attempting a pr while on a study visa

[navinvr]

hi

im planning to do a 2 yr post graduate diploma at a community college and look to securing a pr as well. Detailing out my plan of action below. Request you to advice if this is feasible / viable or suggest any alternatives.

1 move to canada as a student in sept 09 for a 2 yr pg course
2 apply for a pr by january 2010
3 move my spouse to canada in Q1 of 2010 on a visitors visa and obtain a work permit


my questions are below

1. As i have 7 yrs of work exp and this falls under skill level 1 can i apply for a PR......
- As soon as my course commences
- 12 months from landing in canada
2. can i apply for a PR from canada or would i have to travel back to my home country to do so
3. how long would the PR process take in both cases?
4. I am doing a 4 semester course assuming the course duration to be 18 months. What is the tenure of work permit i would get after completing the course

 

[professional 1]

Dear navinvr,

am not sure if you are familiar with the two immigration programs which might apply to your immigration category, (federal skilled workers) and (canadian experience class). however, it appears that you intend to immigrate under the FSW category the (points system).

at first i will answer your questions :

you can apply under the FSW category after one year of living here in canada legally as an international student.(as long as you don't have the eligibility to apply under the 38 list of jobs announced by the minister or arranged employment offer).


your second question : yes you can apply from within canada after 12 months (legally). however, your application will be transfered upon your request to buffalo NY at the second stage of your application. because according to the immigration rules you can send your application to the visa office responsible on processing applications of your country of nationality or your country of residence (country of residence means the country that you have legally lived in for at least 12 months before submitting your application).(and buffalo NY. is the visa office responsible on processing applications that belong to poeple who live in canada along with the USA).

how long would the PR process take in both cases : no one knows exactly because it depends on each case individually,and i think under the new rules, normal processing time would be the same around the world.


in regard to your last question : if you study for 4 semesters it means that you will finish 16 months which means 2 academic years so your work permit will be the same exactly as your period of study which means 2 years of post graduation work permit and this case the 2 years of your work permit will be 24 months not 16.

 

[navinvr]

thank you for your prompt response.

My second set of questions revolve around taking my spouse along with me when i go to study.

People i have consulted out here in india seem to suggest that i dont have my spouse apply while i apply for my study permit as the chances of visa rejection increase, rather have my spouse apply for a visitors visa at a later date say in 3-6 months and apply for a work permit.

Request your advice on the best way forward

Best regards
Navin

 

[professional 1]

usually there is no difference if you apply as a single or with your accompany (spouse) because you are the principal applicant so they will put all of their concentration on you while processing your application. it means that if you are eligible for the visa as a result your accompany spouse or dependents will be eligible too.


the second thing is that you will take the advantage of getting work permit for your accompanying spouse for the same period of time as your study permit then your spouse will have the chance to support some of your expenses in canada (believe me man living expenses and tuition fees are very expensive here in canada especially for international students.

 

[navinvr]

but tell me something....leaving a spouse back in india will be proof to them that i have an interest to return by to my country of nationatility vis a vis...taking my spouse along which means i would have to answer that many more questions during the visa process.

While i dont think it should be that difficult getting a visitors visa at a later date and converting it assuming living and studying expenses are not a constraint.

Your views please.

 

[professional 1]

if you want to leave your spouse at first as a proof that you will leave canada after the authorized period, it will not be a guaranty that you will get the visa because leaving your spouse is not the main evidence of your ties in your country (i know that no one can give you the exact answer except of the visa officer in the embassy when you apply but am trying to give you my experience in that case).

at first you have to be prepared for any decision about the visa from the embassy because they state clearly that if you submit all of the required documents as they want exactly, it doesn't mean that the visa is guaranteed. however, i noticed that they usually put most of their attention on your job i don't know why! it is very important to show them your employment history especially at the time of your application.


if you prefer to bring your spouse later to canada at least don't forget to apply for her visa as an accompany to you it means that she will write in her application that the main reason for going to canada is to accompany you (to get her visa same as yours in the period and to work here in canada during your period of study)