Applying for PR in FSW after approved study permit

[deargupt]

Hi,

I have an approved study permit application for MBA (2 years ) and would be getting visa in hand by April end. Classes start in August.
I plan to put in PR application in FSW program in May 2014 ( if it happens and my NOC appears).
Ideally, I want to study while the PR processing continues in parallel.

Do you think that any of these scenarios is possible when the PR application comes up for processing while the study application is already approved -

a) The study visa gets cancelled before I travel in Aug as the study permit application was filed first with an intention to study while I filed for PR later.
b) Can I be denied study permit at the POE in Canada on above grounds while the PR application stays in force?
c) Can both study and PR application be cancelled on above grounds?

Any other pitfall you can see in this approach ? Thanks

 

[scylla]

There are no issues with what you are proposing to do. You can certainly hold a study permit while applying for FSW. And if th study permit has already been approved, it's not going to be canceled just because you submitted a FSW application.

The only issue with your plan is that it's quite unlikely FSW is going to reopen this year due to the introduction of the EOI program in January 2015.

 

[deargupt]

Thank you

 

[rayani]

Scylla has rightly said that FSW program is going to open in January 215 with a completely new Expression of Interest (EOI) system. So you wont be apply for Canadian permanent residence before you fly to Canada to stray your education.

You might consider looking into the Nova Scotia PNP immigration program which is accepting applications without job offer.

http://news.visato.com/canada/nova-scotia-introduces-new-immigration-program-skilled-professionals/20140319/

Good luck with your studies in Canada and your plans to immigrate to Canada.

 

[deargupt]

Hi - The FSW 2014 program is open and my category is in it. All my documents are ready and I plan to send them on 2nd May.
I expect to get study visa in hand by end of May. Once more for my peace of mind , I ask the same question. Do you think if FSW application gets into processing before study visa is issued or after study visa is issued , can there be any complications due to dual intent ?
I still plan to go for study in Aug and PR processing can go in parallel.

 

[KaiSet]

Hi deargupt,

Did you found the answer for your question?
I'm too, interested in this matter.

Does anyone knows if it's no problem?

 

[Diplomatru]

I would suggest getting SP first because the condition on which it is granted requires you to return to your country of residence after finishing your studies. It strikes me that your application for PR identifies you as an aspiring immigrant, which can put justified doubts in mind of the VO and as such trigger a refusal of temporary status in Canada.

 

[deargupt]

I hope to get study acceptance letter shortly since medicals have been passed last Friday. I have also applied for FSW and my application has been received on 8th May. I am hoping that I can get study visa before the FSW file gets processed. If it happens in this order, I think max I can be challenged by VO at POE for dual intention but provided I have financial proofs and documents in place, this should not be any problem. The reverse order can be tricky . Fingers crossed, though !

 

[KaiSet]

I agree with you Diplomatru. Not sure though if I wait until I'm at Canada to apply for FSW, don't to get refused at the borders. I'm kinda scared to waste more and more time.

Hey deargupt, good luck mate, hope you can make it.

 

[deargupt]

I will have study visa in hand this week. Going by the trend of CC charging , my FSW14 application should also get processed with in 1-2 weeks. The VO is New Delhi. I plan to go on MBA study in end of Aug as planned. My query is if the FSW application goes through post my travel to Canada for study , do I definitely need to come back to India for stamping ? If I have to take a leave from University for PR stamping lets say for a month , can the university cancel my admission altogether OR what other options University has ?

Finally,can the FSW file be transferred on request from NDVO to embassy in Canada? In that case, PR processing can happen while I am doing the course in Canada - ideal condition to be in

Thanks for your advice.

 

[meagan99]

I will have study visa in hand this week. Going by the trend of CC charging , my FSW14 application should also get processed with in 1-2 weeks. The VO is New Delhi. I plan to go on MBA study in end of Aug as planned. My query is if the FSW application goes through post my travel to Canada for study , do I definitely need to come back to India for stamping ? If I have to take a leave from University for PR stamping lets say for a month , can the university cancel my admission altogether OR what other options University has ?

Finally,can the FSW file be transferred on request from NDVO to embassy in Canada? In that case, PR processing can happen while I am doing the course in Canada - ideal condition to be in

Thanks for your advice.

if at the entry point of canada, officer feels that you will not return (you applied for PR so you have intention to stay) then officer has full right to deny you entry into Canada and you cannot challenge that officers decision.

first time you have 90 percent chance that you get through. if you come back in between the studies and your TRV (commonly known as study visa when trv is for studies. i am not talking about study permit) expires, then you will have to apply for trv but then you have about 50-50 chance that study permit will be denied even if studies are in between.

my suggestion is that you should not leave canada after entering. if you need to leave then make sure that you have TRV valid to the date of your return.

when VO issues TRV then he has to write in his record that he feels that you will leave Canada after study, but if you applied for PR then how can VO feel that you will leave canada after study, then he starts clubbing you to prospective immigrant section, then trouble starts. if very lucky then you may get trv, if less lucky then trv after through interview, otherwise denied visa.

TRV (temporary resident visa) is required for entry into canada, study permit is required for studying in canada. when we apply for study permit in india. then we are automatically issued TRV and a letter, on showing this letter at entry point of Canada we are then granted study permit by officer who mainly works with border control force. (airport is also a border inspection point)

 

[deargupt]

Thanks. As I am entering into a 2 year post graduate course starting Aug'14 , I expect TRV visa to be issued from Aug '14 to June'16 and therefore TRV expiry and subsequent re-application issue should not be a problem.

Also, on a different line , I think that if I leave Canada to get passports stamped for PR in New Delhi (if it is really needed to do so) , NDVO would cancel my existing TRV , issue COPR with new TRV and I would than be a landed PR. Subsequently, I can continue with my studies at domestic applicant tuition fees and there should not be any need of study permit as well.

Regarding visa officer's concern on POE, if I have sufficient funds and I explain honestly that if the PR materializes, I intend to stay and if it does not , than I shall be leaving the country , it can work but as you rightly said he has full right to deny entry. It is a calculated risk here. Dual intention is acceptable provided there are sufficient proofs and the VO is convinced that the student will return on TRV expiry if PR is denied.

 

[deargupt]

Got study visa valid till July 16 with visitor visas for spouse and kids . Thanks to all. It remains to be seen what happens when the FSW14 PR application comes into processing shortly. Seniors, can you please give your comments on my original question - do I need to DEFINATELY come back to New Delhi VO for getting PR Visa/COPR OR can the PR processing be done within Canada while I am studying ?

 

[Msimms]

after reading all these post im still confused, i was accepted to a school in quebec but since the new FSW has opened up i want to apply for PR, to study in quebec a CAQ is need, should i push back my acceptance to january and apply for FSW? Since the CAQ seems to take awhile bcause it is needed in order to apply for the study permit, so can someone shed some light