Student Visa / Second Year / When to Apply?

[Canmah]

Dear @legalfalcon @caipsnotes,

Hope you are safe and healthy!

This query is regarding my brother's student visa.

He has received the study permit (hard copy), for his second year in Canada, valid till 30th November 2021.

Now we were planning to apply for visitor visa, wherein we created the application but I stumble upon the following on IRCC's website:


You can apply for a visitor visa from inside Canada if you meet all the conditions below:

• you’re already in Canada
• you hold a valid study or work permit
• you want to leave and return to Canada in the near future
• your existing visitor visa is expired or was valid for only one entry

https://www.canada.ca/en/immigratio...ew-temporary-resident-visa-within-canada.html

Though He meets the first three conditions but a per the Fourth condition it seems that he is not eligible to apply for visa because his previous visa, on which he entered as a student for January 2020 session, is still valid till March of 2021.

My query is, can we apply for Visa now or we have to wait till the previous visa expires?

 

[legalfalcon]

Dear @legalfalcon

Hope you are safe and healthy!

This query is regarding my brother's student visa.

He has received the study permit (hard copy), for his second year in Canada, valid till 30th November 2021.

Now we were planning to apply for visitor visa, wherein we created the application but I stumble upon the following on IRCC's website:


You can apply for a visitor visa from inside Canada if you meet all the conditions below:

• you’re already in Canada
• you hold a valid study or work permit
• you want to leave and return to Canada in the near future
• your existing visitor visa is expired or was valid for only one entry

https://www.canada.ca/en/immigratio...ew-temporary-resident-visa-within-canada.html

Though He meets the first three conditions but a per the Fourth condition it seems that he is not eligible to apply for visa because his previous visa, on which he entered as a student for January 2020 session, is still valid till March of 2021.

My query is, can we apply for Visa now or we have to wait till the previous visa expires?

Not sure what you are trying to do. If you already have a visa, why would you apply for a different visa, unless you wish to change your status in Canada from a student to a visitor.

 

[Canmah]

@legalfalcon .... I apologise for not being clear with my query.

- My brother's student visa will be expiring in march 2021. He was student of January 2020 session.

- He has already secured admission for January 2021 session and have been issued study permit too.

My query is, when should we apply for his next student visa ? If we apply after march, when his previous student visa expires, won't he be illegally staying in Canada till he receive his new visa?

 

[caipsnotes]

Dear @legalfalcon @caipsnotes,

Hope you are safe and healthy!

This query is regarding my brother's student visa.

He has received the study permit (hard copy), for his second year in Canada, valid till 30th November 2021.

Now we were planning to apply for visitor visa, wherein we created the application but I stumble upon the following on IRCC's website:


You can apply for a visitor visa from inside Canada if you meet all the conditions below:

• you’re already in Canada
• you hold a valid study or work permit
• you want to leave and return to Canada in the near future
• your existing visitor visa is expired or was valid for only one entry

https://www.canada.ca/en/immigratio...ew-temporary-resident-visa-within-canada.html

Though He meets the first three conditions but a per the Fourth condition it seems that he is not eligible to apply for visa because his previous visa, on which he entered as a student for January 2020 session, is still valid till March of 2021.

My query is, can we apply for Visa now or we have to wait till the previous visa expires?

Is it another program that your brother secured admission for?

 

[Canmah]

Yes sir ..... following are the details:

1) January 2020 Intake

- College: Fanshawe
- Course : 1 Year Diploma
- Study Permit Valid till 31 March 2021


2) January 2021 Intake

- College: Seneca
- Course: 1 Year Diploma
- Study Permit (hard copy received at Canadian Address) is Valid till 30 November 2021.

My brother is in Canada since January 2020.

My query is, when should we apply for his student visa again ? If we apply after march, when his previous student visa expires as per the fourth point*, won't he be illegally staying in Canada till he receive his new visa?



*You can apply for a visitor visa from inside Canada if you meet all the conditions below:

• you’re already in Canada
• you hold a valid study or work permit
• you want to leave and return to Canada in the near future
• *your existing visitor visa is expired or was valid for only one entry

 

[legalfalcon]

Yes sir ..... following are the details:

1) January 2020 Intake

- College: Fanshawe
- Course : 1 Year Diploma
- Study Permit Valid till 31 March 2021


2) January 2021 Intake

- College: Seneca
- Course: 1 Year Diploma
- Study Permit (hard copy received at Canadian Address) is Valid till 30 November 2021.

My brother is in Canada since January 2020.

My query is, when should we apply for his student visa again ? If we apply after march, when his previous student visa expires as per the fourth point*, won't he be illegally staying in Canada till he receive his new visa?



*You can apply for a visitor visa from inside Canada if you meet all the conditions below:

• you’re already in Canada
• you hold a valid study or work permit
• you want to leave and return to Canada in the near future
• *your existing visitor visa is expired or was valid for only one entry

In your case you have secured admission to another college. You do not have to apply for another student visa. Instead you have to obtain a new study permit. If you have one, then you are in status. When you apply for a renewal of study permit, you are sent a new study permit if approved. However, a new visa is not issued.

Application after entry

• 215 (1) A foreign national may apply for a study permit after entering Canada if they
  • (a) hold a study permit;
  • (b) apply within the period beginning 90 days before the expiry of their authorization to engage in studies in Canada under subsection 30(2) of the Act, or paragraph 188(1)(a) of these Regulations, and ending 90 days after that expiry;

When to extend your study permit
You should apply to extend your permit at least 30 days before it expires. Make sure your passport doesn’t expire at the same time. You can’t extend your study permit beyond your passport’s expiry date.

If you apply before your permit expires, you can stay in Canada under the same conditions as your current study permit until we make a decision.

You should apply to extend your study permit if you plan to travel outside Canada and your permit will expire while you’re travelling.

 

[Canmah]

Noted Sir .... Thank you!!