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Using a visit visa and then applying for PR or change my visa type?

xringo

Member
Jun 14, 2018
15
2
I've been advised to enter Canada with a visit Visa and then find myself a lawyer and apply for PR, Refugee or even a study permit (Student visa). How difficult is this? And is it even possible?

I do know someone who went to US and then to Canada and applied for Refugee and he managed to win his case and now he can stay in Canada.

I just want to know what my best option is, I'm a student right now and want to finish my studies, I'd like to go to Canada as it fits my budget. I've applied as a student but got rejected because they figured I wouldn't return back to my country.

My question is if I do get myself a lawyer and make a case for a visa that lets my study or work or even live in Canada, what are the chances? I do have some cousins in Canada too.
 

scylla

VIP Member
Jun 8, 2010
92,541
20,360
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I've been advised to enter Canada with a visit Visa and then find myself a lawyer and apply for PR, Refugee or even a study permit (Student visa). How difficult is this? And is it even possible?

I do know someone who went to US and then to Canada and applied for Refugee and he managed to win his case and now he can stay in Canada.

I just want to know what my best option is, I'm a student right now and want to finish my studies, I'd like to go to Canada as it fits my budget. I've applied as a student but got rejected because they figured I wouldn't return back to my country.

My question is if I do get myself a lawyer and make a case for a visa that lets my study or work or even live in Canada, what are the chances? I do have some cousins in Canada too.
A lawyer won't increase your chances of an approval. To be approved, you need to fix and address the reasons for the refusal. If you were refused because IRCC was concerned that you wouldn't return to your home country, then you need to develop stronger ties to your home country before you attempt to reapply.

As for applying for refugee status, it's impossible for any of us to say what your chances are of success. Having cousins in Canada doesn't help you at all. Whether a refugee case is successful depends on whether you have a genuine case and have hard evidence to support your claims.
 
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xringo

Member
Jun 14, 2018
15
2
Thank you very much. I didn't reapply under a student visa again because both my parents in two different countries and only my sister is here. We do own a house but that's really it.

Just want to know if this is worth doing. I just really want to study is all and get my degree. I dont want to go to Canada and have like 5 months of fighting for my case and can't study or work.
 

Buletruck

VIP Member
May 18, 2015
6,667
2,521
The reality is it’s more like waiting 18-24 months just for your case to be heard if you claim as a refugee. The fighting starts after that.
 
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xringo

Member
Jun 14, 2018
15
2
The reality is it’s more like waiting 18-24 months just for your case to be heard if you claim as a refugee. The fighting starts after that.
I see. During this one year with my visit visa, can I study at least? Or even try to get a study permit or student visa?
 

scylla

VIP Member
Jun 8, 2010
92,541
20,360
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I see. During this one year with my visit visa, can I study at least? Or even try to get a study permit or student visa?
You generally need a study permit to study in Canada. You generally cannot study on a visitor visa. If you want to study in Canada, you should apply for the study permit from outside of Canada (from your home country). Lower chances of the study permit being approved if you are already in Canada as a visitor.
 

Copingwithlife

VIP Member
Jul 29, 2018
3,864
1,867
Earth
You generally need a study permit to study in Canada. You generally cannot study on a visitor visa. If you want to study in Canada, you should apply for the study permit from outside of Canada (from your home country). Lower chances of the study permit being approved if you are already in Canada as a visitor.
Looks like from previous postings from the o/p he applied for a Student Visa and this was refused.
 

xringo

Member
Jun 14, 2018
15
2
You generally need a study permit to study in Canada. You generally cannot study on a visitor visa. If you want to study in Canada, you should apply for the study permit from outside of Canada (from your home country). Lower chances of the study permit being approved if you are already in Canada as a visitor.
Hmm not sure what to do. Seems like going the refugee path is the best way.

I am from an Asian country (Sri Lanka)
 

9990

Hero Member
Jan 10, 2017
385
144
Hmm not sure what to do. Seems like going the refugee path is the best way.

I am from an Asian country (Sri Lanka)
To apply for refugee you must apply at the port of entry or inland IRCC office, to do this way you must have TRV.
Other way to apply for refugee is to register with UNHCR.
 

scylla

VIP Member
Jun 8, 2010
92,541
20,360
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hmm not sure what to do. Seems like going the refugee path is the best way.

I am from an Asian country (Sri Lanka)
On what basis would you be claiming refugee status?
 

9990

Hero Member
Jan 10, 2017
385
144
Unsure right now. My parents have talked to a lawyer there and said he can help me out and such. Never done this, so no idea bro.
To claiming refugee status in Canada or anywhere else you must have strong grounds to explain your reason for asking refugee status otherwise claim will not going to accepted.
 

scylla

VIP Member
Jun 8, 2010
92,541
20,360
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Unsure right now. My parents have talked to a lawyer there and said he can help me out and such. Never done this, so no idea bro.
Your answer basically makes it clear you aren't a refugee. You just want to use the refugee program as a means of getting to Canada. That's not what the program is for. If you try the refugee route, you should be expecting a refusal. Once you are refused, it will be extremely difficult to return to Canada at any point in the future under any temporary visa and this will also impact your ability to get visas for other countries such as the US and UK. Think very carefully before you make a refugee claim that has no merit. This will have impacts for the rest of your life.
 

Copingwithlife

VIP Member
Jul 29, 2018
3,864
1,867
Earth
Unsure right now. My parents have talked to a lawyer there and said he can help me out and such. Never done this, so no idea bro.
Well this is from the governments web site regarding claiming refugee status, where would you fit in this description

A person in need of protection is a person in Canada who cannot return to their home country safely. This is because if they return, they would be subject to a:

danger of torture
risk to their life, or
risk of cruel and unusual treatment or punishment.

As you had mentioned "going to Canada for school because it fits your budget", is not one of the reasons set out by the government to claim refugee status. The bar is set high

Using the Refugee system in Canada to circumvent the streams available to enter Canada would probably be unwise, since as commented above, this can have life long repercussions, as well, this leads to LONGER time frames for applicants currently waiting for their refugee claims to be adjudicated in the system already Choose wisely
 
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