
https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/apply.html#within_canada

And from the information you have provided, none of the exemptions apply to her. Which one do you think does?

 

[Calgary2014]

And from the information you have provided, none of the exemptions apply to her. Which one do you think does?

• a student who has completed a short-term course or study program, which is a condition for being accepted at a DLI
• As I said she's studying the ELF (English Language Foundation) program which is equivalent to the language proficiency requirement of SAIT
• https://www.sait.ca/programs-and-courses/full-time-studies/english-language-foundations.

 

[canuck_in_uk]

• a student who has completed a short-term course or study program, which is a condition for being accepted at a DLI
• As I said she's studying the ELF (English Language Foundation) program which is equivalent to the language proficiency requirement of SAIT
• https://www.sait.ca/programs-and-courses/full-time-studies/english-language-foundations.

She is a visitor, not a student.

 

[Calgary2014]

She is a visitor, not a student.

215(1) f(iii)
https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-49.html#docCont

 

[Calgary2014]

She is a visitor, not a student.

Scroll down to "Visitors to Canada" and then "
Pre-requisite course in Canada before studies at a DLI" section
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/making-application.html

 

[canuck_in_uk]

Scroll down to "Visitors to Canada" and then "
Pre-requisite course in Canada before studies at a DLI" section
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/making-application.html

Still doesn't apply. Unless you have left out information, she is neither a visiting student nor an exchange student.

 

[Calgary2014]

Still doesn't apply. Unless you have left out information, she is neither a visiting student nor an exchange student.

Pre-requisite course in Canada before studies at a DLI
As of June 1, 2014, visitors in Canada who have completed a course or program of study that is a prerequisite to their enrolment at a DLI, may also apply for a study permit from within Canada [R215(1)(f)(iii)].

 

[scylla]

Where does the 5.5 come from?

Based on the many refusals we've seen on this forum, IRCC expected applicants to have the following scores for the study permit to be approved. Those with lower scores are refused.

- If taking a college certificate or diploma - no individual scores below 5.5 out of the four IELTS categories
- If taking a bachelor degree - no individual scores below 6 out of the four IELTS categories
- If taking a masters - no individual scores below 6.5 out of the four IELTS categories

 

[canuck_in_uk]

Pre-requisite course in Canada before studies at a DLI
As of June 1, 2014, visitors in Canada who have completed a course or program of study that is a prerequisite to their enrolment at a DLI, may also apply for a study permit from within Canada [R215(1)(f)(iii)].

Ah, ok. Didn't see that one.

 

[Calgary2014]

You are absolutely correct and no matter who says what, she can apply for a study permit from inside Canada based on the facts you have stated(there are some heavily opinionated people on this forum and you have bumped in to one, just ignore him). IELTS, is not mandatory either but is recommended. If the college/university does not specify IELTS as a necessity to obtain admission, CIC may not have any objection. If you look up the document checklist IMM5483, it doesn't even ask for an IELTS! Also, there is no mention of assessing an application based on IELTS/TOEFL specifically, at least from the operation instructions posted on CIC's website:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits.html
This does not necessarily mean that you don't have to demonstrate understanding of English, but might make ESL the basis of waving a language test requirement. IELTS is specifically requested from students of countries like India, Pakistan and a few others but not students from all countries have to provide it. If she has a conditional offer, she might not be approved for a study permit.
Good luck!

Thank you very much for the clarification.
"If she has a conditional offer, she might not be approved for a study permit." The point is I think in order to be eligible to apply from inside Canada, she has to have a conditional offer (i.e conditional on completing the language program), and then prove that she has met the condition stated in the offer. In this way, she can prove that she has completed a program inside Canada which was prerequisite for the main program she has been accepted for.
Do you agree?