Urgent- get fired from PhD. Urgent

[aerospace1365]

Hello,
I am a Ph.D. student.
I don't want to continue my education. my questions are:
1- what happens if I get fired from the university?
2- is it better to resign or get fired?
3- can I apply for a college after firing?

my wife is here with a valid work permit until 2025. is it possible to request a study permit for here, and after that, I request a work permit based on here study permit?

Thank you very much for the answers.

 

[scylla]

Hello,
I am a Ph.D. student.
I don't want to continue my education. my questions are:
1- what happens if I get fired from the university?
2- is it better to resign or get fired?
3- can I apply for a college after firing?

my wife is here with a valid work permit until 2025. is it possible to request a study permit for here, and after that, I request a work permit based on here study permit?

Thank you very much for the answers.

1. You need to make a decision on what you will do to keep your status in Canada legal. Of course you can also leave Canada. Your options are to contiue to be a full time student in which case you would need to be accepted by a new school and program and then notify IRCC that you are changing programs and schools. You can also change your status to visitor if you no longer want to study. However you won't be able to work as a visitor in Canada and this will only allow you to remain in Canada for a short time. You could also try to secure a job offer and approved LMIA from an employer in Canada so that you can apply for a closed work permit.
2. I'm not sure it really matters.
3. Yes.

No, it is not possible for your wife to switch to a study permit and then for you to get a work permit based on her study permit. IRCC added new rules last year that make this no longer possible. You can't obtain an open work permit based on your wife's status.

 

[aerospace1365]

1. You need to make a decision on what you will do to keep your status in Canada legal. Of course you can also leave Canada. Your options are to contiue to be a full time student in which case you would need to be accepted by a new school and program and then notify IRCC that you are changing programs and schools. You can also change your status to visitor if you no longer want to study. However you won't be able to work as a visitor in Canada and this will only allow you to remain in Canada for a short time. You could also try to secure a job offer and approved LMIA from an employer in Canada so that you can apply for a closed work permit.
2. I'm not sure it really matters.
3. Yes.

No, it is not possible for your wife to switch to a study permit and then for you to get a work permit based on her study permit. IRCC added new rules last year that make this no longer possible. You can't obtain an open work permit based on your wife's status.

I really appreciate for your response.
"No, it is not possible for your wife to switch to a study permit and then for you to get a work permit based on her study permit. IRCC added new rules last year that make this no longer possible. You can't obtain an open work permit based on your wife's status." are you sure? I want just to know the law. because this matter is controversial. if you do me a favor and let me know the law, I can show it to my wife.
is it mandatory to apply for CAQ if I change my program from Ph.D. to college?

 

[scylla]

I really appreciate for your response.
"No, it is not possible for your wife to switch to a study permit and then for you to get a work permit based on her study permit. IRCC added new rules last year that make this no longer possible. You can't obtain an open work permit based on your wife's status." are you sure? I want just to know the law. because this matter is controversial. if you do me a favor and let me know the law, I can show it to my wife.
is it mandatory to apply for CAQ if I change my program from Ph.D. to college?

Yes, I am sure of this rule. No, it is not at all controversial. The rule is extremely clear. You won't be able to obtain a work permit this way.

https://www.canada.ca/en/immigratio...es/public-policy-competitiveness-economy.html

Who are principal foreign nationals
The principal foreign national is the first foreign national of the couple who obtained a study or work permit or was deemed authorized to work under the provisions of section R186 other than under paragraph R186(w).

In assessing eligibility for a spousal open work permit, the principal foreign national continues to remain the principal in the couple.

The principal foreign national cannot obtain a spousal open work permit under the C41 or C42 category based on the dependent spouse’s spousal open work permit.

For example, if the principal foreign national is a study permit holder and the dependent spouse obtains an open work permit under LMIA exemption code C42 for spouses of study permit holders, the study permit holder can not quit schooling and obtain a work permit in the C41 spousal category on the basis of their spouse’s C42 open work permit and employment in a NOC 0, A or B occupation.


I can't comment on whether you need a new CAQ.

 

[aerospace1365]

Yes, I am sure of this rule. No, it is not at all controversial. The rule is extremely clear. You won't be able to obtain a work permit this way.

https://www.canada.ca/en/immigratio...es/public-policy-competitiveness-economy.html

Who are principal foreign nationals
The principal foreign national is the first foreign national of the couple who obtained a study or work permit or was deemed authorized to work under the provisions of section R186 other than under paragraph R186(w).

In assessing eligibility for a spousal open work permit, the principal foreign national continues to remain the principal in the couple.

The principal foreign national cannot obtain a spousal open work permit under the C41 or C42 category based on the dependent spouse’s spousal open work permit.

For example, if the principal foreign national is a study permit holder and the dependent spouse obtains an open work permit under LMIA exemption code C42 for spouses of study permit holders, the study permit holder can not quit schooling and obtain a work permit in the C41 spousal category on the basis of their spouse’s C42 open work permit and employment in a NOC 0, A or B occupation.


I can't comment on whether you need a new CAQ.

Thank you for your reply.
could you please attention again to your response? it mentioned that the main applicant cannot change his status, and apply for an open work permit based on his wife's open work permit. please red the sample again!!!!!!!!!!!
I want to, first change my wife's status and change it to a study permit, and then change my status to a dependent spousal work permit.
could you please verify if I am correct or not? I urgently need your help. thank you for replying me.

 

[PMM]

Hi

Thank you for your reply.
could you please attention again to your response? it mentioned that the main applicant cannot change his status, and apply for an open work permit based on his wife's open work permit. please red the sample again!!!!!!!!!!!
I want to, first change my wife's status and change it to a study permit, and then change my status to a dependent spousal work permit.
could you please verify if I am correct or not? I urgently need your help. thank you for replying me.

1. You are not correct, if you quit, you will not be eligible for a work permit based on either your spouses work permit or study permit, if she obtains one.
2. That's why the section was introduced to stop people from getting a study permit and the spouse a work permit, then quit studies and get a work permit based on their spouse's occupation. Also to stop a student's spouse getting a work permit, the student finishes studies, gets a PGWP and when that expires, the spouse gets a study permit, and the original student applies for a work permit based on his/her spouse's study permit.

 

[aerospace1365]

Hi




1. You are not correct, if you quit, you will not be eligible for a work permit based on either your spouses work permit or study permit, if she obtains one.
2. That's why the section was introduced to stop people from getting a study permit and the spouse a work permit, then quit studies and get a work permit based on their spouse's occupation. Also to stop a student's spouse getting a work permit, the student finishes studies, gets a PGWP and when that expires, the spouse gets a study permit, and the original student applies for a work permit based on his/her spouse's study permit.

prefect. thank you very very much. so, I was completely wrong.
a lawyer proposed this method to me. he told me because my wife is here as a worker, I can first request a study permit for her to make her independent of me, then apply for myself a work permit as her dependent.
thank you for your responses. it was a great help for me.

 

[wonderbly]

prefect. thank you very very much. so, I was completely wrong.
a lawyer proposed this method to me. he told me because my wife is here as a worker, I can first request a study permit for her to make her independent of me, then apply for myself a work permit as her dependent.
thank you for your responses. it was a great help for me.

That lawyer is not up to date. Although it was previously possible to exploit the loophole your lawyer mentioned, as pointed out by Scylla, a new rule was introduced last year to stop this exploitation. You can no longer get a work permit or study permit as a dependent of your wife, as you will always remain the principal applicant and your wife the dependent applicant (as far as temporary permits go).

You cannot become a dependent of your dependent for temporary permits such as study or work permits.

 

[aspirant256]

Yes, I am sure of this rule. No, it is not at all controversial. The rule is extremely clear. You won't be able to obtain a work permit this way.

https://www.canada.ca/en/immigratio...es/public-policy-competitiveness-economy.html

Who are principal foreign nationals
The principal foreign national is the first foreign national of the couple who obtained a study or work permit or was deemed authorized to work under the provisions of section R186 other than under paragraph R186(w).

In assessing eligibility for a spousal open work permit, the principal foreign national continues to remain the principal in the couple.

The principal foreign national cannot obtain a spousal open work permit under the C41 or C42 category based on the dependent spouse’s spousal open work permit.

For example, if the principal foreign national is a study permit holder and the dependent spouse obtains an open work permit under LMIA exemption code C42 for spouses of study permit holders, the study permit holder can not quit schooling and obtain a work permit in the C41 spousal category on the basis of their spouse’s C42 open work permit and employment in a NOC 0, A or B occupation.


I can't comment on whether you need a new CAQ.

That's not what he is asking. He is not asking to apply for a work permit based on his wife's SOWP. He is asking to get a study permit for his wife, which would mean she is no longer dependent on the husband/him (primary/principal applicant). Then husband can leave his studies and apply for SOWP on the basis of his wife's study permit.

 

[scylla]

That's not what he is asking. He is not asking to apply for a work permit based on his wife's SOWP. He is asking to get a study permit for his wife, which would mean she is no longer dependent on the husband/him (primary/principal applicant). Then husband can leave his studies and apply for SOWP on the basis of his wife's study permit.

Nope, he can't.

The answer is the same. The OP does not qualify for a SOWP. This rule covers the study permit scenario as well which is why both C41 and C42 are referenced.

 

[aspirant256]

Nope, he can't.

The answer is the same. The OP does not qualify for a SOWP. This rule covers the study permit scenario as well which is why both C41 and C42 are referenced.

Would appreciate a reference.

 

[scylla]

Would appreciate a reference.

It's all in the link I provided in one of my responses to the OP above.

 

[aerospace1365]

Would appreciate a reference.

in the mentioned link, it stated that the main applicant should not be changed in any condition. in the other word, I should remain main applicant until the end of study permit.

 

[aerospace1365]

It's all in the link I provided in one of my responses to the OP above.

thank you for your kind answers,
But I wonder to know about my wife. she has a valid work permit until 2025. what happens for her, if I fire from Canada? she has to come with me or she can work here until 2025????????????????????????
More importantly, if I leave the program in May 2022, and join the new program in September 2022, can I work during the gap?
thanks in advance

 

[wonderbly]

thank you for your kind answers,
But I wonder to know about my wife. she has a valid work permit until 2025. what happens for her, if I fire from Canada? she has to come with me or she can work here until 2025????????????????????????
More importantly, if I leave the program in May 2022, and join the new program in September 2022, can I work during the gap?
thanks in advance

1. Yes, your wife's permit will be valid until it's expiry, but she won't be able to renew it afterwards (https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1522&top=17).

2. Yes, you can as long as it's less than 150 between the time you leave your current DLI and starting full-time studies at your new one. Also, you need to have an admission offer from the new DLI and have committed to attending by paying part tuition (https://www.canada.ca/en/immigratio...es/study-canada/work/work-off-campus.html#new).