FSW WORLDWIDE

[GandiBaat]

What am I getting at? is that Canada despite of all these TR to PR statements, bonus points at express entry, LAWFULLY requires an aspiring international student to leave Canada once the study permit expires. Which explicitly says that an international student is recognized as a student first. I mean, if Canada expects the student to stay after graduation then why go out of your way to prove to the officer that you'll leave when the student permit expires; it's a waste of time. Now if something changed like the student managed to stay in Canada due to a PNP, or getting enough points, or they got a good job in Canada, then good for them and Canada has legal mechanism to allow them to stay, but there's no promise as in there's no legally binding document in the student permit that if you graduate from that program, then you'll get a good-paying job, or you'll get a PR and that you can hold the government liable for something that didn't go your way.

Oh man!

I had a very detailed discussion on this with a lawyer. It was in context of work permits but it applies to this as well. Here is the gist.

IRCC LIES. Like any fukken good Canadian, IRCC actually LIES on their work permit and study permit documents. One of the conditions they mention on study permit and work permit has language like this "MUST LEAVE CANADA BY YYYY/MM/DD". This is a BAREFACED lie. Do you know why?

Because it is NOT really a condition. Had it been really a condition then work permit and study permit extension would have required you to exit canada and possibly enter back in. That is NOT required.

Additionally, you would have been required to NOT extend your work permit and study permit.

Actually, there are countries where this condition is REAL. Like Australia, which actually imposes (sometimes) a condition on its visitor visa called as 8503 "No further stay" and if that condition is imposed, you can not switch to a new visa or extend your visa. Even in Canada there are some status transitions that are not allowed. Like you can not anymore restore your visa from study permit to visitor or you can not switch from visitor to work permit (though currently that is allowed under a temporary public policy).

The lawyer mentioned that this has been debated in court. Actually, what is needed of you is to NOT BREAK ANY LAW and ESPECIALLY IMMIGRATION LAWS. Those are codified in IRPA and IRPR. And they REQUIRE a foreigner to have a valid status in canada if they want to stay in canada.

So what really is required of you is to have a valid status (and that included Implied or Maintained Status).

Its another example of how this country says something and means something totally different.

Once, IRCC rejected someone work permit application with a reason that by requesting to extend his work permit, the person is violating his "LEAVE CANADA BY X" condition and it is an indication of violating immigration laws. The person's lawyer argued that this is bullshit because by attempting to seek a new status, the person is indicating to work within canadian immigration laws. The court agreed with that person and his work permit extension was re-assessed by a different officer.

TL; DR : Have a word with a lawyer to understand what the damn Canadian government wants when it comes to immigration because Canada LIES about what you should be really doing.

PS: That being said, you are right that study permit does not imply that you are entitled to a PR. Each application for any new status is adjudged on its own merit.