Can I apply for a student permit (currently with work permit) for a course that starts in April?

[Fodrigo]

Hello,

I'm currently applying for my PGWP (waiting for a response) and my wife has a Spousal Open Work Permit that expires in November 30 (she got from my previous Student Permit).

The problem is that I still didn't find a job (NOC 0, A or B) so she can't apply for another Spousal Open Work Permit yet.

Is it ok if she applies for a Student Permit before her SOWP expires in order to keep working here in Canada? What concerns me is that it's a 8 weeks program that only starts in April 24th.

Is it ok to apply for a student permit so much before the program starts?

Is it ok to apply for a student permit with a 8 weeks program? Because, for what I know, she can only stay 90 days in Canada after her work permit expires, and this will be before her program even start.

 

[scylla]

8 week programs can be completed on a visitor visa. CIC won't grant a study permit. Any program six months or less only requires a visitor visa.

 

[scylla]

She should apply to change her status to visitor before her SOWP expires and then stop working once the SOWP expires. Then once you have a NOC A, B or 0 role, she can apply for another SOWP.

 

[Fodrigo]

8 week programs can be completed on a visitor visa. CIC won't grant a study permit. Any program six months or less only requires a visitor visa.

Yes but, let's suppose she was single. If she wanted to do this course she would have to go back to her country and come back when the course starts? She wouldn't be able to extend her permit?

 

[scylla]

Yes but, let's suppose she was single. If she wanted to do this course she would have to go back to her country and come back when the course starts? She wouldn't be able to extend her permit?

If she was in Canada on a regular work permit, she would change her status to visitor and then remain in Canada until she can take the course. Of course she would need to stop working as soon as the work permit expires.

I don't see any options that will allow her to continue working without interruption given her SOWP expires next week and you don't have a job yet.

 

[Fodrigo]

What if she takes a one year course that starts only April?

 

[scylla]

What if she takes a one year course that starts only April?

She'll still need to stop working. You can't work on a study permit until you actually start your program.

 

[Fodrigo]

Can't you work if you apply before your actual permit expires? For what I know she could because of the Implied Status

 

[scylla]

Can't you work if you apply before your actual permit expires? For what I know she could because of the Implied Status

Only if you apply for another work permit. She's not applying for a work permit - she's applying for a study permit. With study permits, you cannot begin working until your classes begin.

 

[ericusdab]

I have study permit this year and I didn’t go to Canada at all but I deferred my program. Can I travel to Canada next year with my this year stude

 

[Fodrigo]

Only if you apply for another work permit. She's not applying for a work permit - she's applying for a study permit. With study permits, you cannot begin working until your classes begin.

That's strange, because I extended my student visa twice and kept working during the validation process, my immigration agency said its fine at the time.

 

[scylla]

That's strange, because I extended my student visa twice and kept working during the validation process, my immigration agency said its fine at the time.

But you were still studying full time - correct? We'd have to understand the exact circumstances.

You should be aware that CIC has very recently started taking a much harder line with illegal work. Previously people got away with murder (so to speak). Recently it's clear that has changed. For example, we've seen several recent cases on this forum where people have taken two separate one year programs to qualify for a three year PGWP and have worked between the two programs (which is illegal). Not so long ago, CIC would have granted the PGWP. Over the last few months, they are starting to refuse these individuals due to the illegal work.

 

[kapatid]

She should apply to change her status to visitor before her SOWP expires and then stop working once the SOWP expires. Then once you have a NOC A, B or 0 role, she can apply for another SOWP.

How do you change status from OWP to visitor? IMM5708? Do you happen to know the chance of approval for these? Is it high likely to receive an approval?

 

[Fodrigo]

She should apply to change her status to visitor before her SOWP expires and then stop working once the SOWP expires. Then once you have a NOC A, B or 0 role, she can apply for another SOWP.

Hi Scylla, could you help me again, please?

Does she need to get a visitors visa if she has an ETA as well?

 

[scylla]

Hi Scylla, could you help me again, please?

Does she need to get a visitors visa if she has an ETA as well?

Yes - she would need to apply to change her status to visitor.