Diplomat spouse intending to stay for school

[hzakari]

BACKGROUND: I'm a spouse of a foreign diplomat in Canada and my spouse's diplomatic assignment ends on May 1st, 2023 when he must return to our home country. I am admitted to a Canadian post-secondary institution and wish to stay behind to attend school as an international student.

Q1: Should I apply for a study permit within Canada, or will I be required to depart the country and apply for the study permit from outside Canada?
Q2: Will I be covered under "implied status" for the duration it takes to process my application if I had it submitted on May 1st when my spouse leaves Canada?
Q3: Shall I work with an immigration lawyer instead? Will they not just be doing exactly what I intend to do above i.e. apply for a study permit from within Canada on my behalf?

I just wish to do the right thing, so I greatly appreciate your educated opinions,

 

[bellaluna]

Q1: Yes, you can submit the study permit while you're in Canada. No, you won't have to leave Canada. In case your country issued you a diplomatic passport, you will have to use a regular passport to apply for a study permit.
https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=483&top=15

Q2: Good question. You may have to apply for two separate things: the study permit and an extension of your visitor status, as I don't believe the former will grant you implied status, but the latter will. Someone can correct me if I'm wrong.

If you do need the extension: Apply for the extension no later than April 30th, ASAP if you must--IRCC recommends at least 30 days. You're cutting this very close.

https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/extend-stay/apply.html

 

[canuck78]

BACKGROUND: I'm a spouse of a foreign diplomat in Canada and my spouse's diplomatic assignment ends on May 1st, 2023 when he must return to our home country. I am admitted to a Canadian post-secondary institution and wish to stay behind to attend school as an international student.

Q1: Should I apply for a study permit within Canada, or will I be required to depart the country and apply for the study permit from outside Canada?
Q2: Will I be covered under "implied status" for the duration it takes to process my application if I had it submitted on May 1st when my spouse leaves Canada?
Q3: Shall I work with an immigration lawyer instead? Will they not just be doing exactly what I intend to do above i.e. apply for a study permit from within Canada on my behalf?

I just wish to do the right thing, so I greatly appreciate your educated opinions,

You can apply from within Canada but usually have to send your application abroad to be processed. Usually people send the application to the US. When does your program start. What type of program? How long is the program? What is your education and work history? It does make a difference whether you’re doing a PhD or a diploma from a college. Your application won’t be processed fir the summer session and may not even be processed by the fall session. Why can’t you return home while you wait to hear if you’ve been approved for a study permit. The fact that you have remained in Canada likely weakens your application because you will need to prove that you will return to your home country after finishing your program and that you have strong ties to your home country. What country are you from? Have you applied for PR?there seems to be some previous posts about sponsoring family.

 

[armoured]

BACKGROUND: I'm a spouse of a foreign diplomat in Canada and my spouse's diplomatic assignment ends on May 1st, 2023 when he must return to our home country. I am admitted to a Canadian post-secondary institution and wish to stay behind to attend school as an international student.

You were admitted to a program but have not yet started? When is the normal start time, in the fall?

Apart from the other advice (which I don't disagree with), you may want to contact Foreign/Global Affairs, whatever department deals with diplomats and families and the embassies. While they will may not be able to directly assist with the student visa part, they will surely have seen cases of diplomats' family members remaining for some time afterwards (eg as visitors). And I'm certain the scenario of children beginning university programs while at post and then remaining to finish their degrees is not at all rare.

Again - once your spouse leaves (or some shortish period of time afterward), it will basically stop being a Global Affairs/diplomatic accreditation matter, i.e. only IRCC, but it's still not an uncommon scenario that they will have seen before. (And unless relations are very bad, probably not difficult to arrange)

 

[hzakari]

You were admitted to a program but have not yet started? When is the normal start time, in the fall?

Apart from the other advice (which I don't disagree with), you may want to contact Foreign/Global Affairs, whatever department deals with diplomats and families and the embassies. While they will may not be able to directly assist with the student visa part, they will surely have seen cases of diplomats' family members remaining for some time afterwards (eg as visitors). And I'm certain the scenario of children beginning university programs while at post and then remaining to finish their degrees is not at all rare.

Again - once your spouse leaves (or some shortish period of time afterward), it will basically stop being a Global Affairs/diplomatic accreditation matter, i.e. only IRCC, but it's still not an uncommon scenario that they will have seen before. (And unless relations are very bad, probably not difficult to arrange)

The program will start in September 2023, for a postgrad diploma.

 

[hzakari]

You can apply from within Canada but usually have to send your application abroad to be processed. Usually people send the application to the US. When does your program start. What type of program? How long is the program? What is your education and work history? It does make a difference whether you’re doing a PhD or a diploma from a college. Your application won’t be processed fir the summer session and may not even be processed by the fall session. Why can’t you return home while you wait to hear if you’ve been approved for a study permit. The fact that you have remained in Canada likely weakens your application because you will need to prove that you will return to your home country after finishing your program and that you have strong ties to your home country. What country are you from? Have you applied for PR?there seems to be some previous posts about sponsoring family.

program starts in September, for a postgrad diploma from a college. why won't my application be priocessed in summer or fall?

 

[hzakari]

Q1: Yes, you can submit the study permit while you're in Canada. No, you won't have to leave Canada. In case your country issued you a diplomatic passport, you will have to use a regular passport to apply for a study permit.
https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=483&top=15

Q2: Good question. You may have to apply for two separate things: the study permit and an extension of your visitor status, as I don't believe the former will grant you implied status, but the latter will. Someone can correct me if I'm wrong.

If you do need the extension: Apply for the extension no later than April 30th, ASAP if you must--IRCC recommends at least 30 days. You're cutting this very close.

https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/extend-stay/apply.html

Diplomats don't need/get a visa, rather a diplomatic passport. can one apply for an extension when no visa was granted in the first place?

 

[scylla]

Diplomats don't need/get a visa, rather a diplomatic passport. can one apply for an extension when no visa was granted in the first place?

Apply for a visitor record: https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/extend-stay.html

 

[armoured]

The program will start in September 2023, for a postgrad diploma.

You have time then. Again, try protocol or relevant dept at global affairs. Don't know policies of your home government, but GAC may want/require you to switch to regular passport.

 

[canuck78]

Apply for a visitor record: https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/extend-stay.html

Pretty sure they would need to reenter on their civilian passport

 

[canuck78]

program starts in September, for a postgrad diploma from a college. why won't my application be priocessed in summer or fall?

Time is too tight to get approved for summer and it may be too tight for fall admission. It often takes many months to get approved and given the strike it could take much longer. Are you in Canada on a diplomatic passport? If not what type of permit do you have? One of the requirements to get a study permit is to provide proof that you will return home after your studies so it would likely be better to apply from your home country.