A.G.Pennypacker said:
Thanks for the reply.
I'm not currently in this situation but I know someone who is. When I found out that the prov. nominee's spouse dropped out of school I assumed that they could get in trouble given the new cic rules regarding study permit holders.
If, indeed, you're correct and this couple has nothing to worry about than they have found a gaping and wonderful loophole in the immigration system.
-Come with your spouse to CDA as students. Then change your study permit to an OWP (connected to your spouse's SP). Using your new WP, get a job and a provincial nomination.
While you wait for PR; get your spouse to drop out of school to save money on tuition. But in the meantime collect all the social benefits afforded to international students. By the time anyone finds out, you'll be a permanent resident anyways.
Brilliant strategy! (if not a bit underhanded)
My opinions here:
I think pretty much this is a potential loophole due to compliance checking. I took notice of your questions from some time ago, on this matter also, but was not able to look it up. This time though I looked at the IRPA as and CIC's bulletins but cannot find any specific mention on consequences of the OWP resulting from an SP. The literature speaks to the eligibility of spouses of students to get an OWP, but does not mention that a violation/contravention of the terms of the SP (from which the
OWP eligibility emanates and can be subsequently obtained) will result also in the invalidity of the OWP. The gist is - the violation should be on the conditions imposed on temporary residency/authorization (WP/SP). In this case, the OWP holder has not violated the conditions of the WP; on the contrary, it is the SP holder who may be in violation of the conditions of the SP.
220.1 (1) The holder of a study permit in Canada is subject to the following conditions:
(a) they shall enroll at a designated learning institution and remain enrolled at a designated learning institution until they complete their studies; and
(b) they shall actively pursue their course or program of study.
Unfortunately - the compliance checking came only mid-this year and is not even complete yet:
http://www.cic.gc.ca/english/resources/tools/temp/students/verification.asp
If they are in violation of any conditions of temporary residence, there is cause for inadmissibility:
http://www.cic.gc.ca/english/resources/manuals/enf/enf02-eng.pdf
A29(2) A temporary resident must comply with any conditions imposed under the regulations and with any requirements under this Act, must leave Canada by the end of the period authorized for their stay and may re- enter Canada only if their authorization provides for re-entry into Canada.
In that case, then the inadmissible family member will lead to inadmissibility of all (from ENF 2)
A42 A foreign national, other than a protected person, is inadmissible on grounds of an inadmissible family member if
(a) their accompanying family member, or in prescribed circumstances, their non-accompanying family member is inadmissible.
If the SP holder is in violation of the conditions of temporary residence (the SP), he/she can be found to be inadmissible. If he/she is a family member, then the principal applicant (the spouse) on the permanent resident application becomes inadmissible.
I do hope I read and understood those sections right (am not a legal person) - that is my understanding of the sections of the ENF and IRPA. In any case, it becomes now a function of verification of compliance to see any violations of the conditions of the SP.
.../hth
