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Case study. Expired study permit. Still in Canada. What to do ?

May 26, 2020
8
1
Kathleen came to Canada six years ago as an international university student from the Philippines.

She is 26 years of age, and scored 7.5 in all parts of the IELTS test.

Her Visa has expired and her Study Permit is due to expire on November 30, 2021. Kathleen completed a 4-year bachelor’s degree in Nursing at the University of Toronto in December of 2019. She is set to graduate on September 15, 2020.



Kathleen wants to remain in Canada and apply for permanent residence, but is also thinking of doing a Master’s degree.

Kathleen is in a relationship with Alvin, a citizen of the Philippines. The two have been dating for 10 years. They are engaged to be married, but no date has been set.

She has overstayed. Bcoz it's Aug 2020. And her studies were completed in December 2019. As per rules the permit is valid only for 90 days after her studies are completed. Which means it expired in March 2020

So if its expired. Its illegal that she is still here.
Is she applied for work permit but can she apply for it staying in canada illegally ? What should she do? Should she return to philippine and then apply?
Kathleen should apply for permanent residence now, or she should wait until after she completes her Master’s degree? Or should she go for a work permit? Also, What is the best way to include Alvin on any permanent residence application.
 

canuck78

VIP Member
Jun 18, 2017
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14,343
Kathleen came to Canada six years ago as an international university student from the Philippines.

She is 26 years of age, and scored 7.5 in all parts of the IELTS test.

Her Visa has expired and her Study Permit is due to expire on November 30, 2021. Kathleen completed a 4-year bachelor’s degree in Nursing at the University of Toronto in December of 2019. She is set to graduate on September 15, 2020.



Kathleen wants to remain in Canada and apply for permanent residence, but is also thinking of doing a Master’s degree.

Kathleen is in a relationship with Alvin, a citizen of the Philippines. The two have been dating for 10 years. They are engaged to be married, but no date has been set.

She has overstayed. Bcoz it's Aug 2020. And her studies were completed in December 2019. As per rules the permit is valid only for 90 days after her studies are completed. Which means it expired in March 2020

So if its expired. Its illegal that she is still here.
Is she applied for work permit but can she apply for it staying in canada illegally ? What should she do? Should she return to philippine and then apply?
Kathleen should apply for permanent residence now, or she should wait until after she completes her Master’s degree? Or should she go for a work permit? Also, What is the best way to include Alvin on any permanent residence application.
This a forum not a immigration Lawyer or consultant exam. Why did you not apply for PGWP. What have you been doing since December. If you have been in Canada for 6 years yet the degree is a 4 year degree I assume you weren’t studying full-time the whole time.
 
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