What is my status in Canada?

[weirdduck]

Hello, guys

I applied for PR+OWR before my study visa expired.

I do not have any visa right now. I'm still waiting for my open work permit.

According to my lawyer, I'm allowed to stay in Canada because I applied for PR before my study visa expired, and I'm in Canada right now.

Now, I'm trying to apply for a study visa and CIC asks my immigration status in Canada.

I have six choice
1. Visitor
2. Worker
3. Student
4. Temporary Resident permit holder
5. Refugee claimants
6. Live-in caregiver.

Which one should I choose?

Thank you.

​

 

[canuck_in_uk]

Hello, guys

I applied for PR+OWR before my study visa expired.

I do not have any visa right now. I'm still waiting for my open work permit.

According to my lawyer, I'm allowed to stay in Canada because I applied for PR before my study visa expired, and I'm in Canada right now.

Now, I'm trying to apply for a study visa and CIC asks my immigration status in Canada.

I have six choice
1. Visitor
2. Worker
3. Student
4. Temporary Resident permit holder
5. Refugee claimants
6. Live-in caregiver.

Which one should I choose?

Thank you.

​

Applying for PR has nothing to do with status. It was the OWP app submitted prior to your study permit expiry that maintained your status. You currently have Implied Status as a visitor.

 

[weirdduck]

Applying for PR has nothing to do with status. It was the OWP app submitted prior to your study permit expiry that maintained your status. You currently have Implied Status as a visitor.

Thank you.

I put myself as a visitor.

Now I see this questionnaire from CIC

: Does one of the following apply to you?
[

• I am subject of a removal order that is unenforceable
• I applied for a study or work permit before entering Canada which was approved, but not issued at a port of entry; or
• I am a primary or secondary student with visitor status in Canada; or
• I am a visiting or exchange student with visitor status in Canada; or
• I am a student who has completed a program of study that is a prerequisite to my enrolment at a designated learning institution with visitor status in Canada; or
• I applied for permanent residence and was found eligible (first stage approval) under one of the following classes:
  • Spouse or Common-law Partner in Canada
  • Humanitarian and Compassionate cases
  • Protected Persons in Canada
  • Live-in Caregiver in Canada ]

Do I say yes or no?

I got my AOR so I'm not sure if my situation belongs to the last piece from cic "I applied for permanent residence and was found eligible (first stage approval) under one of the following classes: "

 

[canuck_in_uk]

Thank you.

I put myself as a visitor.

Now I see this questionnaire from CIC

: Does one of the following apply to you?
[

• I am subject of a removal order that is unenforceable
• I applied for a study or work permit before entering Canada which was approved, but not issued at a port of entry; or
• I am a primary or secondary student with visitor status in Canada; or
• I am a visiting or exchange student with visitor status in Canada; or
• I am a student who has completed a program of study that is a prerequisite to my enrolment at a designated learning institution with visitor status in Canada; or
• I applied for permanent residence and was found eligible (first stage approval) under one of the following classes:
  • Spouse or Common-law Partner in Canada
  • Humanitarian and Compassionate cases
  • Protected Persons in Canada
  • Live-in Caregiver in Canada ]

Do I say yes or no?

I got my AOR so I'm not sure if my situation belongs to the last piece from cic "I applied for permanent residence and was found eligible (first stage approval) under one of the following classes: "

AOR is not first stage approval. It's AIP, Approval in Principle, which doesn't come until near the end of the process.

 

[weirdduck]

AOR is not first stage approval. It's AIP, Approval in Principle, which doesn't come until near the end of the process.

Am I screwed?

CIC websites determined that I'm not eligible to apply for a study visa based on what I answered them.

It also asked this question.

-Are you a spouse, common-law partner or dependent child of a person who:

• Holds a Work Permit for a job in National Occupation Classification O, A, B;
• Holds a study permit and is a full-time student at a university, community college, CÉGEP or other authorized educational institution;
• Holds a Temporary Resident Permit that is valid for six months or more;
• Applied for Permanent Residence to an office in Canada and was determined to be eligible for Permanent Resident status (first stage approval)
• Is subject of a removal order that is unenforceable.-

Do I say yes or no?

My girlfriend is a born and raised Canadian, and she is sponsoring me PR under common-law.

 

[canuck_in_uk]

Am I screwed?

CIC websites determined that I'm not eligible to apply for a study visa based on what I answered them.

It also asked this question.

-Are you a spouse, common-law partner or dependent child of a person who:

• Holds a Work Permit for a job in National Occupation Classification O, A, B;
• Holds a study permit and is a full-time student at a university, community college, CÉGEP or other authorized educational institution;
• Holds a Temporary Resident Permit that is valid for six months or more;
• Applied for Permanent Residence to an office in Canada and was determined to be eligible for Permanent Resident status (first stage approval)
• Is subject of a removal order that is unenforceable.-

Do I say yes or no?

My girlfriend is a born and raised Canadian, and she is sponsoring me PR under common-law.

Answer is No.

You can apply for a study permit but you must submit the app as if you were outside of Canada. You do not qualify to change your status to student within Canada.

 

[weirdduck]

Answer is No.

You can apply for a study permit but you must submit the app as if you were outside of Canada. You do not qualify to change your status to student within Canada.

Ok, I talked with my lawyer and he said that'd work. He said I could apply for a study visa as if I'm outside of Canada and go to U.S and come back.

I'm just worried that they might reject my entry either from Canada to U.S or U.S to Canada.

 

[canuck_in_uk]

Ok, I talked with my lawyer and he said that'd work. He said I could apply for a study visa as if I'm outside of Canada and go to U.S and come back.

I'm just worried that they might reject my entry either from Canada to U.S or U.S to Canada.

You are not guaranteed re-entry to Canada but with an approved study permit, you should have no issues. As for the US side, you would just be flagpoling, which is an administrative refusal, so you won't even be entering.

 

[weirdduck]

You are not guaranteed re-entry to Canada but with an approved study permit, you should have no issues. As for the US side, you would just be flagpoling, which is an administrative refusal, so you won't even be entering.

I can only do this method if I don't have open work permit and stay as a visitor? or I can do it even after getting an open work permit applying as a worker?

You know everything, it blew my mind.

 

[canuck_in_uk]

I can only do this method if I don't have open work permit and stay as a visitor? or I can do it even after getting an open work permit applying as a worker?

You know everything, it blew my mind.

The rule is that visitors (with some exceptions) can't apply to change status within Canada to worker or student.

If someone is already here on a work or study permit, they are allowed to apply to change status within Canada.

I tell my partner that every day .

 

[weirdduck]

The rule is that visitors (with some exceptions) can't apply to change status within Canada to worker or student.

If someone is already here on a work or study permit, they are allowed to apply to change status within Canada.

I tell my partner that every day .

Do you mean inside of Canada with "within Canada"?

On the side note, I need to get a study visa by December 27th, and CIC says it will take about 3 weeks for a study visa if I apply as if I'm outside of Canada.

Not to mention I have to get biometrics, I see that Seattle location is available but I have to make an appointment with them in two weeks advance.

I'm afraid I won't be able to study at school if things go wrong.

Do you know any way I can get a study visa really fast?

I'm in British Columbia btw.

 

[canuck_in_uk]

Do you mean inside of Canada with "within Canada"?

On the side note, I need to get a study visa by December 27th, and CIC says it will take about 3 weeks for a study visa if I apply as if I'm outside of Canada.

Not to mention I have to get biometrics, I see that Seattle location is available but I have to make an appointment with them in two weeks advance.

I'm afraid I won't be able to study at school if things go wrong.

Do you know any way I can get a study visa really fast?

I'm in British Columbia btw.

When I say "within Canada", I mean an app where an applicant's status is actually changed by IRCC in Canada, meaning that the person doesn't have to leave Canada to activate their new status.

With your current visitor status, you can apply while physically in Canada but it would be an outside Canada app, meaning you would have to leave and re-enter to activate your study permit.

If you were here as a worker, you could apply within Canada, meaning IRCC would change your status and just mail you the study permit. You would not have to leave to activate the new status.

Make sense?

There is no faster way. If I recall correctly, you also have the option of applying to a VO in the US, so perhaps see what the processing times are there. You will have to leave for biometrics.

 

[weirdduck]

When I say "within Canada", I mean an app where an applicant's status is actually changed by IRCC in Canada, meaning that the person doesn't have to leave Canada to activate their new status.

With your current visitor status, you can apply while physically in Canada but it would be an outside Canada app, meaning you would have to leave and re-enter to activate your study permit.

If you were here as a worker, you could apply within Canada, meaning IRCC would change your status and just mail you the study permit. You would not have to leave to activate the new status.

Make sense?

There is no faster way. If I recall correctly, you also have the option of applying to a VO in the US, so perhaps see what the processing times are there. You will have to for biometrics.

"If you were here as a worker, you could apply within Canada" means, I can apply for a new status in Canada if I have a work permit currently? (Not that I had before? but if I have it currently right now?)

When you say IRCC would change my status, does that mean my work permit will no longer be valid and it gets changed with study permit like work permit -> study permit?

 

[canuck_in_uk]

"If you were here as a worker, you could apply within Canada" means, I can apply for a new status in Canada if I have a work permit currently? (Not that I had before? but if I have it currently right now?)

When you say IRCC would change my status, does that mean my work permit will no longer be valid and it gets changed with study permit like work permit -> study permit?

It is based on current status. You are a visitor right now.

Yes. You would be applying to chnage your status from worker to student.

 

[weirdduck]

It is based on current status. You are a visitor right now.

Yes. You would be applying to chnage your status from worker to student.

So, I can't have open work permit(from PR) and a study visa at the same time. Not even under dual intent?

I confirmed this with my lawyer several times, i thought it was too good to be true.

Man..