Unsuccesful PR application in 2008 - Can I still apply for a Student Visa?

[Brown eyed girl]

Hi folks

Hope everyone is well. I have been away from this forum for a while so please forgive me if the questions I am about to ask have been posted (and answered) before....

Back in 2008 my husband and I had applied for PR under the Skilled Worker scheme, however our application was not successful because it was submitted after the cut-off date when the rules changed and we did not have a job on the list of "in demand" professions.

Since then I have been busy studing, doing various courses and am currently studying towards a Diploma in Management and Leadership in a college here in the UK. I would still like to experience life in Canada, even if just for a couple of years and have been thinking of furthering my studies in Ontario once I complete my current diploma.

My questions for the panel are:

- Will an application for a student visa now (after having previously applied for PR) appear dubious? i.e. will it look like a case of "didn't get in through the door so I'll have to get in through the window"?

- Since the course I am interested in studying in Canada is 2 years in duration, my husband would like to come over and look for work on a temporary work permit; should we apply for this at the same time that I apply for my student visa?

- My husband would not need to have a job offer already in order to apply for the temporary work permit would he?

- My husband and I are British citizens - would we need to use an immigration consultant to help with the appropriate paperwork/applications?

- In your experience, do student visa applicants (in the UK) require medicals?

Thank you for taking the time to read this post and I appreciate any advice and suggestions.

Wishing everyone a good week ahead! ;D

 

[jiawan]

hi first things come first

one thing may be u will get different answer from different peoples around here coz it all depends on veiws and suggestion and u are the one who will take the final decision based on ur own perception.

honestly speaking if i were V O for sure i m gonna think about it once that u didnot get through door thats y u are using window to get in but according to CIC website it is not a problem if u apply for a student visa even if ur PR application is underprocess. but in ur case it is rejected so mmost probably visa officer will take it negatively...

now come to the 2nd point and i will suggest u not to apply for ur husband with ur application u can do that later when u got ur visa because if u do it now u will leave no doubt to V O that u are planning to reside there... instead of applying for him show him as ur ties to ur country of citizenship.

and u dont need to do medicals its only for certain countries with high health risk .. so u dont need it .

and about ur husband work permit etc thats something u should discuss later coz u dont need them right now and by the way he can work on an open work permit but i guess there are certain restrictions about the working hours etc ....

and these are my suggestion these are not hard and fast rules by CIC .. but thats how it will be most probably ;D

 

[charninder]

Hi there,

I remember your questions in the Skilled Workers forum last year regarding FSW.

I think if your husband was not eligible in FSW earlier, it was because of changes in the rules and not because of any lapse on your part. You can always apply again for study permit. Here also some applicants were rejected in the first instance and they could get Study Visa in their second attempt. However, it would be fine if you apply for yourself as a Student and your husband accompany you, as suggested by the above poster. Since you both are UK citizens there may not be any medical or other problem.

Good Luck.

 

[Brown eyed girl]

Thank you charninder and jaiwan for your good advice! I am not quite ready to apply as yet I am still doing my current Diploma in Management and Leadership. I graduate next May, and am planning on a trip to Ontario probably in June to visit our friends and go and check out the college, talk to the admissions dept. etc.

I agree that there is the possibility the V O will think I am just doing this to get into Canada a different way but this is only true upto a certain extent. Yes my husband and I would like to experience life in Canada but hopefully the fact that we own our house in UK (which we plan to rent out while we're away) will be enough to satify V O that we have a reason to come back. I don't expect anything to fall into my lap in Canada, I know I would have to study hard and the money would be tight until I am allowed to work but I am ready to deal with these challenges with determination and good humour too

I think I might just speak to an immigration consultant about co-ordinating the stage at which my husband can apply for a temporary (open) work permit as I would not have a clue when to apply...i.e. how soon after would he apply for his visa (assuming I am successfully granted a student visa)? Gosh things are never straight forward are they?!!

Anyway thank you very much for helping me! Have a lovely day and take care.

 

[matthewc]

Your previous PR application will be on record, but as long as you meet all the requirements for the study permit, the previous PR app shouldn't be held against you.

Once you have the study permit, as a UK citizen (visa exempt) your husband can simply apply for the OWP on entry when he arrives in Canada.

 

[lily Saxena]

Hi,

I'm in a similar situation- applied for PR in 2009-got rejection letter in 2010 stating change in immigration laws and no arranged employment as reasons for rejection.
Now I'm applying for students visa for an year long PG certificate course for January'11 intake. My spouse wants to join me in Canada and work for the tenure I'm in the country.I would also like to work part time while studying. Now I want to know that
Q1. Under which category my spouse should apply?
Q2. Should we apply together or my spouse should apply only after I get my approval?
Q3. Do I have to apply for a work permit also?

Your feedback is valuable for me so please reply.

 

[Brown eyed girl]

Hi,

I'm in a similar situation- applied for PR in 2009-got rejection letter in 2010 stating change in immigration laws and no arranged employment as reasons for rejection.
Now I'm applying for students visa for an year long PG certificate course for January'11 intake. My spouse wants to join me in Canada and work for the tenure I'm in the country.I would also like to work part time while studying. Now I want to know that
Q1. Under which category my spouse should apply?
Q2. Should we apply together or my spouse should apply only after I get my approval?
Q3. Do I have to apply for a work permit also?

Your feedback is valuable for me so please reply.

Hi Lily!

Greetings and good luck with your application. From what I gather, it seems to be better if your spouse/partner applies AFTER you have been successfully issued by a Visa. Although to be honest I think a Visa Officer would also be suspicious if you were going to leave your significant other behind for a year while you go off to a foreign land to study! Luck seems to play a big part with these applications too...i.e. if you find a VO who is a decent human being versus one who thinks everyone wanting to go to Canada (who does not have a super in demand job) is vermin.

From reading previous post by matthewc (thanks Matthew!) spouses can in some instances apply at the port of entry in Canada. But I dont know if this depends on the spouse's nationality too...I will let one of the more experienced members reply to that.

Also (and I'm showing my ignorance here!) can anyone tell me what OWP stand for? (sorry!!! I should know this shouldn't I?!! lol)

;D

 

[lily Saxena]

Tnx for replying- OWP means Open work permit....Am still confused what to do....

 

[Brown eyed girl]

Tnx for replying- OWP means Open work permit....Am still confused what to do....

Ah! of course...thanks Lily.
Here is what I have learnt so far:

-First you need to be accepted by a College or University in Canada.
-Once you have received the acceptance letter then you need to start getting all your proofs together including proof of funds.
-You would need to complete all the necessary forms (best thing to do is visit the website of the Canadian High Commission in your own country for up to date information) and prepare a Study Plan (I think this is also referred to as Statement of Purpose?)
-Alternatively visit the CIC website and follow the link on students
-It is up to you whether to include your spouse on the application or not at this time; from previous posts the advice seems to be to do this AFTER you receive your student visa. But be prepared with an answer as to why you are going without your partner for a year or more...
-If you have not studied for a number of years then you will also need to submit your CV (resume')
- You may have to take IELTS (depends on country where you live)
- Pay the necessary application fees
-Submit application.
- You may receive letter to attend medical and/or interview

Maybe a senior can also add to this post if I have missed something out. Please bear in mind I have only just started researching this myself so I am not an expert on the subject. Good luck mate!