Applying for study permit while outland PR is in progress

[Mjg0503]

My wife (Canadian) and I (American) have already submitted my outland application for spousal sponsorship to Canada. We are currently living together in South Korea and working as teachers. The application was received Sept 30 so obviously no AOR and don't expect one for a long time.

Since submitting our applications, we've been kicking around the idea of pursuing graduate studies in Canada when we leave Korea. We would be planning to leave here around July 2021 and enter Canada in July or August 2021 to start as students. Nothing is set in stone yet, but we'd like to know how to proceed regarding my immigration status.

With the current processing delays, I don't expect that my PR will be approved by August 2021, though I suppose it is possible if things speed up significantly. If not, I know I can enter Canada as a visitor for 6 months as a US citizen, and that since we are married, I would be able to enter even under COVID regulations, though I'd need an electronic travel authorization. Under this plan, I had planned to enter under dual intent (visitor, but will stay once PR is approved. Will leave if not).

We submitted the application package before we started talking about studying in Canada. As of now, our intent to return includes some inquiries we've made about jobs via email, a note from our current employer in Korea saying she is aware we will leave once PR is granted, and a letter from her father who says that we can stay with him indefinitely when we arrive while we search for work. Her father lives in a different province than where we are currently considering applying to graduate school, but his address is where we listed as the place we intend to reside once PR is approved.

So, a few questions:
1) Can I apply for a study permit while my PR app is in progress?
2) If I get a medical for the study permit, can this medical also be used for my PR application even if that hasn't been requested yet? Ditto for biometrics. This stuff is very expensive and time consuming, so want to avoid doubling up on it.
3) Would I have to do anything differently at the PoE if we went the study permit route?
4) Would I need to update my PR application as to the details of our Canada plans? By the time IRCC opens the package in a few months, what they see may very well be out of date. If update is needed, how would I go about this? Web form? Without a UCI or app number, not sure how to proceed.

Thank you so much for any insight!

 

[Laurahd]

My wife (Canadian) and I (American) have already submitted my outland application for spousal sponsorship to Canada. We are currently living together in South Korea and working as teachers. The application was received Sept 30 so obviously no AOR and don't expect one for a long time.

Since submitting our applications, we've been kicking around the idea of pursuing graduate studies in Canada when we leave Korea. We would be planning to leave here around July 2021 and enter Canada in July or August 2021 to start as students. Nothing is set in stone yet, but we'd like to know how to proceed regarding my immigration status.

With the current processing delays, I don't expect that my PR will be approved by August 2021, though I suppose it is possible if things speed up significantly. If not, I know I can enter Canada as a visitor for 6 months as a US citizen, and that since we are married, I would be able to enter even under COVID regulations, though I'd need an electronic travel authorization. Under this plan, I had planned to enter under dual intent (visitor, but will stay once PR is approved. Will leave if not).

We submitted the application package before we started talking about studying in Canada. As of now, our intent to return includes some inquiries we've made about jobs via email, a note from our current employer in Korea saying she is aware we will leave once PR is granted, and a letter from her father who says that we can stay with him indefinitely when we arrive while we search for work. Her father lives in a different province than where we are currently considering applying to graduate school, but his address is where we listed as the place we intend to reside once PR is approved.

So, a few questions:
1) Can I apply for a study permit while my PR app is in progress?
2) If I get a medical for the study permit, can this medical also be used for my PR application even if that hasn't been requested yet? Ditto for biometrics. This stuff is very expensive and time consuming, so want to avoid doubling up on it.
3) Would I have to do anything differently at the PoE if we went the study permit route?
4) Would I need to update my PR application as to the details of our Canada plans? By the time IRCC opens the package in a few months, what they see may very well be out of date. If update is needed, how would I go about this? Web form? Without a UCI or app number, not sure how to proceed.

Thank you so much for any insight!

1) Yes, you can. You can apply for temporary residence while you have or will apply for permanent residence: it is called dual intent (IRPA subsection 22(2))
2) Yes. In such a case, you would submit an upfront medical exam for your APR. You can submit your medical exam results via WebForm. If your physician used eMedical, there is a form they gave you that you can submit to IRCC. Just bear in mind that in case the process is not completed while your results are valid, you may receive a request to redo your medicals.
3) Do you have your letter of acceptance from a DLI? When you say "Would I have to do anything differently at the PoE", do you mean regarding your intention to apply inside Canada or you are planning to apply at POE?
As an American citizen, you can apply for a study permit at POE. You need to meet all the eligibility requirements, including the letter of acceptance. You will also need:
- Upfront medical exam
- Passport copy
- Proof of financial support (see the IRCC website for the current LICO)
- Two passport photographs (as specified on IRCC website)
- Application form
- Any other relevant supporting documents (perhaps include a cover letter that would explain your situation, how you will respect the conditions of a temporary resident while you have a PR application pending, reasons why you want to study in Canada, etc.)
4) Any contact details update should be submitted via WebForm. You can do it after you receive your UCI or application number.

 

[Mjg0503]

1) Yes, you can. You can apply for temporary residence while you have or will apply for permanent residence: it is called dual intent (IRPA subsection 22(2))
2) Yes. In such a case, you would submit an upfront medical exam for your APR. You can submit your medical exam results via WebForm. If your physician used eMedical, there is a form they gave you that you can submit to IRCC. Just bear in mind that in case the process is not completed while your results are valid, you may receive a request to redo your medicals.
3) Do you have your letter of acceptance from a DLI? When you say "Would I have to do anything differently at the PoE", do you mean regarding your intention to apply inside Canada or you are planning to apply at POE?
As an American citizen, you can apply for a study permit at POE. You need to meet all the eligibility requirements, including the letter of acceptance. You will also need:
- Upfront medical exam
- Passport copy
- Proof of financial support (see the IRCC website for the current LICO)
- Two passport photographs (as specified on IRCC website)
- Application form
- Any other relevant supporting documents (perhaps include a cover letter that would explain your situation, how you will respect the conditions of a temporary resident while you have a PR application pending, reasons why you want to study in Canada, etc.)
4) Any contact details update should be submitted via WebForm. You can do it after you receive your UCI or application number.

Thank you so much for this detailed information. Even with COVID, it is still possible to apply for a study permit at a point of entry? I should be able to gather all those documents. It would be great if I can submit my medical via webform to IRCC for the PR application too. It's also possible (even likely) that I'll be able to get the medical for the PR application done before arriving in Canada. I assume that by July of next year, when I plan to come to Canada to study, IRCC will have already asked for it for the PR application. In that case, can I just ask for multiple copies at the time of the medical, and submit one as my upfront medical with the study permit?

One last question: How long does it take for IRCC to process the study permit when I apply at PoE? I would be wanting to start school in August 2021 (one month after arriving). Do they just issue it on the spot as long as they are happy with your documents? Or do they grant entry as a visitor and inform you later?

Thank you so much for your time and help.

 

[canuck78]

Thank you so much for this detailed information. Even with COVID, it is still possible to apply for a study permit at a point of entry? I should be able to gather all those documents. It would be great if I can submit my medical via webform to IRCC for the PR application too. It's also possible (even likely) that I'll be able to get the medical for the PR application done before arriving in Canada. I assume that by July of next year, when I plan to come to Canada to study, IRCC will have already asked for it for the PR application. In that case, can I just ask for multiple copies at the time of the medical, and submit one as my upfront medical with the study permit?

One last question: How long does it take for IRCC to process the study permit when I apply at PoE? I would be wanting to start school in August 2021 (one month after arriving). Do they just issue it on the spot as long as they are happy with your documents? Or do they grant entry as a visitor and inform you later?

Thank you so much for your time and help.

No you can't apply for study permit at thr POE due to covid. That may change by the time you plan on arriving but it iw impossible to say.

You should be getting ready to apply for schools after January. It can take quite a while to get an approval/refusal esepcially if a class is relatively small like for many masters programs. You should also be upfront with your school that you are in the process of applying fpr PR and may be a domestic student for part or all of your education.

 

[Laurahd]

Thank you so much for this detailed information. Even with COVID, it is still possible to apply for a study permit at a point of entry? I should be able to gather all those documents. It would be great if I can submit my medical via webform to IRCC for the PR application too. It's also possible (even likely) that I'll be able to get the medical for the PR application done before arriving in Canada. I assume that by July of next year, when I plan to come to Canada to study, IRCC will have already asked for it for the PR application. In that case, can I just ask for multiple copies at the time of the medical, and submit one as my upfront medical with the study permit?

One last question: How long does it take for IRCC to process the study permit when I apply at PoE? I would be wanting to start school in August 2021 (one month after arriving). Do they just issue it on the spot as long as they are happy with your documents? Or do they grant entry as a visitor and inform you later?

Thank you so much for your time and help.

As indicated above, the current COVID-19 guidelines do not allow you to apply at POE, but as I understood that you were not applying now, I just gave you the general eligibility requirements for POE study permit application. Do check closer to the date you want to start your course as the guidelines may change by then.

Regarding your medicals, you can simply use the form that the doctor gave you (probably PDF format) and submit it as a webform for your PR application. No harm in asking several copies but the copy that has is related to your results, you won't get it on the spot which is why I think the clinic will send it to you by email.

Processing times: we can't really tell for now. Due to the current situation, always expect longer delays as even IRCC states that their website is not always updated with the current processing delay.

 

[Mjg0503]

As indicated above, the current COVID-19 guidelines do not allow you to apply at POE, but as I understood that you were not applying now, I just gave you the general eligibility requirements for POE study permit application. Do check closer to the date you want to start your course as the guidelines may change by then.

Regarding your medicals, you can simply use the form that the doctor gave you (probably PDF format) and submit it as a webform for your PR application. No harm in asking several copies but the copy that has is related to your results, you won't get it on the spot which is why I think the clinic will send it to you by email.

Processing times: we can't really tell for now. Due to the current situation, always expect longer delays as even IRCC states that their website is not always updated with the current processing delay.

Thank you for the helpful advice, both of you! I just sent in my application for the program now. They say that they will reply with a decision by May at the latest. It's likely by then I'll have done my PR medicals and can just use them. Hopefully if the schools takes until May to give me a decision, that is enough lead time for applying for the study visa for a September 2021 start date.

In the event I'm still waiting for my study visa in July, I'm still ok to enter Canada as a visitor, correct? I'm an American citizen and would be entering with my Canadian wife.