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IN NEED OF URGENT ADVICE BEFORE MY TEMPORARY STATUS EXPIRES

studentpil0t

Full Member
Aug 4, 2018
20
4
Hello I'm a British student pilot who initially traveled to Canada with my Parents and received upon an arrival a visa for 2 months.(even though I applied/received a 5year eta beforehand)

Now my purpose was purely to survey a few schools in Canada and then commit to one of them which I did. Received a Letter Of Acceptance and submitted it along with all the other requirements on the 24th of last month. I was advised by my school administrator to apply for the study permit online. Since that day, (24th July) I've not received any sort of update. No emails, no phone-calls. I've tried to call up with hopes of speaking to a fellow human but it always says the call volume is high and hangs up.

Now the thing that is worrying me as I don't want to break any immigration rules such as over-staying etc all of that crap simply because it will obviously render future applications. Now the geezer at the counter at the immigration when I initially arrived in Canada didn't put no stamp in my passport. He only wrote and I can only read so much because of his handwriting 'no employment.......3 months......22.08.18.' Now to me nothing he wrote barely made sense but I assumed the date was of course the date of exit. Now this is the condition of my study permit application ever since I submitted it. I was told that if your application is in the processing stage you can legally stay in Canada until a final decision is made I don't know how reliable that information was but I just can't get through to anyone right now.

 

loo1201

Star Member
Mar 13, 2016
174
15
ON
Category........
CEC
Visa Office......
Etobicoke
App. Filed.......
01-05-2020
AOR Received.
12-05-2020
VISA ISSUED...
10-06-2021
CIC states : A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have implied status as a temporary resident during that period.

If you have applied for a study permit while being in Canada and while being LEGALLY here then you should be under implied status.
 
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studentpil0t

Full Member
Aug 4, 2018
20
4
CIC states : A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have implied status as a temporary resident during that period.

If you have applied for a study permit while being in Canada and while being LEGALLY here then you should be under implied status.
Thanks for pointing that out. Been waiting on a response for 22 working days now
 

studentpil0t

Full Member
Aug 4, 2018
20
4
It's now the 1st of September and my application remains the very same. Monday being a bank holiday I intend on ringing up on Tuesday as this has exceeded the processing time.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Hello I'm a British student pilot who initially traveled to Canada with my Parents and received upon an arrival a visa for 2 months.(even though I applied/received a 5year eta beforehand)

Now my purpose was purely to survey a few schools in Canada and then commit to one of them which I did. Received a Letter Of Acceptance and submitted it along with all the other requirements on the 24th of last month. I was advised by my school administrator to apply for the study permit online. Since that day, (24th July) I've not received any sort of update. No emails, no phone-calls. I've tried to call up with hopes of speaking to a fellow human but it always says the call volume is high and hangs up.

Now the thing that is worrying me as I don't want to break any immigration rules such as over-staying etc all of that crap simply because it will obviously render future applications. Now the geezer at the counter at the immigration when I initially arrived in Canada didn't put no stamp in my passport. He only wrote and I can only read so much because of his handwriting 'no employment.......3 months......22.08.18.' Now to me nothing he wrote barely made sense but I assumed the date was of course the date of exit. Now this is the condition of my study permit application ever since I submitted it. I was told that if your application is in the processing stage you can legally stay in Canada until a final decision is made I don't know how reliable that information was but I just can't get through to anyone right now.

Hi

A person has Implied Status if they applied to change conditions and extend their stay prior to their status expiring. You didn't apply to extend your stay because as a visitor, you did not qualify to apply to change your status to student within Canada. You submitted an outside Canada study permit application. Looks like you are out of status.
 

studentpil0t

Full Member
Aug 4, 2018
20
4
Hi

A person has Implied Status if they applied to change conditions and extend their stay prior to their status expiring. You didn't apply to extend your stay because as a visitor, you did not qualify to apply to change your status to student within Canada. You submitted an outside Canada study permit application. Looks like you are out of status.
Can you explain to me how I do not qualify to change my status within Canada? Baring in mind I'm a 20 y/o full time student from UK. On top of reading the Canadian immigration laws, I managed to speak to an official agent on the phone who confirmed that I'll be exercising implied status the day after the expiry date of my tourist visa until a final decision is made. It's been 27 working days/5 weeks since submitting. Would I be wrong to anticipate a response this coming week?
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Can you explain to me how I do not qualify to change my status within Canada? Baring in mind I'm a 20 y/o full time student from UK. On top of reading the Canadian immigration laws, I managed to speak to an official agent on the phone who confirmed that I'll be exercising implied status the day after the expiry date of my tourist visa until a final decision is made. It's been 27 working days/5 weeks since submitting. Would I be wrong to anticipate a response this coming week?
Only visitors in certain situation qualify to submit an application from within Canada to change their status to student. From what you've said, you are not in any of those situations. When you went through the online questionnaire, it would have directed you to submit an outside of Canada application for a study permit. See here https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/apply.html#within_canada. Do you qualify under any of those situations?

This is the application to change conditions and extend a stay as a student, IMM5709. https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-change-conditions-extend-your-stay-canada-student.html.

This is the application to apply for a study permit outside of Canada, IMM1294. https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5269-applying-study-permit-outside-canada.html#5269E4

The IRCC Call Centre is not staffed by official agents. It is staffed by poorly trained call centre workers who have nothing to do with processing applications and can only answer basic questions. They give out wrong information all the time.
 

studentpil0t

Full Member
Aug 4, 2018
20
4
Only visitors in certain situation qualify to submit an application from within Canada to change their status to student. From what you've said, you are not in any of those situations. When you went through the online questionnaire, it would have directed you to submit an outside of Canada application for a study permit. See here https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/apply.html#within_canada. Do you qualify under any of those situations?

This is the application to change conditions and extend a stay as a student, IMM5709. https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-change-conditions-extend-your-stay-canada-student.html.

This is the application to apply for a study permit outside of Canada, IMM1294. https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5269-applying-study-permit-outside-canada.html#5269E4

The IRCC Call Centre is not staffed by official agents. It is staffed by poorly trained call centre workers who have nothing to do with processing applications and can only answer basic questions. They give out wrong information all the time.
Thank you for your guidance I’m now in the process of reapplying from UK