Is it feasible for someone w/ a student visa to get working visa in the future?

[allaincc]

Sorry, it's me again w/ my seemingly never-ending host of questions...
I just got my green card but my wife is out of status here in the US. She's applying for a student visa through a university there in Canada.
She's going to study Dental Hygiene and the program runs for 2 yrs. My question is, what are her chances of changing status in Canada in the future? Could she later on be sponsored as a skilled worker, or maybe gain permanent residence?
We would appreciate your response... tnx in advance.
** sighs **

 

[BCguy]

She automatically qualifies as a PNP in the province she studied in,that is the case for almost all provinces,she also automatically qualifies under CEC Great Move

 

[allaincc]

Re: Is it feasible for someone w/ a student visa to get working visa in the futu

Thank you for valuable response BCguy.
When you said that "she automatically qualifies as a PNP in the province she studied in,that is the case for almost all provinces,she also automatically qualifies under CEC," Is it mainly because of the occupation (Dental Hygiene)? If not, could u please kindly elaborate. The school is in Toronto by the way.
Thanks again.

 

[Leon]

Most PNP's have a class for their provinces graduates so if somebody was to graduate in the province and get a job offer, they could apply for PR through PNP. CEC offers graduates of 2 year programs who have worked for 1 year after graduating a way to get PR as well. It does not really have that much to do with the occupation.

You can find the Ontario PNP here: http://www.ontarioimmigration.ca/english/PNPstudents.asp and it has to be a publically funded college, opposed to a private college I guess. You can find Canadian experience class here: http://www.cic.gc.ca/english/immigrate/cec/apply-who.asp

 

[allaincc]

Re: Is it feasible for someone w/ a student visa to get working visa in the futu

Thanks Leon.
I guess my wife does not qualify for the Ontario PNP as the school she will go to is a private institution (Oxford North Toronto). I just hope she'll be able to land a job as a dental hygienist right after graduation (for immigration purposes mainly).
If that's the case, could all these transitions (student visa - to working - to probably PR) take place while she's in Canada without violating her status? or will she be forced to leave the country for a while?
Reason I asked this is that the moment she leaves the US, I know for a fact that she would not be allowed to return for a very long time, maybe after 5 yrs when I get my citizenship (that is if our hardship waiver would be approved w/o a hitch).
Thanks again...

 

[Leon]

Yes, you can go from student visa to work visa without leaving. When her student visa is expiring, she can apply to change her status to visitor and that would at least buy her a couple of months while it's in process. In the meantime she can be looking for a job. The college might offer placement help. Once she is on a temporary work permit, she can just extend it until she qualifies to apply for permanent residency through CEC. As a skilled worker, she would have to work for 2 years before she can do that. Another option would be to get the employer to co-sign applying for PR through PNP but apparently ON only has 500 spaces so might not be a good chance but faster than waiting for 2 years to apply for CEC anyway.

 

[ghiaskhan]

All foreign sudents who graduate from Canadian institutions can apply for immigration through Provincial Nomination Programme. Yo may also be eligable for Canadian Experience Class:
http://www.cic.gc.ca/english/immigrate/cec/apply-
http://www.cic.gc.ca/english/work/index.asp

 

[allaincc]

Re: Is it feasible for someone w/ a student visa to get working visa in the futu

thanks ghiaskhan.
Leon, when you said she could apply for a tourist visa right after graduation to buy some time, won't her intent be questioned?

 

[Leon]

It absolutely might be questioned but the couple of months it would take to process that application might be enough for her to find a job and get a work permit arranged. Of course it would be better if she can line up a job before she graduates. The college might be able to help. Private colleges often have placement offices to help you find a job.

Above answer where it says "All foreign sudents who graduate from Canadian institutions can apply for immigration through Provincial Nomination Programme" is incorrect. The PNP sets it's own rules. With the Ontario PNP I gave you the link to at http://www.ontarioimmigration.ca/english/PNPstudents.asp one of the requirements is that it is a publically funded college or university and from what you said, she is going to a private college and would not qualify for PNP as a student. If she goes on a temporary work permit as a skilled worker, she may qualify for PNP as a skilled worker although looks to me like the Ontario PNP is limiting occupations that can apply for that. Failing that, if she can get a temporary work permit for 2 years, she can apply through Canadian experience class at the end of that.

At any time she could be refused visa if they believe she is planning on staying. She will have to prove that she intends to leave after her temporary stay, first for student visa, then at the end of work permit. Can you as a green card holder petition her to join you in the US? I know that takes years but if you did, she could give that as a tie of why she will not be staying in Canada forever because she is waiting here to be able to join you. Once she qualifies to apply for PR, she will not have to prove that anymore and she can actually include you on her application so you can join her in Canada if you want to.

 

[allaincc]

Re: Is it feasible for someone w/ a student visa to get working visa in the futu

Thanks Leon. You really do make things a lot clearer for us.
Yes, being a green card holder, I guess I can petition for her just for that reason, so she could have something to pitch Canadian immigration should they question her ties outside Canada. I know for sure the petition itself will get denied as I mentioned earlier that she violated her status before. Only when I become a citizen that I can avail of the hardship waiver where they just might pardon her violation.
See, point of the matter is, we really don't care where we end up at (Canada or US), as long as our family could finally live together in peace, w/o fear of deportation or anything.
By the way, our 4yr old girl (born in the US) will be coming to Canada w/ her, do you know what her status would be? Would there be any difficulty with the paper works?
Thanks again...

 

[Leon]

In her application for student visa, she should have filled out family information, husband not coming along and daughter as coming along. It is possible that she will need your permission to bring the daughter to Canada or they want to make sure she is not running away with her.

 

[ghiaskhan]

Above answer where it says "All foreign sudents who graduate from Canadian institutions can apply for immigration through Provincial Nomination Programme" is incorrect. [/glow] [/quote.


Thanks for the correction. Please read again it was said " foreign students who graduate from Canadian institutions can apply for immigration through provincial Nomination Programme".[glow=red,2,300]There was no mention of any province.Obviously this means a PNP that allows foreign graduates.[/glow]

 

[allaincc]

Re: Is it feasible for someone w/ a student visa to get working visa in the futu

Leon, my wife has a sister in Toronto, would it help her application if she mentions this? We're planning to rent out a place close to her school, but again would it help her application if her sister would show an affidavit of support in terms of residence at least or would it just hurt her application?
Also in terms of funds for her school, she was quoted $41,000 for the entire program. Are we suppose to show this whole amount (and then some) during her interview?
Thanks...

 

[Leon]

Having a sister there may work against her as immigration might be inclined to think that she has come to re-unite with her sister and will not be leaving at the end of her studies. I believe you need to show that you can pay the full tuition and then some for living expenses.

 

[allaincc]

Re: Is it feasible for someone w/ a student visa to get working visa in the futu

Thanks Leon. So she should just keep mum about her having a sister in Canada. Won't the subject of her having a relative be brought up though during the interview and in the application itself?