Questions regarding changing visa from visitor to study permit..

[fahad01]

Hi
I have some questions regarding changing my visitor visa to study permit. I am currently in Canada and the only way for me to apply for study permit within Canada is to study prerequisite course, which leads me to the main course. I have some questions regarding that:

1-Do I have to have study permit to study prerequisite course? because according to a university I am contacting I have to have one. This contradicts what in IRCC website, which says that I do not need study permit for less than 6 month course!.

'People who don’t need a permit to study in Canada

Most foreign nationals need a study permit to study in Canada. The cases below are exceptions.

Short-term studies (6 months or less)
You can study at any school in Canada without a study permit if:

• your course or program lasts 6 months or less
• your studies aren’t part of a longer program and
• you’ll complete all your studies within the time we approved you to stay in Canada (usually 6 months after you enter)

If you’re taking prerequisite courses, you should get a study permit, even if the courses are less than 6 months long. If you don’t, you’ll have to apply for a study permit before you can start your full study program. Depending on processing times, you may not get it in time to start your studies.'

also this tool (https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/study-permit-tool.html)

also a web page from Canadavisa.com here (https://www.canadavisa.com/pathway-programs.html)

2-Can I change my study permit in Canada if I can enroll in the main course ?
3-What is a possible way to apply for study permit in my case?

thank you very much

 

[k.h.p.]

1. IRCC says you don't need a permit for a course that is less than six months.

HOWEVER, a pre-requisite course seems to me to be "part of a longer program" and if it leads to other studies, you will not complete all your studies within the six months approved.

Further, if the university has decided you need a study permit, you need to convince them, not IRCC.

2. Don't know what you're asking here. If you're asking if you can get a study permit for the pre-requisite and then apply to extend it based on a new admission, yes you can.

3. Depends on what you want to do.

 

[fahad01]

1. IRCC says you don't need a permit for a course that is less than six months.

HOWEVER, a pre-requisite course seems to me to be "part of a longer program" and if it leads to other studies, you will not complete all your studies within the six months approved.

Further, if the university has decided you need a study permit, you need to convince them, not IRCC.

2. Don't know what you're asking here. If you're asking if you can get a study permit for the pre-requisite and then apply to extend it based on a new admission, yes you can.

3. Depends on what you want to do.

thanks for replying

for question 2, I meant can I apply for study permit within Canada to enroll in the main course (without taking prerequisite course)?
because, according to the university, I can but not sure if they know the law precisely.

thank you

 

[k.h.p.]

thanks for replying

for question 2, I meant can I apply for study permit within Canada to enroll in the main course (without taking prerequisite course)?
because, according to the university, I can but not sure if they know the law precisely.

thank you

I don't quite know what you're saying.

From what I understood:

- You want to take the pre-requisite and were told you need a study permit for it
- The university told you that you need a study permit
- Since the pre-requisite isn't six months long, you thought you didn't need a study permit

If what you're asking is:

- Can I apply for a study permit that covers the pre-requisite AND the full course of study

Yes, you can, but your admissions letter needs to specify everything you've been admitted to

If you're asking:

- Can I apply for a study permit for only the full course of study and take the pre-requisite without a study permit

Then the answer is more along the lines of how the university sees the course and their requirements. If they are asking you to get a study permit before any studies at all, quoting the law at them may not work, as they may see the pre-requisite part of the overall course you're admitted to. In that case, you do need the permit for everything.

 

[k.h.p.]

If you're asking:

- Can I apply for a study permit for the main course, get it, and then ask for it to be modified to allow me to study the pre-requisite

That may be very difficult

 

[fahad01]

I don't quite know what you're saying.

From what I understood:

- You want to take the pre-requisite and were told you need a study permit for it
- The university told you that you need a study permit
- Since the pre-requisite isn't six months long, you thought you didn't need a study permit

If what you're asking is:

- Can I apply for a study permit that covers the pre-requisite AND the full course of study

Yes, you can, but your admissions letter needs to specify everything you've been admitted to

If you're asking:

- Can I apply for a study permit for only the full course of study and take the pre-requisite without a study permit

Then the answer is more along the lines of how the university sees the course and their requirements. If they are asking you to get a study permit before any studies at all, quoting the law at them may not work, as they may see the pre-requisite part of the overall course you're admitted to. In that case, you do need the permit for everything.

I have another option where I can apply for the main course without the need for prerequisite course because I have undergraduate degree, but in this case, according to the law, I shall apply from outside Canada. Surprisingly, the university told me that I can apply for study permit for the main course within Canada, knowing that I have undergraduate degree.

So basically, I have two pathways:
1- study prerequisite without the need for study permit where the law says yes and university says no (in here I'll use my high school certificate to be eligible to study prerequisite course).
2- apply for study permit for the main course directly within Canada, as I have undergraduate degree, where the university says yes I can and law says no I cannot.

I hope it is clear now and sorry for the not making it clear

 

[fahad01]

If you're asking:

- Can I apply for a study permit for the main course, get it, and then ask for it to be modified to allow me to study the pre-requisite

That may be very difficult

I'm not thinking of doing that

 

[k.h.p.]

I have another option where I can apply for the main course without the need for prerequisite course because I have undergraduate degree, but in this case, according to the law, I shall apply from outside Canada. Surprisingly, the university told me that I can apply for study permit for the main course within Canada, knowing that I have undergraduate degree.

So basically, I have two pathways:
1- study prerequisite without the need for study permit where the law says yes and university says no (in here I'll use my high school certificate to be eligible to study prerequisite course).
2- apply for study permit for the main course directly within Canada, as I have undergraduate degree, where the university says yes I can and law says no I cannot.

I hope it is clear now and sorry for the not making it clear

You're still not clear.

If you don't need the pre-requisite, why would you take it?

You can apply for a study permit in Canada if you fit into these categories:

You’re currently in Canada and one of these applies:

• you have a valid study or work permit
• your spouse, common-law partner or parent has a valid study or work permit
• you’re a minor child in primary or secondary school
• you’re an exchange student or visiting student
• you completed a short-term course or study program required to be accepted at a DLI
• you or your spouse, common-law partner or dependent child has a temporary resident permit (TRP) valid for 6 months or more
• you’re being sponsored to immigrate and you already applied for permanent residence (if you’re eligible)
• you or your spouse, common-law partner or dependent child are subject to an unenforceable removal order
• you’re the spouse, common-law partner or dependent child of:
  • an athlete on a team based in Canada
  • a member of the media
  • a member of the clergy
  • military personnel on duty in Canada or
  • an accredited foreign representative

I assume you're a visitor in Canada and you are contemplating taking the pre-requisite to fit under the 5th bullet point (you completed a short-term course or study program required to be accepted at a DLI). You have to be careful that the visa officer doesn't see your pre-requisite as "part of a longer program," in which case you'd be violating a visitor's visa.

In the olden days, people would apply within Canada as if they were outside of Canada. The only risk is if your study permit is called for an interview in your home country.

 

[fahad01]

You're still not clear.

If you don't need the pre-requisite, why would you take it?

You can apply for a study permit in Canada if you fit into these categories:


I assume you're a visitor in Canada and you are contemplating taking the pre-requisite to fit under the 5th bullet point (you completed a short-term course or study program required to be accepted at a DLI). You have to be careful that the visa officer doesn't see your pre-requisite as "part of a longer program," in which case you'd be violating a visitor's visa.

In the olden days, people would apply within Canada as if they were outside of Canada. The only risk is if your study permit is called for an interview in your home country.

yes you got my point. the only way for me to apply within Canada is to fit with the 5th point

If I apply within Canada as if I am outside of Canada, and let's say the study permit got accepted, will I have to fly back home to get it or what is the procedure?