Study Permit from Inside Canada

[spider6thsense]

Hi, I am on Closed work permit from my company. My wife is on Open Spousal Work permit already. We both have 2 more years for expiry for our WPs.

My wife wanted to Study so we applied for her Study Permit from Inside Canada for Sep-2022 Intake. She received offer from College, we paid fee and applied for Study Permit for her and Open Work Permit for me. We did not receive decision by Oct-2022 and received refund from College for Study permit. In December her Study Permit was approved and my work permit as dependent on her was also approved. Please help me understand following :-

1. I have my Closed work Permit (I am Primary) and now I have received Spousal Open Work Permit (As a dependent).
2. My wife has Open WP (Dependent on me) and Study Permit (Primary).

Q1:- Do we have both types of Permits valid? or New permits (Study permit for wife and my Open WP) takes precedence and older permits are not valid now.
Q2:- She is not enrolled anywhere now as we took her admission back because Study permit was not received on time. Does she need to enroll in a institute or she can continue her employment based on old OpenWP.
Q3:- If she applies for Study for Sep-2023, can she work until then and then study as we have both types of permit?
Q4:- Can i consider myself on OpenWP now?

Please help understanding this situation.

 

[canuck78]

Hi, I am on Closed work permit from my company. My wife is on Open Spousal Work permit already. We both have 2 more years for expiry for our WPs.

My wife wanted to Study so we applied for her Study Permit from Inside Canada for Sep-2022 Intake. She received offer from College, we paid fee and applied for Study Permit for her and Open Work Permit for me. We did not receive decision by Oct-2022 and received refund from College for Study permit. In December her Study Permit was approved and my work permit as dependent on her was also approved. Please help me understand following :-

1. I have my Closed work Permit (I am Primary) and now I have received Spousal Open Work Permit (As a dependent).
2. My wife has Open WP (Dependent on me) and Study Permit (Primary).

Q1:- Do we have both types of Permits valid? or New permits (Study permit for wife and my Open WP) takes precedence and older permits are not valid now.
Q2:- She is not enrolled anywhere now as we took her admission back because Study permit was not received on time. Does she need to enroll in a institute or she can continue her employment based on old OpenWP.
Q3:- If she applies for Study for Sep-2023, can she work until then and then study as we have both types of permit?
Q4:- Can i consider myself on OpenWP now?

Please help understanding this situation.

1. Your wife only has a valid study permit to attend the program she applied to at the specific college but you were required to update IRCC when she withdrew from the program and received a refund. Doesn’t sound like you defered her admission to the winter, spring of fall 2023 term and withdrew from the program completely. If she withdrew from the program and got a refund she wasn’t entitled to a study permit and you didn’t qualify for an OWP. At this moment her study permit and your OWP are not valid because they are based on misrepresentation, she doesn’t have admission to any school and you should be using your closed WP and she should be using her OWP. If she attempted to initiate the study permit she can not show that she is registered to attend school during the next semester and has paid tuition. Your OWP is based on her study permit so the approval was based on misrepresentation. If your wife is not studying, you aren’t entitled to initiate the OWP. If you do try to use the OWP and IRCC looks back to see how you obtained the OWP and discovers that you wife had withdrawn from her program before you received your OWP and sue obtained a study permit. that would be a problem.
2. The only valid permit is her OWP. She needs to reapply for a new study permit.
3. If she applies to study in January 2023 she should reapply for a new study permit and you should apply for a new OWP. The current permits are based on misrepresentation.
4. No because the OWP is based on her studying. First issue is that you received the OWP based on misrepresentation since she withdrew from the program and got a refund but you didn’t inform IRCC. Your OWP is based on your wife studying. If she doesn’t study you don’t qualify for the OWP.

Would suggest sending in a webform stating that you were not aware that you needed to update IRCC when you withdrew from your school program and got a tuition refund. That you were hoping to get a study permit for Fall 2022 and when that didn’t happen you withdrew from the program and got a refund but continued with the study permit and OWP approval process. You weren’t aware that you should have just defered admission to a new start date in September 2023 and asked the school for permission to defer admission and obtained a new LOA to submit to IRCC. You also shouldn’t have asked for a refund of your tuition. Most schools require proof that your study permit has been denied before getting a refund so I’m surprised you were able to get one.

 

[EssKay1234]

Well the VIP member has already explained in detail. I will just cut the long story short.
In a nutshell Her study permit is invalid as you guys have withdrawn admission and your OWP is null and void as it was because of her study permit.

study permits are issued with respect to LOA submitted of a specific DLI against a specific program u got in. So she cant use that permit to study anywhere else or even in the same college as she hasn’t deferred but cancelled her admission.
You have complicated it by not telling the IRCC when you withdrawn her admission. If she wants to study she has to reapply with new LOA.

 

[spider6thsense]

Thanks for all the answers, really appreciate it. There was no option to cancel application online. (Or atleast

sharing some thoughts about IRCC process.
1. We were not aware about canceling through webform, as no such instructions were communicated to us by IRCC. So I am not sure how it falls under misrepresentation. I would have been more than happy to cancel application and get refund , who wants waste money!!!

2. Another case of wastage of resources and everyone’s time by IRCC. If The permit is for particular LOA and for that particular session. It is straight foolish to approve it in Dec-2022. I hope they know that application was for Sep-2022 and Colleges Dont give admission without a study permit. I would say it is case of a fraud to eat Application money. I would say the application could have been canceled in those cases.

Taking above 2 feedback in mind, would it be possible that IRCC approved it taking following exception in mind :-
https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/prepare-arrival/study-permit-conditions.html

You don’t need to prove that you’re enrolled at a DLI or that you’re actively pursuing your studies if:

you’re the family member (spouse or dependent child) of someone who lives in Canada and who:

• holds a Canadian study or work permit
• 
  

I appreciate your thoughts on this, as it could be useful for other members

 

[EssKay1234]

1. The CIC website clearly states that all conversations,information submissions and inquiries are made thru webform. So if you had read it or searched thoroughly that has the answer. Well, non of us here is a VO so we are no one to judge it as misrepresentation however we predict or declared it based on other's experiences and observations. Nobody wishes to waste money i agree with that.

2. There is this tweet by IRCC that you dont need to inform IRCC if you start your program within 150 days of the commence date. As many students opt onlines classes or some advisor accommodate late arrivals. So thats a favor in my opinion and provides u a buffer zone of months.

I can't comment on the bottom part. Maybe

 

[spider6thsense]

1. Your wife only has a valid study permit to attend the program she applied to at the specific college but you were required to update IRCC when she withdrew from the program and received a refund. Doesn’t sound like you defered her admission to the winter, spring of fall 2023 term and withdrew from the program completely. If she withdrew from the program and got a refund she wasn’t entitled to a study permit and you didn’t qualify for an OWP. At this moment her study permit and your OWP are not valid because they are based on misrepresentation, she doesn’t have admission to any school and you should be using your closed WP and she should be using her OWP. If she attempted to initiate the study permit she can not show that she is registered to attend school during the next semester and has paid tuition. Your OWP is based on her study permit so the approval was based on misrepresentation. If your wife is not studying, you aren’t entitled to initiate the OWP. If you do try to use the OWP and IRCC looks back to see how you obtained the OWP and discovers that you wife had withdrawn from her program before you received your OWP and sue obtained a study permit. that would be a problem.
2. The only valid permit is her OWP. She needs to reapply for a new study permit.
3. If she applies to study in January 2023 she should reapply for a new study permit and you should apply for a new OWP. The current permits are based on misrepresentation.
4. No because the OWP is based on her studying. First issue is that you received the OWP based on misrepresentation since she withdrew from the program and got a refund but you didn’t inform IRCC. Your OWP is based on your wife studying. If she doesn’t study you don’t qualify for the OWP.

Would suggest sending in a webform stating that you were not aware that you needed to update IRCC when you withdrew from your school program and got a tuition refund. That you were hoping to get a study permit for Fall 2022 and when that didn’t happen you withdrew from the program and got a refund but continued with the study permit and OWP approval process. You weren’t aware that you should have just defered admission to a new start date in September 2023 and asked the school for permission to defer admission and obtained a new LOA to submit to IRCC. You also shouldn’t have asked for a refund of your tuition. Most schools require proof that your study permit has been denied before getting a refund so I’m surprised you were able to get one.

Can you please check if this situation is applicable for my case?


https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/prepare-arrival/study-permit-conditions.html

You don’t need to prove that you’re enrolled at a DLI or that you’re actively pursuing your studies if:

you’re the family member (spouse or dependent child) of someone who lives in Canada and who:

• holds a Canadian study or work permit