Changing status?

[xebex]

Hi all,

I'm from the UK, currently here as a visitor staying with my boyfriend. I plan to change my status to student and enrol in chef school in September. I then plan to apply for PR status in November, once i've been living with my boyfriend for a year.

I have read on the cic site that once i finish my studies i have to leave the country, but what if i'm waiting for my PR status to come through? Can i not just change my status back to visitor, and then wait till i become a PR?

Thanks

Rebecca

 

[newtone]

So here is what you want to do

Visitor --> Student ---> PR ---> Citizen

by staying in Canada all this time

As a visitor you cannot attend college or take up employment.
You have to get accepted at the educational institution, apply for a study permit, obtain a study visa show that at Canada border when you enter Canada, they stamp your passport and let you in as a "student".

Once you are a student you can live with your BF for 1 year, and then get him to sponsor you. At this stage it will be the longest waiting period in your life because immigration will have to determine whether you are a genuine student or you courted a Canadian citizen for the purpose of staying here, or both, they'll try and determine your intention (what you have stated when you applied for student visa and what is different now, why is it different, how is it different etc). Saying we had a relationship for 3 years long distance is not enough because if I have intention to settle in Canada I can go to plentyofish dot com or any canadian chat channel from anywhere in the world and try to rope in a female or male for the purpose of settlement.

Alternatively one you get your educational qualification you can apply for work permit and you are entitled to work for 1 year after which you are eligible to apply for PR, that will take approximately 3 years, it would also depend on which province you apply from. Once you get your PR papers you have to go outside Canada and reenter as a PR, (your passport gets stamped as a PR) years you've spent physically in Canada prior to being a PR a maximum of 1 year will be counted. Therefore if you have to wait 3 years for citizenship, maximum of 1 year will be counted towards that.

So unfortunately its not so easy it will take time, patience and money

 

[mute_man]

WOW @newtone

 

[xebex]

Hi Newtone,

Thanks for your advice, but maybe i wasn't clear enough in my previous description.

I have been in Canada as a visitor for 6 months, and am applying for another 6 months, i should know if i can stay in a few days. I told immigration the truth about my intent to stay to be with my boyfriend, i also said i would be leaving the county in November once my 6 months is up, after that time me and my boyfriend will have been living together for a year and can apply for PR as a common law couple. We can prove our relationship is genuine so that is not an issue. I don't have any particular desire to be a Canadian citizen, i just want to be with my boyfriend (whom i love very much), and hopefully study for a career change.

What i need to know is if i can re-enter the country next January on a student visa, the plan being to live with my boyfriend whilst i study for a new career and wait for my PRapp which will be sent in in November of this year to be accepted (applying for PR outside the country currently only takes 6 months) I have dual intent to be in Canada, one to live with my boyfriend the other to forge a new career as a chef.

The other plan would be to enrol as a student in September and change my status to a student before my visitor status expires. Then apply for PR inside Canada in November and stay here as a student whilst i wait.

Can't I be a student whilst waiting for a common law PR application to be accepted?

Thanks

Rebecca

 

[newtone]

Hi Newtone,

Thanks for your advice, but maybe i wasn't clear enough in my previous description.

I have been in Canada as a visitor for 6 months, and am applying for another 6 months, i should know if i can stay in a few days. I told immigration the truth about my intent to stay to be with my boyfriend, i also said i would be leaving the county in November once my 6 months is up, after that time me and my boyfriend will have been living together for a year and can apply for PR as a common law couple. We can prove our relationship is genuine so that is not an issue. I don't have any particular desire to be a Canadian citizen, i just want to be with my boyfriend (whom i love very much), and hopefully study for a career change.

What i need to know is if i can re-enter the country next January on a student visa, the plan being to live with my boyfriend whilst i study for a new career and wait for my PRapp which will be sent in in November of this year to be accepted (applying for PR outside the country currently only takes 6 months) I have dual intent to be in Canada, one to live with my boyfriend the other to forge a new career as a chef.

The other plan would be to enrol as a student in September and change my status to a student before my visitor status expires. Then apply for PR inside Canada in November and stay here as a student whilst i wait.

Can't I be a student whilst waiting for a common law PR application to be accepted?

Thanks

Rebecca

Ok, things seem a little clear now. If you have applied for a student visa and got accepted at a college you can come here and study. Its basically Authorization to Study or "study permit". You need this to study in a college, you are not allowed to study on visitors visa.
You could apply as a PR while inside Canada your common law partner has to file for inland application. You can be a student while waiting for common law PR application to be accepted.

 

[newtone]

WOW @ newtone

Fact of life, I know its sad but things like this are happening so its really nothing to be surprised about.

 

[NBaker]

The simple answer is no, just because someone submits an application as a PR under the in Canada spousal class does not guarantee that you are allowed to stay in Canada until that is decided.

You want to ensure that you maintain status as either a visitor or student as you have indicated you hope to do. Also if you leave Canada during processing of an in Canada spousal application there is no guarantee of re-entry - regardless of coming from a visa exempt country or not so these are things to consider.

As long as there is no other concern in your case about concern you will leave in the event of a refusal it is more likely you may be allowed to return if you do leave with the PR applications pending.

 

[SenoritaBella]

In the event that your visitor visa extended and you to decide apply for a student visa while still in Canada, you should do it from "outside" Canada. That is, mail your application & supporting documents to a Canadian visa office in the US or UK. Make sure your visa is still valid. A medical exam is required and there may be an interview. If you apply 'inside' Canada(i.e. mail the application to Vegreville, Alberta) you will be rejected and asked to leave. See this: http://www.cic.gc.ca/english/study/study-who.asp

 

[NBaker]

If all supporting documentation is sent and the application is submitted to change the terms and conditions of a stay in Canada from within Canada and the requirements are met, how, SenoritaBella, are you determining from this point, without seeing any of the information, that the application will be rejected if you are not the decision maker?

Please provide the link to information that would show such an application would be rejected in the circumstances.

It may be rejected, but it may also be accepted if conditions are met to do so.

 

[SenoritaBella]

Calm down. There are no trophies to be won here. lol

Anyway, see this: http://www.cic.gc.ca/english/information/applications/extend-student.asp
See this for work permit applications inside canada: http://www.cic.gc.ca/english/work/apply-who-eligible.asp#inside

Holders of valid study permits, work permits can apply for these services inside Canada. Temporary resident permit holders can apply for work permits inside canada. A visitor however, can not work or study in canada unless authorized and they have to get that from outside canada, which can be the border or an overseas visa office.

How do I know the application will be rejected? I know 2 visitors who sent applications(one for a study permit, the other for a work permit) to Vegreville and were rejected and given 30 days to leave. They were later able to get the proper documents by going to the border, which is considered "outside" canada. I also know a couple, who came as visitors but made their work permit applications at the border and had no issues.
It's not enough to meet requirements, you have to meet eligibility criteria to use certain visa offices.

If all supporting documentation is sent and the application is submitted to change the terms and conditions of a stay in Canada from within Canada and the requirements are met, how, SenoritaBella, are you determining from this point, without seeing any of the information, that the application will be rejected if you are not the decision maker?

Please provide the link to information that would show such an application would be rejected in the circumstances.

It may be rejected, but it may also be accepted if conditions are met to do so.

 

[SenoritaBella]

http://www.cic.gc.ca/english/visit/extend-stay.asp

It says if you are visiting canada, and you want to apply to work or study, you must leave canada and apply from your home country. Yet visitors have been able to obtain work permits at the border. The main thing is to do it from outside canada.

 

[NBaker]

The links provided are helpful. That's the kind of assistance needed.

Of course there are also some types of courses and duration that do not require a study permit at all and may also be something to explore to determine if the course of interest fits this or not.

Not a matter of trophies for sure, but backed up statements with information based on IRPA references seems fair to ask for, no?

 

[SenoritaBella]

Did you provide links when you disagreed or back up your own statements?lol I've read your replies to other members and the tone is generally rude. e.g. your reply to someone who was in a same-sex relationship and whose application was denied. Perhaps I could suggest more effort on your part to be respectful of others even when you disagree and some humility too. Afterall, this is a forum to share information and seek advise and we won't be right all the time.