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Canadian Study permit while having an expired PR status

rizco70

Member
Dec 30, 2011
11
0
Hi Forum members, I am a Canadian PR holder who was unable to maintain the PR status due to non compliance with minimum duration requirements of stay in Canada. My PR status alongwith my daughter PR status was lost in 2012 but the PR card is not renounced or surrendered. Now my daughter is admitted to a Canadian University but I am not clear on the way forward for her to get a study permit. Can she surrender the PR and apply for study permit at the same time and both will be processed or she will have to renounce her PR status first. Unfortunately we are running against time and not clear on the way forward, any sort of suggestion from forum members will be pretty useful for me and my daughter, please advise.
 

scylla

VIP Member
Jun 8, 2010
93,174
20,654
Toronto
Category........
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Buffalo
Job Offer........
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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..........
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What do you mean when you say your PR status was lost in 2012? If PR status was lost, you are no longer PRs. The PR card cannot be renounced. It's just a card. Only PR status can be renounced.

The short answer to your question is that she should officially renounce her status before applying for the study permit. It is not ideal to do both at the same time. Ideally the application to renounce PR status should front run the study permit application by a few months.

Alternatively, depending on the circumstances, she can also try applying for a PR Travel Document with H and C consideration to try to keep her PR status. But this would depend on factors such as her current age and whether you as a family actually spent time living in Canada after you got PR.
 

rizco70

Member
Dec 30, 2011
11
0
What do you mean when you say your PR status was lost in 2012? If PR status was lost, you are no longer PRs. The PR card cannot be renounced. It's just a card. Only PR status can be renounced.

The short answer to your question is that she should officially renounce her status before applying for the study permit. It is not ideal to do both at the same time. Ideally the application to renounce PR status should front run the study permit application by a few months.

Alternatively, depending on the circumstances, she can also try applying for a PR Travel Document with H and C consideration to try to keep her PR status. But this would depend on factors such as her current age and whether you as a family actually spent time living in Canada after you got PR.
Thanks for your reply Scylla, for clarification what I actually meant by saying lost PR in 2012 means I landed in 2007 and was provided PR which was valid until 2012, but since I was unable to maintain my minimum stay duration in Canada till 2012 therefore I consider that from 2012 my PR is no more valid although I did not surrender my PR or renounce it till now. Now my issue is if my daughter chooses the option to renounce the PR and then apply for study permit then she might miss the deadline of May go get admitted in the university. I will try to proceed with the alternative solution that you are suggesting to apply for PR travel document with H and C consideration. Is this PR travel document a study permit or travel permit and is there a standard template form to fill this application, Thanks in advance.
 

scylla

VIP Member
Jun 8, 2010
93,174
20,654
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
Thanks for your reply Scylla, for clarification what I actually meant by saying lost PR in 2012 means I landed in 2007 and was provided PR which was valid until 2012, but since I was unable to maintain my minimum stay duration in Canada till 2012 therefore I consider that from 2012 my PR is no more valid although I did not surrender my PR or renounce it till now. Now my issue is if my daughter chooses the option to renounce the PR and then apply for study permit then she might miss the deadline of May go get admitted in the university. I will try to proceed with the alternative solution that you are suggesting to apply for PR travel document with H and C consideration. Is this PR travel document a study permit or travel permit and is there a standard template form to fill this application, Thanks in advance.
Applying for a PRTD under H&C will only make sense if your family established yourselves in Canada and lived here for a while as PRs before leaving. Did you do that?

The PRTD is not a study permit. PRs do not need study permits. It is a travel document. Yes, there is a standard application that is available through the IRCC web site.
 

rizco70

Member
Dec 30, 2011
11
0
Applying for a PRTD under H&C will only make sense if your family established yourselves in Canada and lived here for a while as PRs before leaving. Did you do that?

The PRTD is not a study permit. PRs do not need study permits. It is a travel document. Yes, there is a standard application that is available through the IRCC web site.
Thanks for your prompt reply @scylla. Unfortunately my family did not spent more then 2 Weeks in Canada, so it seems that PRTD is not a viable option for us. However, even renouncing the PR status is also not a preferred option since months will be lost in renouncing and then applying study permit by which admission deadline will cross. Honestly there should be a process by which if a student tries to get study permit then the expired PR status should be able to get quickly renounced. In my daughters case now it seems she won’t be able to study in Canada in future until she drops her Canadian study for a complete year. Any advises will help. Any trusted immigration lawyers?
 

scylla

VIP Member
Jun 8, 2010
93,174
20,654
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
Thanks for your prompt reply @scylla. Unfortunately my family did not spent more then 2 Weeks in Canada, so it seems that PRTD is not a viable option for us. However, even renouncing the PR status is also not a preferred option since months will be lost in renouncing and then applying study permit by which admission deadline will cross. Honestly there should be a process by which if a student tries to get study permit then the expired PR status should be able to get quickly renounced. In my daughters case now it seems she won’t be able to study in Canada in future until she drops her Canadian study for a complete year. Any advises will help. Any trusted immigration lawyers?
So a few things... Your daughter's situation is extremely unusual and non standard. It's reasonable IRCC does not have a specific process around this. Being very honest, you could have avoided this situation through better planning on your end and renouncing last year. This is on you.

She does not have to have her PR status officially renounced before the admission deadline. I think you are creating complexities that don't exist. She should apply to renounce her status now, then proceed with the admission process in May. By the time it's time to apply for the actual study permit through IRCC, her PR status should be renounced or the application well underway.

I have no experiences with immigration lawyers.
 

Ross88

Star Member
May 27, 2023
55
14
You get admission first, declare her as an international student since PR is probably not recoverable at this stage.

After admission, it's provincial attestation, and then study permit application.

If you can't get the PR renounced in time and/or submit the study permit application in time, you can consider alternatives such as deferring the admission if it is granted.

Take Scylla's advice to heart and plan things better. All of this was entirely avoidable.