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student application inside Canada

gmmbbs

Newbie
Feb 15, 2011
1
0
Why can you not apply for a student permit inside Canada?

I'm a UK citizen visiting my sis and want study a 1 year diploma here in Ontario. I still have 3 months left on my visa free period.

I have read a lot of sites and they all agree you cannot, but I cannot understand why not?? ???

On the form for extending stay or changing conditions there is a box that clear says application for first student permit

ANy advice will be appreciated.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi

gmmbbs said:
Why can you not apply for a student permit inside Canada?

I'm a UK citizen visiting my sis and want study a 1 year diploma here in Ontario. I still have 3 months left on my visa free period.

I have read a lot of sites and they all agree you cannot, but I cannot understand why not?? ???

On the form for extending stay or changing conditions there is a box that clear says application for first student permit

ANy advice will be appreciated.
1. Because it is the law. You can't change from Visitor to Student or worker in Canada. If you want a study permit, , then you can apply to an overseas office with proof of funds for 1st year tuition, $10K in living expenses, and about $2K in travel expenses.
 

macthepak

Hero Member
Feb 13, 2011
290
2
Hello

I do not agree with PMM you can apply from within Canada. If you read IMM 5552E it clearly states "Holders of temporary resident permits (TRPs) valid for a minimum of six months and their family members" may apply from within Canada. Unless PMM can quote me the law with reference than I stand corrected otherwise go ahead and apply.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi

macthepak said:
Hello

I do not agree with PMM you can apply from within Canada. If you read IMM 5552E it clearly states "Holders of temporary resident permits (TRPs) valid for a minimum of six months and their family members" may apply from within Canada. Unless PMM can quote me the law with reference than I stand corrected otherwise go ahead and apply.
I don't think you know what a TRP is? It is a temporary resident PERMIT and is only issued to persons who are inadmissible to Canada. They are not visitors.
 

macthepak

Hero Member
Feb 13, 2011
290
2
According to the Immigration and Refugee Protection Act:

“The objectives of this Act with respect to immigration are to facilitate the entry of visitors, students and temporary workers for purposes such as trade, commerce, tourism, international understanding and cultural, educational and scientific activities;” 3(1)(g)

Also under the same Act it states:

“A foreign national may not work or study in Canada unless authorized to do so under this Act” 30(1)

Since gmmbbs is already in Canada by virtue of holding UK citizenship, all gmmbbs will be doing is seeking authorization to study under this Act. No where in the Act does it state that the authorization must come from outside of Canada i.e. from a Canadian embassy, consulate or commission.

As long as gmmbbs can show that his intention was not to come to Canada to study but now wishes to enter a study program because of change in his circumstances he can apply from within Canada.
 

rjessome

VIP Member
Feb 24, 2009
4,354
214
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macthepak said:
According to the Immigration and Refugee Protection Act:

“The objectives of this Act with respect to immigration are to facilitate the entry of visitors, students and temporary workers for purposes such as trade, commerce, tourism, international understanding and cultural, educational and scientific activities;” 3(1)(g)

Also under the same Act it states:

“A foreign national may not work or study in Canada unless authorized to do so under this Act” 30(1)

Since gmmbbs is already in Canada by virtue of holding UK citizenship, all gmmbbs will be doing is seeking authorization to study under this Act. No where in the Act does it state that the authorization must come from outside of Canada i.e. from a Canadian embassy, consulate or commission.

As long as gmmbbs can show that his intention was not to come to Canada to study but now wishes to enter a study program because of change in his circumstances he can apply from within Canada.
Yes, but according to the Immigration and Refugee Protection Regulations:

213. Subject to sections 214 and 215, in order to study in Canada, a foreign national shall apply for a study permit before entering Canada.

and

Application after entry

215. (1) A foreign national may apply for a study permit after entering Canada if they
(a) hold a study permit;
(b) apply within the period beginning 90 days before the expiry of their authorization to engage in studies in Canada under subsection 30(2) of the Act, or paragraph 188(1)(a) of these Regulations, and ending 90 days after that expiry;
(c) hold a work permit;
(d) are subject to an unenforceable removal order;
(e) hold a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months;
(f) applied for a study permit before entering Canada and the application was approved in writing but the permit has not been issued; or
(g) are in a situation described in section 207.


http://laws.justice.gc.ca/eng/SOR-2002-227/page-7.html#anchorbo-ga:l_12-gb:l_2

So you are wrong.
 

macthepak

Hero Member
Feb 13, 2011
290
2
The proof is always in the pudding!

gmmbbs my advice to you is go ahead and apply from inside canada.

If you get the response that you are not allowed to apply from within Canada than I am wrong. If you get your student permit from inside canada than I am right!

Please report the result of your application on this site.
 

rjessome

VIP Member
Feb 24, 2009
4,354
214
Job Offer........
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macthepak said:
The proof is always in the pudding!

gmmbbs my advice to you is go ahead and apply from inside canada.

If you get the response that you are not allowed to apply from within Canada than I am wrong. If you get your student permit from inside canada than I am right!

Please report the result of your application on this site.
Are you for real? You've just been quoted the LAW and you are still claiming you are right? Listen, why don't YOU just call the CIC Call Centre so that you can find out for yourself that you are wrong before you go giving bad advice to people. It's obvious that you don't understand the complexities of the Canadian immigration system or how to interpret and apply the law.

@gmmbbs - if you want to apply for a study permit, you must send you application to an overseas visa post. Vegreville is not an option for you. That doesn't mean that YOU have to leave Canada if you are still in status but your application for a study permit MUST be evaluated outside of Canada.
 

macthepak

Hero Member
Feb 13, 2011
290
2
Regarding the LAW, priority is given to the ACT not to the regulations which are drawn up by "faceless committees". IF gmmbbs is refused a student visa from inside Canada based on a regulation that he/she can only apply from outside than that decision is appeable in court because it goes against the word and spirit of the ACT.
 

rjessome

VIP Member
Feb 24, 2009
4,354
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macthepak said:
Regarding the LAW, priority is given to the ACT not to the regulations which are drawn up by "faceless committees". IF gmmbbs is refused a student visa from inside Canada based on a regulation that he/she can only apply from outside than that decision is appeable in court because it goes against the word and spirit of the ACT.
Are you kidding? Have you ever even read the Act? If you had, you would see "per the Regulations" written in every Part and Division. BOTH of them are the LAW written by the same people, dumb-as*. The only reason I'm wasting my time on you is that you are giving BAD information to people because you don't have a clue.

I've read your other posts. You're shooting blanks dude.
 

Hannan Khan

Star Member
Aug 25, 2010
189
38
124
Yo macthepak!
U need to stop shooting and start counting ur casualties :-X
Sorry that I be snappy on this one but with all the information u have all u need to be is informative rather than than being suppressive.
 

macthepak

Hero Member
Feb 13, 2011
290
2
Re: student visa rejected,will apply again,,,good idea?

I am feeling dejected. No one seems to have anything nice to say. I am thinking of leaving this forum.
 

Hannan Khan

Star Member
Aug 25, 2010
189
38
124
that was certainly not the idea :eek:...ur information has been helpful, atleast for me...having that said, I would like u just being a little advising in your posts rather than shooting at anything moving...Lets start friendly firing! :p
 

scylla

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Jun 8, 2010
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macthepack -

Sorry - I have to agree with everyone else.

If YOU want to see if the "proof is in the pudding" and apply for a study permit from inside Canada for yourself just to see what happens - then by all means go ahead.

However it's extremely poor form to advise someone else to do something that's so clearly in opposition of CIC rules.

No one here wants to be mean. But if you're providing bad advice - you should expect that people will correct it. That's why this forum works as well as it does.