Question about renewing study permit

[Yelsew]

I volunteer with an organization which assists people with tasks such as citizenship applications, PR card renewals, work and study permits. Yesterday a young woman came in asking how to go about getting her student status renewed. She will soon be completing an ESL course but because it was less than six months' duration, a 'study permit' was not required. However, her TRV has the word 'student' printed on it (even though she does not have a study permit per se), and this expires in mid-December. Now she would like to take a more advanced ESL course at the same college, and has a letter of acceptance. I'm pretty sure she can use the "Application to Change Conditions, Extend Stay as a Student" (IMM 5709) and send it to Vegreville, despite not having an existing study permit. Can someone please confirm if this is correct? Apparently someone else told her that she has to use the "Application for Study Permit made outside Canada" (IMM 1294) and send it to a visa office in the U.S.

Also, my understanding is that she will need to renew her TRV, and so will have to fill out IMM 1257 and the other related forms. Since this woman is already in Canada, it looks like this should be sent to the case processing centre in Ottawa. I would like to get back to her soon with the correct information, so I'm hoping someone more experienced with this kind of thing can advise. Thanks in advance.

 

[PMM]

Hi

I volunteer with an organization which assists people with tasks such as citizenship applications, PR card renewals, work and study permits. Yesterday a young woman came in asking how to go about getting her student status renewed. She will soon be completing an ESL course but because it was less than six months' duration, a 'study permit' was not required. However, her TRV has the word 'student' printed on it (even though she does not have a study permit per se), and this expires in mid-December. Now she would like to take a more advanced ESL course at the same college, and has a letter of acceptance. I'm pretty sure she can use the "Application to Change Conditions, Extend Stay as a Student" (IMM 5709) and send it to Vegreville, despite not having an existing study permit. Can someone please confirm if this is correct? Apparently someone else told her that she has to use the "Application for Study Permit made outside Canada" (IMM 1294) and send it to a visa office in the U.S.

Also, my understanding is that she will need to renew her TRV, and so will have to fill out IMM 1257 and the other related forms. Since this woman is already in Canada, it looks like this should be sent to the case processing centre in Ottawa. I would like to get back to her soon with the correct information, so I'm hoping someone more experienced with this kind of thing can advise. Thanks in advance.

1. She was admitted as a visitor as she was taking a short term course of less than 6 months. She can't apply for a study permit in Canada.
2. She can't apply for a TRV in Canada, as only holders of Study and Work permits are permitted to do so. A TRV is for entry purposes, it is not required if she is not re-entering Canada.
3. She is going to have to apply for study permit

From OP 12 Manual

Period of authorized stay
Foreign nationals in Canada without a study permit wishing to enrol in subsequent educational programs must apply outside of Canada and obtain a study permit in the normal manner (e.g., at
a Canadian mission abroad) unless the program of study is a short-term course (of a duration of less than six months) and can be completed within the original period of stay authorized upon
entry.

Example: An ESL student with a six-month authorization to remain in Canada, who was not issued a study permit before or upon entry into Canada, may attend a four-month course in
Canada without a study permit, but may not extend their status in order to continue with a subsequent four-month course. Foreign nationals without a study permit will not be granted an extension of their authorized stay simply for the purpose of completing a short-term course or program of less than six months that would last beyond their original period of authorized stay. The study permit exemption for
courses of less than six months’ duration was not put in place to allow foreign nationals to take short-term courses, one after the other, simply by extending their temporary resident status—in
effect, making it possible for them to complete a whole diploma or degree without ever having a study permit. CIC recognizes that long-term visitors and foreign workers may engage in
occasional studies or programs of study lasting six months or less at any time during their stay in Canada.

 

[Yelsew]

Hi PMM, thank you for your help with this, and for the relevant excerpt from the manual. What was throwing me off was that the woman's visa (ie, the TRV inside her passport) has the word 'Student' on it, not 'Visitor', despite not needing to have a study permit for her course of less than six months. If you are saying that her status is really 'visitor', then it seems strange that CIC would have issued a 'student' visa. Anyway, it looks like she will have to use the Application for Study Permit Made Outside of Canada. But since she is already in Canada, can you confirm that she should submit it to the visa office in Los Angeles (New York is closer, but from what I can figure out, NYC only does study permits for residents of Bermuda?) It appears that she is not eligible to submit online.

Sorry for all the questions, but I'm still not clear what she needs to do about her TRV--I don't think she is planning to return to her native country (Colombia) any time soon, and subsequently re-enter Canada, so does this mean there is no need for her to renew it until after she gets the study permit? The list below (taken from CIC's instruction guide for study permit applications made outside Canada) mentions the need to include a TRV application.

Finally, since she is apparently a visitor right now, will she need to extend her status as a visitor if her study permit does not arrive before mid-December? Thanks in advance for any further help you can provide.


The following are the forms that must be filled out and submitted:
•Application For Study Permit Made Outside of Canada (IMM 1294)
•Family Information (IMM 5645)
•Document Checklist (IMM 5483)
•Schedule 1 ─ Application for Temporary Resident Visa(IMM 5257 – Schedule 1), if applicable
•Statutory Declaration of Common-law Union (IMM 5409), if applicable
•Custodianship Declaration – Custodian for Minors Studying in Canada (IMM 5646), if applicable
•Use of a Representative (IMM 5476), if applicable

 

[PMM]

Hi

Hi PMM, thank you for your help with this, and for the relevant excerpt from the manual. What was throwing me off was that the woman's visa (ie, the TRV inside her passport) has the word 'Student' on it, not 'Visitor', despite not needing to have a study permit for her course of less than six months. If you are saying that her status is really 'visitor', then it seems strange that CIC would have issued a 'student' visa. Anyway, it looks like she will have to use the Application for Study Permit Made Outside of Canada. But since she is already in Canada, can you confirm that she should submit it to the visa office in Los Angeles (New York is closer, but from what I can figure out, NYC only does study permits for residents of Bermuda?) It appears that she is not eligible to submit online.

Sorry for all the questions, but I'm still not clear what she needs to do about her TRV--I don't think she is planning to return to her native country (Colombia) any time soon, and subsequently re-enter Canada, so does this mean there is no need for her to renew it until after she gets the study permit? The list below (taken from CIC's instruction guide for study permit applications made outside Canada) mentions the need to include a TRV application.

Finally, since she is apparently a visitor right now, will she need to extend her status as a visitor if her study permit does not arrive before mid-December? Thanks in advance for any further help you can provide.


The following are the forms that must be filled out and submitted:
•Application For Study Permit Made Outside of Canada (IMM 1294)
•Family Information (IMM 5645)
•Document Checklist (IMM 5483)
•Schedule 1 ─ Application for Temporary Resident Visa(IMM 5257 – Schedule 1), if applicable
•Statutory Declaration of Common-law Union (IMM 5409), if applicable
•Custodianship Declaration – Custodian for Minors Studying in Canada (IMM 5646), if applicable
•Use of a Representative (IMM 5476), if applicable

1. The TRV was issued to show that her intention was to take a course of less than 6 months.
2. She submits to Los Angeles if she has valid visitor status. She can submit on line.
3. As she has no intention of entering Canada in the short term, then she doesn't require the TRV. Note though if there is an interview required, it will be in LA and she will need a US visa.

 

[Yelsew]

I believe you that she should be eligible to apply for a study permit PMM, but I have tried several times to use the CIC 'wizard' tool: http://www.cic.gc.ca/english/study/study-how.asp which has a link to a series of questions (see "determine eligibility and apply online"). When I enter her information, including "visitor" (in response to the question about immigration status in Canada), and carefully answer all other questions (she is a single adult, already in Canada legally, no dependents here, only wants to stay in Canada temporarily to study for more than 6 months, does not want a work permit, etc) I keep getting the same result "not eligible to immigrate to Canada at this time". She doesn't want to "immigrate", in the sense of becoming a permanent resident, she just wants to study here temporarily! I don't know what I'm doing wrong, or if CIC has wrong information on its site But if I enter her status as "student" (which is what it says on her TRV) with all other answers the same, it says she is eligible to apply for a study permit.

 

[Sweetalker]

Hi


1. She was admitted as a visitor as she was taking a short term course of less than 6 months. She can't apply for a study permit in Canada.
2. She can't apply for a TRV in Canada, as only holders of Study and Work permits are permitted to do so. A TRV is for entry purposes, it is not required if she is not re-entering Canada.
3. She is going to have to apply for study permit

From OP 12 Manual

Period of authorized stay
Foreign nationals in Canada without a study permit wishing to enrol in subsequent educational programs must apply outside of Canada and obtain a study permit in the normal manner (e.g., at
a Canadian mission abroad) unless the program of study is a short-term course (of a duration of less than six months) and can be completed within the original period of stay authorized upon
entry.

Example: An ESL student with a six-month authorization to remain in Canada, who was not issued a study permit before or upon entry into Canada, may attend a four-month course in
Canada without a study permit, but may not extend their status in order to continue with a subsequent four-month course. Foreign nationals without a study permit will not be granted an extension of their authorized stay simply for the purpose of completing a short-term course or program of less than six months that would last beyond their original period of authorized stay. The study permit exemption for
courses of less than six months' duration was not put in place to allow foreign nationals to take short-term courses, one after the other, simply by extending their temporary resident status—in
effect, making it possible for them to complete a whole diploma or degree without ever having a study permit. CIC recognizes that long-term visitors and foreign workers may engage in
occasional studies or programs of study lasting six months or less at any time during their stay in Canada.

Thanks for the detailed info bro..
Now dats how u solve somonez query once n for all..

Great my fren.. I m not in dis situation but it helped me realize suthn i had no clue regarding..

 

[Sweetalker]

I believe you that she should be eligible to apply for a study permit PMM, but I have tried several times to use the CIC 'wizard' tool: http://www.cic.gc.ca/english/study/study-how.asp which has a link to a series of questions (see "determine eligibility and apply online"). When I enter her information, including "visitor" (in response to the question about immigration status in Canada), and carefully answer all other questions (she is a single adult, already in Canada legally, no dependents here, only wants to stay in Canada temporarily to study for more than 6 months, does not want a work permit, etc) I keep getting the same result "not eligible to immigrate to Canada at this time". She doesn't want to "immigrate", in the sense of becoming a permanent resident, she just wants to study here temporarily! I don't know what I'm doing wrong, or if CIC has wrong information on its site But if I enter her status as "student" (which is what it says on her TRV) with all other answers the same, it says she is eligible to apply for a study permit.

By personal experience.. The cic wizard does not seem to b wrkng correctly.. I have tried using it with diff n very valid comos but it always gives da same answer.. Not eligible at this time.. Somethin seems to b wrong there for sure..

 

[Yelsew]

I agree Sweetalker. There must be something wrong with the wizard. And it just adds to the confusion.

 

[Sweetalker]

Yes.. The best wud b to disregard it rite now n look at more valid sources of info like the links on cic website.. Senior members like PMM again, are the epitomes of clear info..

 

[mead]

I believe you that she should be eligible to apply for a study permit PMM, but I have tried several times to use the CIC 'wizard' tool: http://www.cic.gc.ca/english/study/study-how.asp which has a link to a series of questions (see "determine eligibility and apply online"). When I enter her information, including "visitor" (in response to the question about immigration status in Canada), and carefully answer all other questions (she is a single adult, already in Canada legally, no dependents here, only wants to stay in Canada temporarily to study for more than 6 months, does not want a work permit, etc) I keep getting the same result "not eligible to immigrate to Canada at this time". She doesn't want to "immigrate", in the sense of becoming a permanent resident, she just wants to study here temporarily! I don't know what I'm doing wrong, or if CIC has wrong information on its site But if I enter her status as "student" (which is what it says on her TRV) with all other answers the same, it says she is eligible to apply for a study permit.

i am guessing here but ur selecting she is a visitor right and she is in canada right...well u have to apply for her from outside canada meaning she has to apply from her home country.....as only people who can apply for study permit within canada are
"Who may apply for a study permit from within Canada?

The following persons may apply from within Canada:

Holders of valid work or study permits and their family members;
Holders of temporary resident permits (TRPs) valid for a minimum of six months and their family members;
Refugee claimants and persons subject to an unenforceable removal order;
In-Canada permanent resident applicants and their family members who are members of the following classes, determined eligible for permanent residents (PR) status:
live-in caregiver, spouse or common-law partner, protected persons, and humanitarian and compassionate considerations (H&C);
Persons whose study permits were authorized by a visa office abroad, where the permit was not issued at a port of entry;
Family members of athletes on a Canadian-based team, media representatives, members of the clergy, or military personnel assigned to Canada."
source : http://www.cic.gc.ca/english/information/applications/guides/5552ETOC.asp#5552E2

 

[Yelsew]

Mead, I understand that she needs to apply for her study permit using the form "Application for Study Permit made outside Canada", but I don't think that means she has to be (literally) physically residing outside Canada when she applies, which your post seems to suggest (although I may have misinterpreted what you meant by "she has to apply from her home country.") My understanding, according to what PMM wrote, is that she is in fact a 'visitor' who happened to take a course of less than 6 months duration while she was here, which does not require a study permit. Since she did not have a 'study permit' in the first place, she cannot use the "Application to Change Conditions...etc". She is still legally in Canada until mid-December when her current course is completed. She should be able to physically remain in Canada but use the "Application for Study Permit made outside Canada" and submit to Los Angeles. Also, even though the accompanying instruction guide indicates the need to apply for a TRV when applying for a study permit (see list in my previous post), in this lady's case she does not need to do this because she already has a TRV and has no immediate plans to leave and then re-enter Canada. Or have I still got it wrong?

 

[mead]

Mead, I understand that she needs to apply for her study permit using the form "Application for Study Permit made outside Canada", but I don't think that means she has to be (literally) physically residing outside Canada when she applies, which your post seems to suggest (although I may have misinterpreted what you meant by "she has to apply from her home country.") My understanding, according to what PMM wrote, is that she is in fact a 'visitor' who happened to take a course of less than 6 months duration while she was here, which does not require a study permit. Since she did not have a 'study permit' in the first place, she cannot use the "Application to Change Conditions...etc". She is still legally in Canada until mid-December when her current course is completed. She should be able to physically remain in Canada but use the "Application for Study Permit made outside Canada" and submit to Los Angeles. Also, even though the accompanying instruction guide indicates the need to apply for a TRV when applying for a study permit (see list in my previous post), in this lady's case she does not need to do this because she already has a TRV and has no immediate plans to leave and then re-enter Canada. Or have I still got it wrong?

well if she has to apply for study permit then in online application she has to select not in canada(home country) that way she will get forms for application outside canada thats what i was trying to say. and thats what PMM said that she needs a study permit application from outside canada. extend study permit or change of condition application does not apply in her case. now depending on the country u select u will need to send that application and receive LOI there too ....i am not sure if she applies in LA they may not send study permit to canada ...so i think home country will be better but not sure.....