Spousal Class within Canada, need advice

[Blueface]

Hello

So I came to Canada as an international student, and my permit is expiring soon. I still need to do my last semester, but cannot do it right now due to some reasons. I just got married to my long time girlfriend who is a permanent resident here and I want to apply for permanent residency under spousal class.

I want to know, if I apply for it right now, and in the meantime my student permit expires, what happens to my status? I have almost everything ready for the application just waiting for the marriage certificate which should be coming in next week.

Is it possible to extend my stay on a visitor visa, considering I haven't completed my studies yet and am married now, so I can keep my temporary resident status till I get the open work permit which I plan on applying for with the PR application?

Any advice is welcome.

Thanks for reading

 

[canuck78]

Are you currently attending classes? If not your study permit could have been cancelled 90 days into the semester. You need to switch your status to visitor before your study permit expires.

 

[Blueface]

Are you currently attending classes? If not your study permit could have been cancelled 90 days into the semester. You need to switch your status to visitor before your study permit expires.

I'm not attending classes right now either.

So you're saying that I can and should switch my status from student to visitor given my academic situation?

 

[canuck78]

I'm not attending classes right now either.

So you're saying that I can and should switch my status from student to visitor given my academic situation?

Sounds like you may be on academic probation. Has your school registered you to return at a further date? Once a student stops attending school for 90 days and is not registered in an upcoming program/semester the student permit can be cancelled. I would make sure your student permit is still valid and then switch to visitor status asap so you retain your status in Canada. You also had to stop working once you stopped studying full-time.

 

[Blueface]

Sounds like you may be on academic probation. Has your school registered you to return at a further date? Once a student stops attending school for 90 days and is not registered in an upcoming program/semester the student permit can be cancelled. I would make sure your student permit is still valid and then switch to visitor status asap so you retain your status in Canada. You also had to stop working once you stopped studying full-time.

I believe for my school to register me as a returning student I'll have to get enrolled asap. And as I mentioned earlier I'm not able to do that right now. I will be visiting my school today to inquire about a possible probation. And if I am on academic probation, does that slim my chances to get the visitor permit somehow?

I'm actually only worried about keeping my status so I can legally be here till I get the open work permit. How do I make sure that my study permit is not cancelled and is still valid?

 

[canuck78]

I believe for my school to register me as a returning student I'll have to get enrolled asap. And as I mentioned earlier I'm not able to do that right now. I will be visiting my school today to inquire about a possible probation. And if I am on academic probation, does that slim my chances to get the visitor permit somehow?

I'm actually only worried about keeping my status so I can legally be here till I get the open work permit. How do I make sure that my study permit is not cancelled and is still valid?

You can ask your school f they have communicated with CIC that you are not studying. It does seem like you are still registered in the course. You can also call IRCC. If you have valid study permit you can switch to visitor status.

 

[scylla]

Hello

So I came to Canada as an international student, and my permit is expiring soon. I still need to do my last semester, but cannot do it right now due to some reasons. I just got married to my long time girlfriend who is a permanent resident here and I want to apply for permanent residency under spousal class.

I want to know, if I apply for it right now, and in the meantime my student permit expires, what happens to my status? I have almost everything ready for the application just waiting for the marriage certificate which should be coming in next week.

Is it possible to extend my stay on a visitor visa, considering I haven't completed my studies yet and am married now, so I can keep my temporary resident status till I get the open work permit which I plan on applying for with the PR application?

Any advice is welcome.

Thanks for reading

How long ago did you stop attending school?

 

[Blueface]

You can ask your school f they have communicated with CIC that you are not studying. It does seem like you are still registered in the course. You can also call IRCC. If you have valid study permit you can switch to visitor status.

I will do that. Also, do you think if I apply for the visitor status right now, I should apply for the PR (with open work permit) right away, or should I wait to get visitor status first?

 

[scylla]

I will do that. Also, do you think if I apply for the visitor status right now, I should apply for the PR (with open work permit) right away, or should I wait to get visitor status first?

Depends on how long ago you stopped attending school.

 

[Blueface]

How long ago did you stop attending school?

I last attended school in December, 2018.

 

[scylla]

I last attended school in December, 2018.

Ok - that's good. In that case I would recommend that you apply to change your status to visitor asap. Study permits are typically canceled by IRCC once you have stopped attending school for more than 90 days. You should be OK if you were still in school in December. However I'd apply to change your status right now - don't wait and risk ending up out of status.

 

[Blueface]

Ok - that's good. In that case I would recommend that you apply to change your status to visitor asap. Study permits are typically canceled by IRCC once you have stopped attending school for more than 90 days. You should be OK if you were still in school in December. However I'd apply to change your status right now - don't wait and risk ending up out of status.

I will be looking into it right now. Could you maybe refer me to a checklist or application package because the extending stay section is pretty tricky and I don't really know what I'm actually looking for here.

 

[scylla]

I will be looking into it right now. Could you maybe refer me to a checklist or application package because the extending stay section is pretty tricky and I don't really know what I'm actually looking for here.

https://www.canada.ca/en/immigratio...on-change-conditions-extend-stay-visitor.html

 

[Blueface]

https://www.canada.ca/en/immigratio...on-change-conditions-extend-stay-visitor.html

Thank you so much

 

[Blueface]

Ok - that's good. In that case I would recommend that you apply to change your status to visitor asap. Study permits are typically canceled by IRCC once you have stopped attending school for more than 90 days. You should be OK if you were still in school in December. However I'd apply to change your status right now - don't wait and risk ending up out of status.

Hey

I read on another immigration website that visitor record shouldn't be a problem provided you're able to show that your visit remains temporary. I'm just wondering if my very recent marriage, almost right before the expiry of my study permit would be a red flag for the immigration officer?