Sponsoring common-law PR > Do we need to cancel their study visa first?

[canadiana2]

My partner and I would like to apply for common-law PR for them. I'm a Canadian citizen and we meet all conditions of common-law. They recently obtained a study visa and were accepted to a Canadian university, but unfortunately they're unable to attend due to issues on the university's part. They had every intention to study and there was a period of deferral until the decision was made to no longer go, but the visa had already been granted and they entered the country with this.

Seeing as how we'd like to apply for PR as soon as possible, we'd like to know if they're required to cancel the study visa before applying, in order to not misrepresent status. I haven't been able to find any active information from the government on cancelling a study visa, but would also like to know if this is necessary before applying.

 

[scylla]

My partner and I would like to apply for common-law PR for them. I'm a Canadian citizen and we meet all conditions of common-law. They recently obtained a study visa and were accepted to a Canadian university, but unfortunately they're unable to attend due to issues on the university's part. They had every intention to study and there was a period of deferral until the decision was made to no longer go, but the visa had already been granted and they entered the country with this.

Seeing as how we'd like to apply for PR as soon as possible, we'd like to know if they're required to cancel the study visa before applying, in order to not misrepresent status. I haven't been able to find any active information from the government on cancelling a study visa, but would also like to know if this is necessary before applying.

You can't cancel the study visa. There's no way for you to go this.

How long ago did they enter Canada? When were they supposed to start school? The risk you're running now is that they will fall out of status in Canada for failing to attend school.

 

[canadiana2]

You can't cancel the study visa. There's no way for you to go this.

How long ago did they enter Canada? When were they supposed to start school? The risk you're running now is that they will fall out of status in Canada for failing to attend school.

A few months ago. We just want my partner's status to not be misrepresented when we apply for PR, so if there's no way to cancel the study visa, then what do we do?

 

[scylla]

A few months ago. We just want my partner's status to not be misrepresented when we apply for PR, so if there's no way to cancel the study visa, then what do we do?

Any misrepresentation is technically already done since your partner used the study permit to enter Canada. The way not to have misrepresented would have been to either: (1) not come to Canada using the study permit; (2) enter Canada on the study permit and then actually attend school.

I would apply to change your partner's status to visitor asap and also submit the sponsorship application as soon as you can. I'm going to assume your partner is not working.

I'm not sure what "a few months ago" means exactly so hard to comment much further.

 

[canadiana2]

M

Any misrepresentation is technically already done since your partner used the study permit to enter Canada. The way not to have misrepresented would have been to either: (1) not come to Canada using the study permit; (2) enter Canada on the study permit and then actually attend school.

I would apply to change your partner's status to visitor asap and also submit the sponsorship application as soon as you can. I'm going to assume your partner is not working.

I'm not sure what "a few months ago" means exactly so hard to comment much further.

By apply for visitor status, do you mean leave the country and return?

 

[scylla]

M

By apply for visitor status, do you mean leave the country and return?

No. From within Canada.

https://www.canada.ca/en/immigratio.../services/visit-canada/extend-stay/apply.html