Start studying on ICE visa while awaiting Express Entry application to be processed?

[flognity]

Hello,


I already have an IEC work permit, which I’m going to activate on April 22nd 2020. It will be valid for 1 year. I am also in the Express Entry Pool with a CRS score of 453. On April 1st, my score will jump to 478, since I will have completed another year of work experience (unfortunately, only full years count). Thus, I am quite confident that I will receive an invitation to apply the by the end of April next year.


My question now is a bit more difficult to answer. I have a Masters Degree in Physics and I would like to start my PhD studies at the University of Toronto. The application deadline for a start in September 2020 is on the 2nd of December this year. How should I proceed here concerning my visa and legal status in Canada? Since I am confident, that I will receive my invitation to apply for express entry within the next 6 months and since I already have a 1 year work permit, should I apply at the University as a new permanent resident? In my “worst-case” scenario, I would have to start studying on the IEC visa while my express entry application is being processed.

What do you think?

 

[k.h.p.]

Why have you not applied for a study permit, or, why is that not in your list?

 

[scylla]

Hello,


I already have an IEC work permit, which I’m going to activate on April 22nd 2020. It will be valid for 1 year. I am also in the Express Entry Pool with a CRS score of 453. On April 1st, my score will jump to 478, since I will have completed another year of work experience (unfortunately, only full years count). Thus, I am quite confident that I will receive an invitation to apply the by the end of April next year.


My question now is a bit more difficult to answer. I have a Masters Degree in Physics and I would like to start my PhD studies at the University of Toronto. The application deadline for a start in September 2020 is on the 2nd of December this year. How should I proceed here concerning my visa and legal status in Canada? Since I am confident, that I will receive my invitation to apply for express entry within the next 6 months and since I already have a 1 year work permit, should I apply at the University as a new permanent resident? In my “worst-case” scenario, I would have to start studying on the IEC visa while my express entry application is being processed.

What do you think?

You can't study on an IEC. You need a study permit. Your studies will be classified as illegal if done on an IEC and this will mean you're violating the terms of your visa. Worst case scenario is that you're caught, visa canceled, removed from Canada and given a 1 year exclusion order which would impact your Express Entry application.

Don't break the law. Either get a study permit or defer your studies until you are actually a PR.

 

[flognity]

You can't study on an IEC. You need a study permit. Your studies will be classified as illegal if done on an IEC and this will mean you're violating the terms of your visa. Worst case scenario is that you're caught, visa canceled, removed from Canada and given a 1 year exclusion order which would impact your Express Entry application.

Don't break the law. Either get a study permit or defer your studies until you are actually a PR.

Thank you for the clarification. I certainly do not want to violate any visa terms.

My decision to study came in a little late. My initial plan was to move to Canada as soon as possible. So, my intention was to go to Canada on my granted IEC visa, find a job and start my life there while awaiting my Express Entry Application to finalize.

However, I recently discovered my urge to go back to university to do my PhD. That’s why I wanted to change my plans.

What would you suggest in my situation? Should I apply for a study permit and also maintain my Express Entry profile or should I just postpone my study plans for 1 year?

Thanks in advance for any advice.

Kind regards,

flognity

 

[k.h.p.]

You can certainly apply for a study permit while maintaining an express entry profile. Be aware what's been said above: if you take up an IEC, you cannot study.

You cannot get a study permit without having been accepted to the program of studies, receiving a confirmation of enrolment (which may require payment of tuition), and demonstrating you have sufficient funds for tuition + $10,000 for living expenses. Funding from your university can be used to demonstrate proof of funds.

 

[flognity]

You can certainly apply for a study permit while maintaining an express entry profile. Be aware what's been said above: if you take up an IEC, you cannot study.

You cannot get a study permit without having been accepted to the program of studies, receiving a confirmation of enrolment (which may require payment of tuition), and demonstrating you have sufficient funds for tuition + $10,000 for living expenses. Funding from your university can be used to demonstrate proof of funds.

Thanks again for the help.

The funding shouldn’t be a problem for me. I assume a study permit would be valid from the day my studies actually start. Thus, I could activate my IEC on 22nd of April and reduce the validity to end of August. This way the IEC work permit would no longer be active as soon as my study permit gains validity in September. Is this correct?

 

[k.h.p.]

Thanks again for the help.

The funding shouldn’t be a problem for me. I assume a study permit would be valid from the day my studies actually start. Thus, I could activate my IEC on 22nd of April and reduce the validity to end of August. This way the IEC work permit would no longer be active as soon as my study permit gains validity in September. Is this correct?

That isn't how admission to Canada nor permits work, but your basic theory ("if I had a study permit, that prevent me from being outside permission on my IEC") is correct.

 

[flognity]

That isn't how admission to Canada nor permits work, but your basic theory ("if I had a study permit, that prevent me from being outside permission on my IEC") is correct.

To avoid any violations and confusion, I will just stick to my original plan and work in Canada on my ICE visa while waiting for my Express Entry. If I still feel the urge to study after 1 year in Canada, I can then (hopefully) do it as a new permanent resident.

Thank you for all replies

 

[canadian-gentleman]

Your case seems quite simple. If I were in your shoes I would do the following:

1. Apply to the PhD program in Dec 2019 as an international student
2. Go to Canada to activate your IEC work permit in April 2020
3. Apply for express entry whenever you get the invite
4. If you get admitted to the PhD program: apply for study permit. At the PhD level approval rates are high if you have funding from your supervisor.
5. Continue working until September 2020 (you can hold an IEC work permit and study permit at the same time)
6. Join PhD program as an international student in September 2020 and pay international tuition fees
7. Once approved for for permanent residency: pay domestic tuition fees. You should get a refund for the entire term if you become PR before the end of any term.