Dual Intent (Study Permit to FSW)

[kateg]

I'm curious if anyone here has attempted to go straight from a study permit into Permanent Residency.

At the moment, I'm a student on a study permit. I was looking for part-time work, and found a job doing software development. They would like to hire me full-time.

The employer just did an application for a LMIA (for supporting an immigration application, not a work permit). It was received by the government last wednesday - they have been trying to fill positions for 90 days or so, so I think they can likely get a positive LMIA. The offer is in the top 10% of wages, so with luck it will get done quickly.

My plan is to apply for permanent residency (through the FSW program). Having a qualified job offer should put me well over the point threshold, and permanent residency would let me take night and evening classes while working full-time (so I can improve my career and work at the same time).

Has anyone here done something similar?

 

[scylla]

There's nothing stopping you from applying for FSW provided you have the points / qualify.

LMIA processing times are anywhere 6-16+ weeks at this time.

 

[A.G.Pennypacker]

I don't think you'll be able to switch from a being full time student to being a full time worker regardless of how badly your prospective employer needs you. You could probably return your study permit to CIC and return home while your LMIA is being processed. If you receive a positive assessment then you could submit the appropriate documents to CIC for a closed work permit.

I say this because I doubt CIC is in the habit of excusing foreign students from their academic obligations so they can pursue full time work and immigration. Doing so would take needed tuition dollars from CDN universities and in the process take needed jobs from CDN workers. It would also reward visitors for being a bit underhanded, in my opinion.

You also run the risk of exposing your primary intent to CIC - which, evidently, is to work - even though you have a SP. They may seize your SP and ask you to leave for being a disingenuous student.

As Scylla stated, you're well within your right to apply for PR but don't expect to get a work permit while you wait.

Please remember, I'm no expert but I'm almost certain that you will not be granted a WP while you're supposed to be studying. This would lead to a flood of applications from other students who would also prefer to be working full time. LMIA's are not that difficult to obtain.

 

[kateg]

I don't think you'll be able to switch from a being full time student to being a full time worker regardless of how badly your prospective employer needs you. You could probably return your study permit to CIC and return home while your LMIA is being processed. If you receive a positive assessment then you could submit the appropriate documents to CIC for a closed work permit.

I'm not looking to get a work permit.

I say this because I doubt CIC is in the habit of excusing foreign students from their academic obligations so they can pursue full time work and immigration. Doing so would take needed tuition dollars from CDN universities and in the process take needed jobs from CDN workers. It would also reward visitors for being a bit underhanded, in my opinion.

This wouldn't take tuition dollars away from anyone - I'm getting my degree in either case, at the same (or higher due to part time status) cost per credit hour. I'm also not taking jobs away from Canadian workers - if there were a single qualified applicant, they would have hired them. They are also paying in the top 10% of wages for the province, so it's not that they are cheap. There are specialized requirements.

You also run the risk of exposing your primary intent to CIC - which, evidently, is to work - even though you have a SP. They may seize your SP and ask you to leave for being a disingenuous student.

My primary intent is to be a student, my secondary goal is work towards immigration. I've been completely upfront about this intent from the day I landed at the airport, 6 months before even /applying/ for a study permit. I reiterated that intent when the study permit was applied for. The plan was Study Permit -> Post Graduation Work Permit -> CEC.

I don't need a work permit. Heck, I don't need to work in Canada - my foreign-derived income is more than enough to support me, and significantly more than the Canadian offer.

As Scylla stated, you're well within your right to apply for PR but don't expect to get a work permit while you wait.

I didn't. I have a study permit, and to the best of my knowledge they don't do SP and WP simultaneously. That's why I'm applying for permanent residence so soon - if I get PR, I can work and study. Until then, I'm a part time student who works no more than lawfully permitted.

Please remember, I'm no expert but I'm almost certain that you will not be granted a WP while you're supposed to be studying. This would lead to a flood of applications from other students who would also prefer to be working full time. LMIA's are not that difficult to obtain.

I'm not just supposed to be studying, I'm actually studying. If the employer didn't need my skills, I'd gladly stay part time until graduation. It'd be a lot easier on me.

 

[A.G.Pennypacker]

I think I misunderstood your original question.

You're asking if you can apply for PR as a student?

Yes, I believe you can but as a holder of a Study Permit you must remain enrolled full time until your final year and you cannot work full time under any circumstances.

...Unless, your work is part of your academic program (co-op).

Also, to be eligible to work off campus you must be a full time student. If you're currently P/T and not in your final year you may be breaking the terms of your stay in Canada.

Incidentally, PR takes about two years...will your employer wait this long? You implied they needed right away, full time. This would be impossible.

 

[kateg]

I am enrolled full-time as a student. I'm limited to part-time employment, and am obeying all of the terms required.