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Visitor visa (asked for extension) stuck in Canada - want to apply for study permit

Ajkan

Newbie
Jul 9, 2020
5
2
Hi,
I need some advice on a weird case here.

I have a friend that has been here in Canada since December 2019 on visitor status (visitor Visa).
She got a letter of acceptance from a university and applied for a study permit by mail (NYC VAC) on March 14th, NYC office got the papers on March 20th (the same day that they shutdown everything). We haven't heard back from them (although we made multiple follow-ups).
Her status was going to be expired so we applied for a visitor extension on May 10th and still waiting for the result (applied online).
After almost 4 months, NYC reached out and said they cannot process the paper application as everything's closed in there and they're gonna return it without processing it.
Now after deferring the offer from university once we're stuck without a study permit. (offer is deferred to September semester)

She can't leave the country. (COVID-19 pandemic and all!!)
If we apply online, it asks where are you residing and if you're here in Canada you should say Canada. Then the wizard finds her ineligible to apply online. If we chose a different country to be eligible, it'd be lying, especially that there's an active CIC case for an extension inside Canada.
No VFS/VAC office in the world is accepting the study permit application, so she can't send a paper application.

What do you suggest? any ideas?

Thank you
 

primaprime

VIP Member
Apr 6, 2019
3,390
883
You can't apply for a study permit from inside of Canada as a visitor. She would have to leave Canada. The pandemic is not stopping her from leaving.
 

Ajkan

Newbie
Jul 9, 2020
5
2
Talked to IRCC customer care yesterday and they said they understand the situation and he said something in the line of in the online wizard select your country of residence as her own country (even though she's here in Canada) just to be eligible to apply online and explain everything honestly in the letter of explanation. I'm a bit suspicious of this move, as it can backfire badly. He said we understand this is not normal times and it mostly depends on the case officers but they can be understanding in this difficult time too...

I know I should get what he said with a grain of salt, but can't stop thinking of that option. any similar experiences?
 
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canuck78

VIP Member
Jun 18, 2017
52,959
12,758
Talked to IRCC customer care yesterday and they said they understand the situation and he said something in the line of in the online wizard select your country of residence as her own country (even though she's here in Canada) just to be eligible to apply online and explain everything honestly in the letter of explanation. I'm a bit suspicious of this move, as it can backfire badly. He said we understand this is not normal times and it mostly depends on the case officers but they can be understanding in this difficult time too...

I know I should get what he said with a grain of salt, but can't stop thinking of that option. any similar experiences?
That is the right advice and that’s what your friend did the first time by sending the application to NYC.
 

Ajkan

Newbie
Jul 9, 2020
5
2
That is the right advice and that’s what your friend did the first time by sending the application to NYC.
Thank you,
So, do you think it's safe for her to apply online and chose a different country as her current residence, even though she's currently here in Canada? (Explaining everything honestly in the letter of explanation, of course)
 

107658

Star Member
Jun 15, 2020
91
8
Yeah .. I called IRCc yesterday and they told me the same thing that we can't apply for a student permit from inside Canada with a visitor status
 

Ajkan

Newbie
Jul 9, 2020
5
2
Yeah .. I called IRCc yesterday and they told me the same thing that we can't apply for a student permit from inside Canada with a visitor status
Did they give any suggestions like the one I got from them to select a different country in the wizard?
 
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primaprime

VIP Member
Apr 6, 2019
3,390
883
It seems debatable that you can apply while physically inside Canada and be treated as an outland applicant. But it is clear as day that you cannot apply as an inland applicant.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
It seems debatable that you can apply while physically inside Canada and be treated as an outland applicant. But it is clear as day that you cannot apply as an inland applicant.
Nobody can apply as an inland applicant. You can apply from Canada. It is harder to prove you will return to your home country when you are already in Canada. You will have to land if you get the study permit. Before covid people would flagpole at thr border.
 
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scylla

VIP Member
Jun 8, 2010
92,538
20,358
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
Nobody can apply as an inland applicant. You can apply from Canada. It is harder to prove you will return to your home country when you are already in Canada. You will have to land if you get the study permit. Before covid people would flagpole at thr border.
Technically incorrect. There are actually several circumstances that allow someone to submit an inland application. Specifically:

  • you have a valid study or work permit
  • your spouse, common-law partner or parent has a valid study or work permit
  • you’re a minor child in primary or secondary school
  • you’re an exchange student or visiting student
  • you completed a short-term course or study program required to be accepted at a DLI
  • you or your spouse, common-law partner or dependent child has a temporary resident permit (TRP) valid for 6 months or more
  • you’re being sponsored to immigrate and you already applied for permanent residence (if you’re eligible)
  • you or your spouse, common-law partner or dependent child are subject to an unenforceable removal order
  • you’re the spouse, common-law partner or dependent child of:
    • an athlete on a team based in Canada
    • a member of the media
    • a member of the clergy
    • military personnel on duty in Canada or
    • an accredited foreign representative