Spouse's inland PR application while on study visa, what happens if you stop studying?

[Anthony Fanshaw]

Hello. My wife is on Canada on a study visa. We are recently legally married and will have no problem showing the genuiness of our relationship, which started before she came to Canada as I visited her in her country several times. If we submit an inland PR application before the end of her studies, I have two questions: 1) must she maintain her student status for the duration of the application process, or does she have automatic status in Canada once we receive acknowledgment of receipt, even if she exits her educational program? 2) Are applicants on study visas waiting for PR offered the same opportunity as applicants on tourist visas, to apply for an open work permit as soon as we receive the AOR?

Thank you!!

 

[Justme221]

even though you are to maintain your status. If she passes to the eligibility stage she’s fine . You can submit for OWP as soon as you get the Aor.

 

[Anthony Fanshaw]

Hi, thanks, you wrote "even though you are to maintain your status." I'm sorry I did not quite understand, maybe there's a word missing. Did you mean that yes, she must maintain her status as a student after completing the application? If so, must she maintain it up until AOR? Right up until receiving (hopefully) an OWP? Or right up until PR is hopefully granted? Thanks!

 

[Justme221]

When is the visa running out? . Before visa runs out make sure you put in OWP with the Aor

 

[YVR123]

applying for spousal sponsorship will not give her implied status. Applying for the OWP will but you can only apply for OWP after AOR.
So she needs to maintain her studies OR apply to extend her status as visitor (cannot work) if she stops to study.

And if any chance the OWP application is returned (incomplete/missing form...etc) she could be out of status.

As long as she has a valid status (student or visitor), she can apply for OWP once she got AOR.

 

[canuck78]

applying for spousal sponsorship will not give her implied status. Applying for the OWP will but you can only apply for OWP after AOR.
So she needs to maintain her studies OR apply to extend her status as visitor (cannot work) if she stops to study.

And if any chance the OWP application is returned (incomplete/missing form...etc) she could be out of status.

As long as she has a valid status (student or visitor), she can apply for OWP once she got AOR.

Would add that if you stop studying your school is supposed to notify IRCC so you can lose your student permit. Safest thing to do is to study until you have an OWP

 

[Anthony Fanshaw]

applying for spousal sponsorship will not give her implied status. Applying for the OWP will but you can only apply for OWP after AOR.
So she needs to maintain her studies OR apply to extend her status as visitor (cannot work) if she stops to study.

And if any chance the OWP application is returned (incomplete/missing form...etc) she could be out of status.

As long as she has a valid status (student or visitor), she can apply for OWP once she got AOR.

Thanks for this. I will try to find out how long the wait is currently for AOR in Quebec so we can try to plan ahead. For as long as she's studying before eventually (hopefully) getting PR, she's paying international tuition which is a killer for us. We were thinking: she studies for a semester, while we prepare and put in the application, then when she gets AOR she puts the studies on pause and works once she gets OWP, then when she gets PR she finishes her program. (She wasn't able to come on a visitor visa, it's difficult from her country as so many are seeking to come to Canada as economic refugees, which is not her case at all.)

 

[canuck78]

Thanks for this. I will try to find out how long the wait is currently for AOR in Quebec so we can try to plan ahead. For as long as she's studying before eventually (hopefully) getting PR, she's paying international tuition which is a killer for us. We were thinking: she studies for a semester, while we prepare and put in the application, then when she gets AOR she puts the studies on pause and works once she gets OWP, then when she gets PR she finishes her program. (She wasn't able to come on a visitor visa, it's difficult from her country as so many are seeking to come to Canada as economic refugees, which is not her case at all.)

She would have to study until she gets AOR from the OWP not the PR. It takes much longer to get PR in Quebec so be prepared. Was fall 2023 her first semester? Had she not shown enough funds for at least the first year or studying? Assume she didn’t mention having a longterm partner in her study permit. Had you lived together before coming to Canada and how long have you been living in Canada? How did you get status? Did you visit each other during your time apart?

 

[Anthony Fanshaw]

Hi, is the extra wait in Quebec before AOR, between AOR and OWP, or between OWP and PR? She showed adequate funds, she has them but it's a loan that she would have to repay if she doesn't return to her country so we were thinking of deferring the rest of the studies if there was a chance she could get PR and finish up with domestic tuition, and repay the loan more easily if she didn't return, because she wouldn't have spent some of it. No, we hadn't lived together before her coming to Canada and so our relationship was not disclosed on her study permit application. For demonstrating validity of the relationship we have 5 visits documented between us, mostly to her country but also to a 3rd country, before her arrival, and we can give them a huge folder of romantic messaging from before her arrival. (Will it be a problem that she didn't disclose a relationship in the study permit application?)

 

[Ponga]

even though you are to maintain your status. If she passes to the eligibility stage she’s fine . You can submit for OWP as soon as you get the Aor.

Not if she has lost her status before reaching the AoR stage. She would then need to wait for AIP.

 

[armoured]

Right now we are waiting for her restoration of status to be processed and also waiting for her PR application (AOR June 27). My question: Do you believe that the fact that she is not currently working (and waiting for status) will lead IRCC to deny her PR application? Have you ever seen such a situation? Thank you all so very much for your help!

REPEAT: nothing to do with spousal or family sponsrship. Post in an appropriate forum, please.

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