Applying for Study Permit in-Canada while on Visitor Visa and also has pending Visitor Record

[Alwayssuccessful!]

My younger brother is in Canada on visitor visa. His visa expires in 2024, but his return flight was booked for 5 months later. However, upon arrival at the POE, the CBSA officer said since you are a student in your country and only here for a visit, I will give you 2 months. So, the officer issued him a Visitor Record requiring him to leave after 2 months. He has now applied for a Visitor Record that would extend his stay beyond the 2 months. Meanwhile, he just decided to apply for admission to a college in Canada, and has been offered admission.

(1) Is it safe to apply for study permit while his Visitor Record (i.e temporary extension of stay) is pending? Or is it better to wait for the decision on the visitor extension?

(2) Generally speaking, if you do not fall into the category of people who can apply for study permit in-Canada while on visit visa, you are required to leave Canada and apply from your home country or other country where you have legal residency. However, as most study permit applications are now made online, the Eligibility Wizard for online applications suggests that if you are currently in Canada, you should nevertheless state that you are applying from your home country or country of permanent residence so that the application would be processed in the region where you come from. If one fills the application form that way, could this be considered misrepresentation?

(3) His school session for which he got admission starts January 2021. Will it not be too early to apply for study permit for start term of January 2021? Should he wait till at least January 2020 before applying for study permit? He intends to pay his full tuition for one semester.

Any suggestions opinions would be much appreciated, especially from those who have seen or experienced similar situations. Thanks!

 

[scylla]

My younger brother is in Canada on visitor visa. His visa expires in 2024, but his return flight was booked for 5 months later. However, upon arrival at the POE, the CBSA officer said since you are a student in your country and only here for a visit, I will give you 2 months. So, the officer issued him a Visitor Record requiring him to leave after 2 months. He has now applied for a Visitor Record that would extend his stay beyond the 2 months. Meanwhile, he just decided to apply for admission to a college in Canada, and has been offered admission.

(1) Is it safe to apply for study permit while his Visitor Record (i.e temporary extension of stay) is pending? Or is it better to wait for the decision on the visitor extension?

(2) Generally speaking, if you do not fall into the category of people who can apply for study permit in-Canada while on visit visa, you are required to leave Canada and apply from your home country or other country where you have legal residency. However, as most study permit applications are now made online, the Eligibility Wizard for online applications suggests that if you are currently in Canada, you should nevertheless state that you are applying from your home country or country of permanent residence so that the application would be processed in the region where you come from. If one fills the application form that way, could this be considered misrepresentation?

(3) His school session for which he got admission starts January 2021. Will it not be too early to apply for study permit for start term of January 2021? Should he wait till at least January 2020 before applying for study permit? He intends to pay his full tuition for one semester.

Any suggestions opinions would be much appreciated, especially from those who have seen or experienced similar situations. Thanks!

It's far far too early to apply for a study permit now for a January 2021 start. He should return home after his 2 month visit and apply from there.

 

[Alwayssuccessful!]

Thanks for the reply and advice. But given that sometimes it could take up to 4 months to process study permit for students from his country, is it not advisable to start the process early just in case there is refusal so he can reply with enough time on his hand? Thanks

 

[scylla]

Thanks for the reply and advice. But given that sometimes it could take up to 4 months to process study permit for students from his country, is it not advisable to start the process early just in case there is refusal so he can reply with enough time on his hand? Thanks

Sure - you can do that. However in that case I would very strongly recommend that he stay in Canada for the 2 month visit he was allowed and then return from home and apply from there. If he applies from Canada, he's going to face a much higher chance of refusal. The fact he was given a 2 month stay specifically and is now trying to extend it and stay longer will work against him. This makes it look like he's doing everything he can to remain in Canada long term.

If the study permit is the priority - remain in Canada for the 2 months allowed. Have him return home and then apply for the study permit. Return to Canada in 2021 to study. It makes absolutely no sense for a 14 year old to stay in Canada for 5 months. What is he going to do? He can't attend school and he absolutely should be in school at his age. Again, all of this makes it look like he's desperate to stay here.

 

[Alwayssuccessful!]

Thanks for the very useful advice. He is 22years old, not 14. When he was coming, we booked his return flight for a 5 month’s stay because he his school has a long vacation. Now, we applied to extend his stay up to the date of his return flight. So, if his stay is extended and he leaves in April, as scheduled on his return flight, (which is less than 6 months from the day he came), would that still be offensive to the rules? I appreciate your time on this forum.

 

[scylla]

Thanks for the very useful advice. He is 22years old, not 14. When he was coming, we booked his return flight for a 5 month’s stay because he his school has a long vacation. Now, we applied to extend his stay up to the date of his return flight. So, if his stay is extended and he leaves in April, as scheduled on his return flight, (which is less than 6 months from the day he came), would that still be offensive to the rules? I appreciate your time on this forum.

Sorry - my misunderstanding about his age.

The fact he was only given a 2 months visit at the border indicates CBSA feels he lacks ties to his home country. Applying to extend the length of the visit he was given and then also applying for a study permit just reinforces this.

If the priority is being able to visit Canada for the full 5 months, then go ahead as planned.

If the priority is the study permit, he should leave after two months as instructed at the border and apply for the study permit from his home country. To be approved for a study permit, he must show strong ties to his home country and show he has no plans on remaining in Canada long term. That will be pretty hard to prove if he is already in Canada. You need to look at this from the IRCC officer's perspective. Right now his behaviour looks like the behaviour of someone who is desperate to remain in Canada long term and is trying to do whatever he can to make that possible.

 

[Alwayssuccessful!]

Your advice is very well taken. That’s the importance of being in a forum like this. Thanks for the very useful advice!