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Outland, Parner status in Canada

juljud

Star Member
Jan 31, 2010
59
1
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
26-10-2010
File Transfer...
23-11-2010
Interview........
waived
Passport Req..
10-02-2011
VISA ISSUED...
14-03-2011
LANDED..........
03-04-2011
Hello,

We launched a common-law application outland, the sponsor part has been accepted and the application forwarded to London.
My Partner has been accepted for 6 months at the Port of Entry (Visa exempt country) and we will need to Extend her stay in a few months.

When I was looking at IMM1249E, the same form is used to extend a Visitor status and request an initial student permit, we can even use the form to ask for the 2 at the same time.
http://www.cic.gc.ca/english/pdf/kits/forms/IMM1249E.PDF

From the Documentation about this form from a Student renewal perspective:
http://www.cic.gc.ca/english/pdf/kits/guides/5552E.PDF

We can see that a "Holders of temporary resident permits (TRPs) valid for a minimum of six months and their family members" and "In-Canada permanent resident applicants and their family members who are members of the following classes, determined eligible for permanent residents (PR) status" can apply for a study permit from within Canada.

We are wondering if she would have a chance to get a Student Permit like this as she has been accepted as a Visitor for a period of 6 months or whether it would impact the request for a Visitor extension that we would make on the same form.

She is currently staying in Canada but as a Visitor she cannot do too much so it could be useful if she could study at the same time.

Any help or thoughts on this would be much appreciated.

Thanks in advance.

juljud
 

ditta

Hero Member
Oct 14, 2010
318
17
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
26-06-10
Med's Done....
20-06-10
Interview........
waived
LANDED..........
02-06-11
Your partner cannot hold a visitor and a student visa at the same time, it`s either or. She could have a student visa and a work permit at the same time though. If she wishes to study while she is here, she can enrol a course which is no longer than 6 months without a need of a student visa. If she wants to enroll formal education which is longer than 6 months, she has to obtain a permit to do so. You will find the requirement for student visas on the CIC website. She needs to provide proof of financial support for her stay and studies, acceptance to a program, college or university.
 

RobsLuv

Champion Member
Jul 14, 2008
1,838
127
124
Ontario
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.
Original:9May'07; Reprocess:7May'10
AOR Received.
Original:28Apr'07; Reprocess:26Apr'10
File Transfer...
n/a
Med's Request
Reprocessing:7May2010
Med's Done....
Jun2010
Interview........
n/a
Passport Req..
30Nov2010!!
VISA ISSUED...
31Dec2010!!
LANDED..........
31Jan2011
juljud said:
Hello,

We launched a common-law application outland, the sponsor part has been accepted and the application forwarded to London.
My Partner has been accepted for 6 months at the Port of Entry (Visa exempt country) and we will need to Extend her stay in a few months.

When I was looking at IMM1249E, the same form is used to extend a Visitor status and request an initial student permit, we can even use the form to ask for the 2 at the same time.
http://www.cic.gc.ca/english/pdf/kits/forms/IMM1249E.PDF

From the Documentation about this form from a Student renewal perspective:
http://www.cic.gc.ca/english/pdf/kits/guides/5552E.PDF

We can see that a "Holders of temporary resident permits (TRPs) valid for a minimum of six months and their family members" and "In-Canada permanent resident applicants and their family members who are members of the following classes, determined eligible for permanent residents (PR) status" can apply for a study permit from within Canada.

We are wondering if she would have a chance to get a Student Permit like this as she has been accepted as a Visitor for a period of 6 months or whether it would impact the request for a Visitor extension that we would make on the same form.

She is currently staying in Canada but as a Visitor she cannot do too much so it could be useful if she could study at the same time.

Any help or thoughts on this would be much appreciated.

Thanks in advance.

juljud
An outland applicant can't apply to extend status as a student or worker unless their original status on entry to Canada was that of a worker or a student. If your partner wants to work or study in Canada, she has to apply for a study or work permit through the embassy in her home country and she has to qualify for either of those permits as anyone else would - in other words, qualification as a PR applicant in the family class does not make her more eligible for a work or study permit than anyone else. As an outland PR applicant, she is only allowed to extend the status she was given on entry to Canada if she is applying to extend temporary status from within Canada.
 

juljud

Star Member
Jan 31, 2010
59
1
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
26-10-2010
File Transfer...
23-11-2010
Interview........
waived
Passport Req..
10-02-2011
VISA ISSUED...
14-03-2011
LANDED..........
03-04-2011
Thank you for the clarification guys, that's what we thought but by reading that "Holders of temporary resident permits (TRPs) valid for a minimum of six months and their family members" can apply for a study permit from within Canada we were hoping it would be different.

I guess this is for special cases, people who entered with a year as Visitor something like this.

Thank you very much for your answers.