Claiming asylum in canada with student visa

[Ciello]

Hi all
I am coming to canada for studying in a masters degree but due to some circumstances I have to claim asylum as soon as I get to canada. I have a strong case so the chances of approving are quite high. Now my queation is : can I continue my study while I am waiting for the asylum proccess or my study permit will be automatically withdrawn as soon as I claim for asylum ? I actually thought that my study permit will remain valid but I talked to a lawer and he told me that my study permit will go invalid once I claim for asylum . I also couldnt find any related statement in cic website.
Thanks for your help.

 

[mingota19]

once you claim refugee, you study permit will b invalid. You will b no longer an international student . you will b considered a refugee claimant .

 

[live&love]

Your lawyer is right, once you claim refugee, your student visa will be invalid in regardless the expiry date on it.

 

[Um Zainab]

Hi all
I am coming to canada for studying in a masters degree but due to some circumstances I have to claim asylum as soon as I get to canada. I have a strong case so the chances of approving are quite high. Now my queation is : can I continue my study while I am waiting for the asylum proccess or my study permit will be automatically withdrawn as soon as I claim for asylum ? I actually thought that my study permit will remain valid but I talked to a lawer and he told me that my study permit will go invalid once I claim for asylum . I also couldnt find any related statement in cic website.
Thanks for your help.

my friend came to Canada with one year study permit and then applied for asylum .she continue her studying at the university with no problems . also she renewed her study permit using her refugee claiment doucument. but she still pay international student fees for the university.

 

[Ciello]

Your lawyer is right, once you claim refugee, your student visa will be invalid in regardless the expiry date on it.

Thanks for the reply, but are you 100 % sure ? So what this statement means ? :
"Persons making a claim for refugee protection in Canada with an existing temporary resident status do not lose their existing status. "

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/refugees-protected-persons.html

 

[Ciello]

my friend came to Canada with one year study permit and then applied for asylum .she continue her studying at the university with no problems . also she renewed her study permit using her refugee claiment doucument. but she still pay international student fees for the university.

Thank for the reply . Unfortunately I have heard so much different stories I dont know which one is true . Some say you can others say you cant !

 

[Fawaz__]

I stopped my undergrad study, and applied for asylum on late September. I submitted my passport and my study permit. I got my study permit back with "Does not confer status" stamped on it. The officer said, "here is your study permit in case you wanted to take classes".

But, are you sure you asking about the study permit? Or, did you meant the student visa? Because, I didn't get my study permit until I arrived in Canada.

 

[Ciello]

I stopped my undergrad study, and applied for asylum on late September. I submitted my passport and my study permit. I got my study permit back with "Does not confer status" stamped on it. The officer said, "here is your study permit in case you wanted to take classes".

But, are you sure you asking about the study permit? Or, did you meant the student visa? Because, I didn't get my study permit until I arrived in Canada.

Thanks for your reply.
I am asking about the one that you should have to continue your study. I think it is study permit , right ?

 

[canuck78]

Thanks for your reply.
I am asking about the one that you should have to continue your study. I think it is study permit , right ?

If you have the option of continuing your studies, getting PGWP and the filing for PR allows you to be in control of actually getting your PR. Would likely be faster too. Most students lose their student permit and are expected to try and work if you claim welfare. Your case is a bit more complicated because you submitted documents showing that you had the finances to support yourself.

 

[Ciello]

If you have the option of continuing your studies, getting PGWP and the filing for PR allows you to be in control of actually getting your PR. Would likely be faster too. Most students lose their student permit and are expected to try and work if you claim welfare. Your case is a bit more complicated because you submitted documents showing that you had the finances to support yourself.

Thanks for the reply . So if I dont have financial problems and dont need financial support and i can continue to live and study on my own will I be alowed to continue my study?

 

[canuck78]

Thanks for the reply . So if I dont have financial problems and dont need financial support and i can continue to live and study on my own will I be alowed to continue my study?

No not necessarily. Most people would lose the student permit and not qualify for a work permit because they had funds to live on. Unless they are doing something new, students usually lose their student when they file for asylum.

 

[Ciello]

No not necessarily. Most people would lose the student permit and not qualify for a work permit because they had funds to live on. Unless they are doing something new, students usually lose their student when they file for asylum.

Thanks .
But can you explain what this statement means ? I asked it previously but no one answered:

"Persons making a claim for refugee protection in Canada with an existing temporary resident status do not lose their existing status. "

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/refugees-protected-persons.html

 

[Buletruck]

You need to take the entire statement in context, not just bits and pieces. You don’t loose your “temporary resident status”....it says nothing about a study permit. The word “may” carries significant weight. It doesn’t mean you definitely will (or won’t for that matter) be allowed to apply for a study permit. You may be able to do a short term (less than 6 month) course or apply for a study permit. In applying as a refugee claimant, there is nothing to guarantee you will recieve that permit.

Persons making a claim for refugee protection in Canada with an existing temporary resident status do not lose their existing status. These persons may therefore attend a short-term course of study without a permit so long as they complete the course within the period of their authorized stay.

Their existing status may allow for an in-Canada study permit application if, for example, they hold a work permit [R215(1)(c)]. If they lose their temporary resident status (see A47 for loss of temporary resident status), they May apply for a study permit.

 

[canuck78]

Thanks .
But can you explain what this statement means ? I asked it previously but no one answered:

"Persons making a claim for refugee protection in Canada with an existing temporary resident status do not lose their existing status. "

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/refugees-protected-persons.html

If you continue reading it then says you can attend a short term course. I think the concern is that you can attend a course that fits the asylum assessment period.

 

[Ciello]

If you continue reading it then says you can attend a short term course. I think the concern is that you can attend a course that fits the asylum assessment period.

You are right but I think the term short term course refers to a course less than 6 mounths which is possible whith temporary visitor visas in which you are allowed to stay in canada in a 6 mounths period . But given the fact that I indeed have a valid study permit which allows me to take courses more than 6 mounths when I claim asylum so I may not need to apply for a study permit again . In fact if you download the pdf version of the aforementioned statement it mentioned study in parentheses :
"Persons making a claim for refugee protection in Canada with an existing temporary resident status (i.e., visitor, student, worker) do not lose their existing status." OP 12 section 5.3.
And finally how you justify many others who said that they were allowed to continue their education after claiming asylum ? You can find an example in this topic. I mean is it kind of a personal decision made by the in charge officer ?