International student wants to get married to a citizen and spousal sponsorship

[diaby]

I entered Canada in May 2014 on a 2 year study permit to pursue masters. After studying for a semester I had to drop out of school in September 2014 because I lost my sponsor. However, I met this caring lady and we have decided to get married in July this year. Infact we truly love each other so much, We even visited the family in Vancouver in december 2014 where I met her parents and a couple of friends. I will still have a year on my visa when we get married in July this year. Now my questions are

1. We she be able to sponsor me to get my permanent residence status?
2. I will still have a year on my visa when we get married in July this year, Will I qualify for a work permit whiles I wait for the spousal sponsorship.
3. Will the fact that I have drop out of school affect my application.

 

[scylla]

I believe you are actually out of status in Canada since you have been out of school for more than 90 days. So you can apply for PR inland, however you won't qualify for an open work permit since you have no status in Canada.

 

[diaby]

I still have a valid study permit and student visa.

 

[scylla]

You need to check the new study permit rules on the CIC web site. As I mentioned in my earlier post, study permits now become automatically invalid once you stop attending school for over 90 days. It doesn't matter how long the study permit was originally valid for - it's invalidated once a student drops out of school for too long.

These new rules were put in place to prevent people from abusing study permits by coming to Canada and then not studying / dropping out of school.

 

[diaby]

Thanks very much for your response. I read on the CIC website that spousal sponsorship applicants can get Open Work Permit under a pilot program while they wait for the spousal sponsorship application. I want to know once I get married will I qualify for the work permit?

 

[SenoritaBella]

Does this rule apply to someone who came to study in 2013? I ask because a student told me recently they are taking this semester off. I asked if they had cleared this with the International Student Office and was sure it wouldn't affect their legal status but didn't quite get an answer.

You need to check the new study permit rules on the CIC web site. As I mentioned in my earlier post, study permits now become automatically invalid once you stop attending school for over 90 days. It doesn't matter how long the study permit was originally valid for - it's invalidated once a student drops out of school for too long.

These new rules were put in place to prevent people from abusing study permits by coming to Canada and then not studying / dropping out of school.

 

[scylla]

Does this rule apply to someone who came to study in 2013? I ask because a student told me recently they are taking this semester off. I asked if they had cleared this with the International Student Office and was sure it wouldn't affect their legal status but didn't quite get an answer.

I'm honestly not comfortable enough with the rules to say one way or the other. That's why I directed the OP to read through the changes on the CIC web site. The rules came into play last June. I'm not sure if they are retroactive and apply to all study permits effective that date - or only apply to study permits issued after that date.

 

[d_j_heckford]

diaby, far as i'm aware of, once you drop out of school, 2 year validity or not, your visa is finished, and you are an unlawful in the country. Its gonna be real tough to get a canada visa on those grounds there as you breached your study visa conditions and not left the country. Good luck on that one my friend.

 

[Lammawitch]

Thanks very much for your response. I read on the CIC website that spousal sponsorship applicants can get Open Work Permit under a pilot program while they wait for the spousal sponsorship application. I want to know once I get married will I qualify for the work permit?

No one here can answer that question because, as others have pointed out, your current status in Canada is not clear.

Read this:
http://www.cic.gc.ca/english/study/study-arriving.asp

Particularly the paragraph "understanding the terms and conditions of your study permit".

 

[rehank]

Sorry Im just reading posts and kind of getting curious. So if the study permit became valid or I discontinue my studies, shall I apply for change in my status from student to visitor visa instead ?