Visitor visa (asked for extension) stuck in Canada - want to apply for study permit

[Ajkan]

Hi,
I need some advice on a weird case here.

I have a friend that has been here in Canada since December 2019 on visitor status (visitor Visa).
She got a letter of acceptance from a university and applied for a study permit by mail (NYC VAC) on March 14th, NYC office got the papers on March 20th (the same day that they shutdown everything). We haven't heard back from them (although we made multiple follow-ups).
Her status was going to be expired so we applied for a visitor extension on May 10th and still waiting for the result (applied online).
After almost 4 months, NYC reached out and said they cannot process the paper application as everything's closed in there and they're gonna return it without processing it.
Now after deferring the offer from university once we're stuck without a study permit. (offer is deferred to September semester)

She can't leave the country. (COVID-19 pandemic and all!!)
If we apply online, it asks where are you residing and if you're here in Canada you should say Canada. Then the wizard finds her ineligible to apply online. If we chose a different country to be eligible, it'd be lying, especially that there's an active CIC case for an extension inside Canada.
No VFS/VAC office in the world is accepting the study permit application, so she can't send a paper application.

What do you suggest? any ideas?

Thank you

 

[primaprime]

You can't apply for a study permit from inside of Canada as a visitor. She would have to leave Canada. The pandemic is not stopping her from leaving.

 

[Ajkan]

Talked to IRCC customer care yesterday and they said they understand the situation and he said something in the line of in the online wizard select your country of residence as her own country (even though she's here in Canada) just to be eligible to apply online and explain everything honestly in the letter of explanation. I'm a bit suspicious of this move, as it can backfire badly. He said we understand this is not normal times and it mostly depends on the case officers but they can be understanding in this difficult time too...

I know I should get what he said with a grain of salt, but can't stop thinking of that option. any similar experiences?

 

[canuck78]

You can't apply for a study permit from inside of Canada as a visitor. She would have to leave Canada. The pandemic is not stopping her from leaving.

You don’t have to be outside Canada. You need to send your application outside Canada.

 

[canuck78]

Talked to IRCC customer care yesterday and they said they understand the situation and he said something in the line of in the online wizard select your country of residence as her own country (even though she's here in Canada) just to be eligible to apply online and explain everything honestly in the letter of explanation. I'm a bit suspicious of this move, as it can backfire badly. He said we understand this is not normal times and it mostly depends on the case officers but they can be understanding in this difficult time too...

I know I should get what he said with a grain of salt, but can't stop thinking of that option. any similar experiences?

That is the right advice and that’s what your friend did the first time by sending the application to NYC.

 

[Ajkan]

That is the right advice and that’s what your friend did the first time by sending the application to NYC.

Thank you,
So, do you think it's safe for her to apply online and chose a different country as her current residence, even though she's currently here in Canada? (Explaining everything honestly in the letter of explanation, of course)

 

[107658]

Yeah .. I called IRCc yesterday and they told me the same thing that we can't apply for a student permit from inside Canada with a visitor status

 

[Ajkan]

Yeah .. I called IRCc yesterday and they told me the same thing that we can't apply for a student permit from inside Canada with a visitor status

Did they give any suggestions like the one I got from them to select a different country in the wizard?

 

[107658]

No. They only told that you need to go out of the country and make a new application.

 

[canuck78]

Yeah .. I called IRCc yesterday and they told me the same thing that we can't apply for a student permit from inside Canada with a visitor status

That’s incorrect advice.

 

[Ajkan]

That’s incorrect advice.

What are the other options?

 

[primaprime]

It seems debatable that you can apply while physically inside Canada and be treated as an outland applicant. But it is clear as day that you cannot apply as an inland applicant.

 

[canuck78]

What are the other options?

You can apply for a student permit from Canada but you must send your application outside Canada. Most send their apppication to the US and I believe specifically LA.

 

[canuck78]

It seems debatable that you can apply while physically inside Canada and be treated as an outland applicant. But it is clear as day that you cannot apply as an inland applicant.

Nobody can apply as an inland applicant. You can apply from Canada. It is harder to prove you will return to your home country when you are already in Canada. You will have to land if you get the study permit. Before covid people would flagpole at thr border.

 

[scylla]

Nobody can apply as an inland applicant. You can apply from Canada. It is harder to prove you will return to your home country when you are already in Canada. You will have to land if you get the study permit. Before covid people would flagpole at thr border.

Technically incorrect. There are actually several circumstances that allow someone to submit an inland application. Specifically:

• 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