Studying less than 6 months while inland spousal in process

[Yelsew]

A couple I know are preparing their inland spousal application. The sponsored partner was studying in Canada before they married. However, his course was less than 6 months duration, so he did not need a 'study permit' per se. His TRV indicates his category as 'student' with the code SX-1, which I assume means he is really a 'visitor' who is exempt from the need for a study permit. The course is now completed, although he is still legally in Canada as a visitor until July. The couple are nearly ready to submit the sponsorship application and will include an application for an open work permit. I checked with CIC to see if applicants can still do this, given the fact that the in-Canada applications are now being processed in Mississauga (not Vegreville) and was told yes.

QUESTION: We know that while they are waiting for first-stage approval (which could take 8-10 months) the sponsored spouse can not work. But in the meantime, is he allowed to take another course of less than 6 months' duration without applying for a study permit, or without having to extend his stay as a visitor? Our understanding of the public policy for in-Canada spousal apps, is that the sponsored spouse can remain 'out of status' as long as he doesn't work (or study for more than 6 months). Any help is appreciated.

 

[screech339]

You can take courses that requires less than 6 months to acquire a certificate. Not courses that are part of the certificate that takes longer than 6 months to acquire.

One could argue that "I am only taking 5 courses that will be finished in 3 months" (a semester) but you won't get a certificate or diploma until 30 courses are completed. These 5 courses can be taken in the 6 month period so long as you get a diploma or certificate up to 5 certificates (5 courses) before the 6 months are up.

 

[scylla]

He has to be careful with regards to what course he picks. If the second course he picks builds on the first course he took towards a designation, certificate, degree or diploma - then the total length of his study program is longer than six months and he needs a study permit. Studying without one will be studying illegally.

On the other hand, if the second course he picks is completely different than the first, then I think he should be fine as long as he has a valid visitor visa.

Studying for longer than six months requires a valid study permit. Studying for less than six months requires a valid TRV.

 

[Ponga]

Ironically, a person that has worked or studied without authorization is deemed to have a `Lack of Status'...the same designation as someone that has overstayed. Since a person deemed to have Lack of Status is still eligible to apply for Inland sponsorship, I wonder what the consequences would be?

 

[canuck_in_uk]

The course is now completed, although he is still legally in Canada as a visitor until July. The couple are nearly ready to submit the sponsorship application and will include an application for an open work permit.

is that the sponsored spouse can remain 'out of status' as long as he doesn't work

Just to clarify, provided the PR app and OWP app are submitted before his status expires in July, he won't actually be out-of-status at any point. Once his visitor status expires in July, he will have Implied Status while waiting for a decision on the OWP; this is legal status allowing him to stay in Canada.

He will go from visitor to implied to worker to PR without ever actually being out-of-status.

 

[Yelsew]

He has to be careful with regards to what course he picks. If the second course he picks builds on the first course he took towards a designation, certificate, degree or diploma - then the total length of his study program is longer than six months and he needs a study permit. Studying without one will be studying illegally.

On the other hand, if the second course he picks is completely different than the first, then I think he should be fine as long as he has a valid visitor visa.

Studying for longer than six months requires a valid study permit. Studying for less than six months requires a valid TRV.

Scylla--so does this mean that if he does choose an unrelated course of less than 6 months, even though he won't need a study permit, he must still apply to extend his status as a visitor? Based on what Canuck-in-UK said, the fact that they will have an in-Canada sponsorship and OPW application in the system will give this fellow 'implied status'--which is also what I had thought but wasn't sure--and so doesn't this mean that applying to extend status as a visitor would be unnecessary?

 

[screech339]

Scylla--so does this mean that if he does choose an unrelated course of less than 6 months, even though he won't need a study permit, he must still apply to extend his status as a visitor? Based on what Canuck-in-UK said, the fact that they will have an in-Canada sponsorship and OPW application in the system will give this fellow 'implied status'--which is also what I had thought but wasn't sure--and so doesn't this mean that applying to extend status as a visitor would be unnecessary?

The OWP does give them the "implied status" but as a visitor. But just because it is "implied" thus longer than 6 months, doesn't give them the right to take courses requiring longer than 6 months at a time. All the OP can do is take courses that are completed under 6 months at a time.

Even if the OWP was finally granted. It doesn't give them the ability to take courses longer than 6 months either. It is a open "work" visa not a study visa.

 

[Yelsew]

Screech339, thanks but I already know that the work permit, if approved, is not the same as a study permit and will not give the applicant the right to take courses of more than 6 months. My additional question was whether it is really necessary to apply for an extension of visitor status (in order to take a course of LESS than six months) once the sponsorship and OPW have been submitted. Since he will apparently have implied status (as a visitor) while waiting for the sponsorship to be processed, it would seem redundant (and an unnecessary expense) to have to apply to extend status as a visitor.

 

[screech339]

Screech339, thanks but I already know that the work permit, if approved, is not the same as a study permit and will not give the applicant the right to take courses of more than 6 months. My additional question was whether it is really necessary to apply for an extension of visitor status (in order to take a course of LESS than six months) once the sponsorship and OPW have been submitted. Since he will apparently have implied status (as a visitor) while waiting for the sponsorship to be processed, it would seem redundant (and an unnecessary expense) to have to apply to extend status as a visitor.

You are 100% right. It is completely redundant to apply for a visitor extension since he has already submitted a OWP application.

However if he wants to get a certificate or diploma that required more than 6 months to complete, doesn't matter if all courses were 1 months to finish, he would have to apply and change his status to study visa.