Authorized to study or not-Unclear OWP condition-Common-law Inland

[Kits]

Hi everybody,

I've read different threads in this forum, also, I searched in google, and I haven't been able to find answers for some important questions. I will really appreciate your help.

I am an International student enrolled in my last course which started before I applied for the PR and it will finish in August. Also, my study permit it is still valid until November and I let immigration office know that I am a student, it is in the OWP application. I am the PA in the sponsorship common-law inland application. I already received the AOR and I just received the OWP, but in my OWP there is a condition which says that "unless authorized, prohibited from attending any educational institution, or taking any academic, professional or vocational training course". Also, at the bottom of the document, in Remarks/Observations, it says: "Temporary resident status maintained as per R183(6), Pending FC APR."

Then, I have the following questions.

1. They added the condition "unless authorized, prohibited from attending any education institution..." and, also, in Remarks/Observations, "Temporary resident status maintained as per R183(6), Pending FC APR.". Does this mean that I am authorized to study because I retain my status according to the section 183(6) of the Canada’s Immigration and Refugee Protection Act (IRPA) "the temporary resident retains their status, subject to any other conditions imposed, during the extended period"? Or, am I not authorized because it is subject to any other conditions imposed, but also it says unless authorized? Duh!

2. Is my student permit still valid or not because I got the OWP? I want to know it because I am not sure if I should notify MSP and send my OWP.

I hope you can help me, it is kind of confusing to understand if I retain my status as a student or worker, and if I am authorized to study or not.

Thank you and have a good day

 

[canuck_in_uk]

Hi everybody,

I've read different threads in this forum, also, I searched in google, and I haven't been able to find answers for some important questions. I will really appreciate your help.

I am an International student enrolled in my last course which started before I applied for the PR and it will finish in August. Also, my study permit it is still valid until November and I let immigration office know that I am a student, it is in the OWP application. I am the PA in the sponsorship common-law inland application. I already received the AOR and I just received the OWP, but in my OWP there is a condition which says that "unless authorized, prohibited from attending any educational institution, or taking any academic, professional or vocational training course". Also, at the bottom of the document, in Remarks/Observations, it says: "Temporary resident status maintained as per R183(6), Pending FC APR."

Then, I have the following questions.

1. They added the condition "unless authorized, prohibited from attending any education institution..." and, also, in Remarks/Observations, "Temporary resident status maintained as per R183(6), Pending FC APR.". Does this mean that I am authorized to study because I retain my status according to the section 183(6) of the Canada’s Immigration and Refugee Protection Act (IRPA) "the temporary resident retains their status, subject to any other conditions imposed, during the extended period"? Or, am I not authorized because it is subject to any other conditions imposed, but also it says unless authorized? Duh!

2. Is my student permit still valid or not because I got the OWP? I want to know it because I am not sure if I should notify MSP and send my OWP.

I hope you can help me, it is kind of confusing to understand if I retain my status as a student or worker, and if I am authorized to study or not.

Thank you and have a good day

You applied to change your status to worker, so no, you are no longer a student. If you are still studying, you need to stop.

 

[Kits]

You applied to change your status to worker, so no, you are no longer a student. If you are still studying, you need to stop.

Ok, then, why does immigration agency allows international students with student permit status to apply to the OWP pilot program? It doesn’t make sense.

 

[canuck_in_uk]

Ok, then, why does the government allow international students with student permit status to apply to the OWP pilot program? It doesn’t make sense.

Of course it makes sense. Some people don't want to continue their studies and instead want to work. Or they want to resume studies after becoming a PR when it is significantly cheaper.

 

[russ6970]

By applying for the WP you are essentially asking for a change of status.....student>worker. You cannot be both at the same time

 

[Kits]

Of course it makes sense. Some people don't want to continue their studies and instead want to work. Or they want to resume studies after becoming a PR when it is significantly cheaper.

For you, it makes sense, not for me because I have never read anywhere that they will not allow me to keep studying my last course. It’s kind of obvious if I’m asking for help. Then, how can I know of the condition “unless authorize” to study applies to me? Because if there’s that exception, then, you’re partially answering my question. It's possible to continue studying under that statement.

 

[russ6970]

No it's not possible, you now have a work permit. That's why there are two different visa's.

 

[Kits]

By applying for the WP you are essentially asking for a change of status.....student>worker. You cannot be both at the same time

Yes, I know, but they allow to study under that condition “unless authorized”. That’s my question.

 

[russ6970]

You cannot study. You are not going to be authorized. It's not a grey area, it is black and white.

 

[Kits]

You cannot study. You are not going to be authorized. It's not a grey area, it is black and white.

Thanks! It makes sense. Where can I read about what you’re talking about? Have you ever read this kind of case in this forum?

 

[russ6970]

They have that wording on nearly all visa's. I don't know any official source to give you sorry.

 

[Kits]

They have that wording on nearly all visa's. I don't know any official source to give you sorry.

Ok, thank you!

 

[mashulia_26]

Hi everybody,

I've read different threads in this forum, also, I searched in google, and I haven't been able to find answers for some important questions. I will really appreciate your help.

I am an International student enrolled in my last course which started before I applied for the PR and it will finish in August. Also, my study permit it is still valid until November and I let immigration office know that I am a student, it is in the OWP application. I am the PA in the sponsorship common-law inland application. I already received the AOR and I just received the OWP, but in my OWP there is a condition which says that "unless authorized, prohibited from attending any educational institution, or taking any academic, professional or vocational training course". Also, at the bottom of the document, in Remarks/Observations, it says: "Temporary resident status maintained as per R183(6), Pending FC APR."

Then, I have the following questions.

1. They added the condition "unless authorized, prohibited from attending any education institution..." and, also, in Remarks/Observations, "Temporary resident status maintained as per R183(6), Pending FC APR.". Does this mean that I am authorized to study because I retain my status according to the section 183(6) of the Canada’s Immigration and Refugee Protection Act (IRPA) "the temporary resident retains their status, subject to any other conditions imposed, during the extended period"? Or, am I not authorized because it is subject to any other conditions imposed, but also it says unless authorized? Duh!

2. Is my student permit still valid or not because I got the OWP? I want to know it because I am not sure if I should notify MSP and send my OWP.

I hope you can help me, it is kind of confusing to understand if I retain my status as a student or worker, and if I am authorized to study or not.

Thank you and have a good day

I also wanted to apply for an OWP with my spousal PR application but was told by a consultant that I will no longer be a student if I get OWP. If you receive an OWP you change your status from student to a worker so you must stop with your studies asap

 

[russ6970]

I also wanted to apply for an OWP with my spousal PR application but was told by a consultant that I will no longer be a student if I get OWP. If you receive an OWP you change your status from student to a worker so you must stop with your studies asap

Your consultant is correct.

 

[anonymous2019_qc]

I’ve also been wondering about this and from what I understand you can have both an OWP and a valid study permit at the same time. As long as you comply with the conditions of both permits there should not be a problem.

If your permit says “unless authorized” then the respective other permit (work or study) are proof of your compliance (“authorization”) with R183(1) which are the conditions imposed on all temporary residents.

For example even CIC on their website for “working off campus” (which is often a condition on study permits) says: “you can’t work off campus if ... (list of situations) ... if any of these situations apply to you, AND YOU WANT TO WORK WHILE STUDYING IN CANADA you need to APPLY FOR A WORK PERMIT”

So why would they tell you you need a work permit if somehow you would stop being a student? The text is pretty clear that it is possible to be both at once: https://www.canada.ca/en/immigratio...rvices/study-canada/work/work-off-campus.html