Query regarding change of DLI

[D_D]

Hello,

I have a very complicated situation. In short- I have completed 1st term online sep 2020 to December 2020 (of a 1 year Ontario Graduate Certificate). Now once I enter Canada with a valid study permit… after entering I wish to change my DLI for a program starting in September 2021 (have an offer letter) if I do so can I stay in Canada legally from now on to the time my new course begins. for around 7 months? (Yes my study permit would expire by the time my new course begins, so I will have to file for an extension, right?)

Some help will be highly appreciated.

Thank you

 

[captainarabiia]

Hello,

I have a very complicated situation. In short- I have completed 1st term online sep 2020 to December 2020 (of a 1 year Ontario Graduate Certificate). Now once I enter Canada with a valid study permit… after entering I wish to change my DLI for a program starting in September 2021 (have an offer letter) if I do so can I stay in Canada legally from now on to the time my new course begins. for around 7 months? (Yes my study permit would expire by the time my new course begins, so I will have to file for an extension, right?)

Some help will be highly appreciated.

Thank you

CBSA officers may ask you questions upon entry, and then they will get to know your classes start in Sept, which will raise a red flag as to why you want to be in Canada, even though your new program at the new DLI starts in Sept.


Also you might wanna be careful since you can't take a gap of more than 150 days. Gap or more than 150 days makes your SP invalid.

https://students.ubc.ca/international-student-guide/immigration/taking-time-away-school-international

Gaps which are not considered actively pursuing studies:

• Gaps beyond 150 days due to a strike or school closure
• Gaps beyond 150 days when deferring program start date after arrival in Canada
• Gaps beyond 150 days when switching programs at UBC (whether you completed a program or not)
• Gaps beyond 150 days when changing institutions (whether you completed a program or not)
• Gaps beyond 150 days for a UBC-approved leaves of absences (e.g. most graduate students, the Diploma in Accounting or Law)
• Any other gap not on the approved list above

 

[D_D]

CBSA officers may ask you questions upon entry, and then they will get to know your classes start in Sept, which will raise a red flag as to why you want to be in Canada, even though your new program at the new DLI starts in Sept.


Also you might wanna be careful since you can't take a gap of more than 150 days. Gap or more than 150 days makes your SP invalid.

https://students.ubc.ca/international-student-guide/immigration/taking-time-away-school-international

Gaps which are not considered actively pursuing studies:

• Gaps beyond 150 days due to a strike or school closure
• Gaps beyond 150 days when deferring program start date after arrival in Canada
• Gaps beyond 150 days when switching programs at UBC (whether you completed a program or not)
• Gaps beyond 150 days when changing institutions (whether you completed a program or not)
• Gaps beyond 150 days for a UBC-approved leaves of absences (e.g. most graduate students, the Diploma in Accounting or Law)
• Any other gap not on the approved list above

Hello Captain,

Thank you for the information, the link you shared was really helpful

I was planning to enter Canada on the basis of my current program & then change DLI (& withdrawal from current college). But now that I know, I can only be allowed to take a gap till 150 days, do you have any suggestions for me? As in should I enter now then file for an extension or enter before my study permit expires then explain the border officer about the whole process and then file for extension? What should I do?

 

[captainarabiia]

Hello Captain,

Thank you for the information, the link you shared was really helpful

I was planning to enter Canada on the basis of my current program & then change DLI (& withdrawal from current college). But now that I know, I can only be allowed to take a gap till 150 days, do you have any suggestions for me? As in should I enter now then file for an extension or enter before my study permit expires then explain the border officer about the whole process and then file for extension? What should I do?

When does your study permit expire?
Did you land in Canada before? Got your permit from CBSA officers?

 

[D_D]

What time does your study permit expire?
Did you land in Canada before? Got your permit from CBSA officers?

No, I am still waiting for my final decision (waiting since May with a complete application)
My case has got extremely complicated.

 

[D_D]

When does your study permit expire?
Did you land in Canada before? Got your permit from CBSA officers?

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-conditions.html#changing

If you got to this link- I read the rules.
can you help me out to find out if I interpreted it correctly?

what I understood is that I can stay under the same conditions for 150 days but after that I will have to either leave Canada or change my criteria to visitor or worker. Then, when my course is about to begin, if I still have my study permit valid till that time, then I will have to file for an extension and then start studying under implied status.

this is some serious complicated stuff haha

 

[captainarabiia]

No, I am still waiting for my final decision (waiting since May with a complete application)
My case has got extremely complicated.

Then I will suggest send them new LOA.

 

[D_D]

Then I will suggest send them new LOA.

Then they will treat my application as a completely new application, right? My AIP would have no significance then!
Also, I have two past refusals

 

[captainarabiia]

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-conditions.html#changing


what I understood is that I can stay under the same conditions for 150 days but after that I will have to either leave Canada or change my criteria to visitor or worker. Then, when my course is about to begin, if I still have my study permit valid till that time, then I will have to file for an extension and then start studying under implied status.

this is some serious complicated stuff haha

I assume you're not going to study from Jan to April?

 

[D_D]

I assume you're not going to study from Jan to April?

Yes, I won’t be studying from Jan-April. I decided to change DLI right in the middle of fall term, but because of the uncertainty around my final decision, I could not do anything. This new program that I am wanting to start in September 2021 was initially supposed to start this month but I had to defer it since didn’t get any final decision on my study permit.

 

[captainarabiia]

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-conditions.html#changing

If you got to this link- I read the rules.
can you help me out to find out if I interpreted it correctly?

what I understood is that I can stay under the same conditions for 150 days but after that I will have to either leave Canada or change my criteria to visitor or worker. Then, when my course is about to begin, if I still have my study permit valid till that time, then I will have to file for an extension and then start studying under implied status.

this is some serious complicated stuff haha

Some people might think it's normal to defer or change courses, but fail to count the days, you NEED to be studying while on a study permit, or if not, your leave shouldn't go beyond 150 days.
There are some rules and conditions to follow being on a SP.
In your case, you are choosing not to study from Jan to Sept, which is more than 150 days and make your SP invalid.

It all depends if you get the study permit in time, since you don't have it yet, send your new LOA.
But becareful with regards to changing course, and it affecting your current application.

Now, coming to your AIP. this is a new thing, you don't "Have" a study permit yet.
What program did you initially submit with your SP app, and what do you want to start in September 2021?