Study Permit and LMIA

[AlexZ92]

Hi, I am currently residing in Canada and I have extended my visitor visa until April.

I would like to apply for a study permit to upgrade my grades and achieve the Alberta High School Equivalency Diploma at a designated institute.
My issue here is that I would also need to have the ability to work in order to pay for the expenses.
I read that one doesn’t necessarily need a work permit in order to work in or off campus but I don’t know if that applies to me since I’m only enrolling in school to achieve an high school equivalent diploma (for now).

In alternative I would like to apply for a work permit with an employer that offers LMIA, now I wonder if that is an option for me since I’m already in Canada.

 

[AlexZ92]

You are better off finishing high school at home country and then applying for post secondary education in Canada. You most likely can't work if you are not pursuing post secondary education.
If your objective is to work, you should focus on finding an employer who will obtain an LMIA for you which is not very easy unless you have exceptional skills.
Study Permit<PGWP<PR is probably the best route for you.
I could be wrong. Good luck.

I have experience in construction (roofing activities), I wonder if that could work for me, I know how to do the job.
The fact is that I have a little bit over two years of experience but only 8 months of work were done with the legitimate paperwork (all with the same employer), I wonder if I could still qualify though.

 

[AlexZ92]

Ok thank you so much!

 

[AlexZ92]

Find an employer in Atlantic Canada and apply for PR and/or Work Permit. That's probably the fastest way. Illegal work does not count and you could jeopardize your whole situation by declaring any such work.

So you’re suggesting finding and employer with that offers LMIA in Atlantic Canada? I’m residing in Alberta right now (Edmonton area).

 

[scylla]

Hi, I am currently residing in Canada and I have extended my visitor visa until April.

I would like to apply for a study permit to upgrade my grades and achieve the Alberta High School Equivalency Diploma at a designated institute.
My issue here is that I would also need to have the ability to work in order to pay for the expenses.
I read that one doesn’t necessarily need a work permit in order to work in or off campus but I don’t know if that applies to me since I’m only enrolling in school to achieve an high school equivalent diploma (for now).

In alternative I would like to apply for a work permit with an employer that offers LMIA, now I wonder if that is an option for me since I’m already in Canada.

You won't be able to work while studying in Canada at the high school level. The chances of finding an employer who is willing to offer you a job and go through the LMIA process are effectively nil. It's a very long and expensive process for the employer with no guarantee of approval. They also have to prove no Canadian could be hired for the role.

If you want to study in Canada at the high school level, you should assume you won't be able to work. If you want to be able to work, you must be studying at the post secondary level in Canada.

You'll need a study permit either way. Note that the chances of a study permit being approved when you are already in Canada are lower since it's more difficult to show ties to your home country and prove you have no plans on remaining here long term.

 

[AlexZ92]

You won't be able to work while studying in Canada at the high school level. The chances of finding an employer who is willing to offer you a job and go through the LMIA process are effectively nil. It's a very long and expensive process for the employer with no guarantee of approval. They also have to prove no Canadian could be hired for the role.

If you want to study in Canada at the high school level, you should assume you won't be able to work. If you want to be able to work, you must be studying at the post secondary level in Canada.

You'll need a study permit either way. Note that the chances of a study permit being approved when you are already in Canada are lower since it's more difficult to show ties to your home country and prove you have no plans on remaining here long term.

Thank you so much for the information.
I have another question if you don’t mind:
I married a Canadian citizen in 2015 and had a son, later in 2016 I left because of mental and physical abuse (a long and painful story for me that I don’t feel like sharing here), because of that reason we never applied for PR through sponsorship.
We’re not legally separated, I’m technically still married on paper and I would like to know if I can apply for a work permit or if there is any other option for me to be able to stay in Canada without the same visitor visa.

It’s a very difficult situation for me and it seems like I don’t have many option unfortunately.
Thank you so much

 

[scylla]

Thank you so much for the information.
I have another question if you don’t mind:
I married a Canadian citizen in 2015 and had a son, later in 2016 I left because of mental and physical abuse (a long and painful story for me that I don’t feel like sharing here), because of that reason we never applied for PR through sponsorship.
We’re not legally separated, I’m technically still married on paper and I would like to know if I can apply for a work permit or if there is any other option for me to be able to stay in Canada without the same visitor visa.

It’s a very difficult situation for me and it seems like I don’t have many option unfortunately.
Thank you so much

No - you do not qualify for a work permit based on your marriage to a Canadian and having a Canadian son.

 

[canuck_in_uk]

Thank you so much for the information.
I have another question if you don’t mind:
I married a Canadian citizen in 2015 and had a son, later in 2016 I left because of mental and physical abuse (a long and painful story for me that I don’t feel like sharing here), because of that reason we never applied for PR through sponsorship.
We’re not legally separated, I’m technically still married on paper and I would like to know if I can apply for a work permit or if there is any other option for me to be able to stay in Canada without the same visitor visa.

It’s a very difficult situation for me and it seems like I don’t have many option unfortunately.
Thank you so much

Note that Canada doesn't have a formal legal separation process. As the relationship and you are living apart, you are legally separated.

 

[AlexZ92]

No - you do not qualify for a work permit based on your marriage to a Canadian and having a Canadian son.

Do I qualify for TRP (temporary resident permit) in order to have visitations with my son?

 

[AlexZ92]

Note that Canada doesn't have a formal legal separation process. As the relationship and you are living apart, you are legally separated.

And that had been longer than 1 year since my separation so, technically that allows me to obtain a divorce since I’ve been separated longer than 1 year?

If I knew this information I could have selected “legally separated” instead of “married” on my visa application. You just gave me a very valuable information!

 

[AlexZ92]

Unfortunately not.

Let’s say I have a court order for visitations. What are my options then?
Will the decision of the court have an impact on future applications or even issue a Temporary Resident Permit?

 

[canuck_in_uk]

Let’s say I have a court order for visitations. What are my options then?
Will the decision of the court have an impact on future applications or even issue a Temporary Resident Permit?

No, the court order would not grant you the right to come to Canada.

 

[goncalo94]

Hi!
I live with my family here, we moved here in 2014 and i was over 18 years old and I was on a visitor visa. After a year I got my student Visa. I'm renewing it for the third time to become a professional pilot (due to bad weather here in Edmonton), but at the same time I applied for an LMIA for Head bartender at the restaurant I'm working at the past month just so I can make more money to pay for my school.
My question is, supposing my LMIA gets approved, can I still study so I can finish it?

 

[PMM]

Hi

Hi!
I live with my family here, we moved here in 2014 and i was over 18 years old and I was on a visitor visa. After a year I got my student Visa. I'm renewing it for the third time to become a professional pilot (due to bad weather here in Edmonton), but at the same time I applied for an LMIA for Head bartender at the restaurant I'm working at the past month just so I can make more money to pay for my school.
My question is, supposing my LMIA gets approved, can I still study so I can finish it?

1. No, you can't hold both a study permit and a full time work permit at the same time.

 

[goncalo94]

But can I still continue my studies only with my LMIA?