How to Change conditions of stay...

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Hi there -

I met my g/f in Jan 2009.  After several back-n-forth visits, she came to Canada on a study permit in August 2009.  Her permit expires in July.

We married in October - and just sent in the sponsorship application and PR application under the spousal / Family Class.

So - she's still in Canada - at least until July.  She tried to register in another course at the University, but the courses she wanted were booked solid - nothing until the Fall session.  

She would really like to continue her education here, but there aren't any programs available.  Does this mean she has to go back to her country in the interim?

Because we have a PR app in progress, are we able to request an extension?  If so - what are we extending?  The TRV is a study permit, and to be valid, she has to be registered in another program.  

Are we able to change the conditions of her stay to a visitor's TRV?  Will that look bad to the I/O's?  

Yes, she wants to stay in Canada - BUT- she wants to do it legally.  If she is denied PR status she will return to her country.  If she's denied TRV extension, she'll go back as well...  

We're just trying to avoid unnecessary disruption in our lives... the PR application is not out of the ordinary, and should go through without a hitch.

Any suggestions?  Anyone have experience changing conditions on a study permit / TRV?

Thanks!!!

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Harmonia Members Profile Send Private Message Find Members Posts Add to Buddy List Senior Member Joined: 03 Dec 2009 Status: Offline Points: 609	Post Options Post Reply Quote Harmonia Report Post Thanks(0) Quote Reply Topic: How to Change conditions of stay... Posted: 13 Apr 2010 at 4:31pm
	Hi there - I met my g/f in Jan 2009. After several back-n-forth visits, she came to Canada on a study permit in August 2009. Her permit expires in July. We married in October - and just sent in the sponsorship application and PR application under the spousal / Family Class. So - she's still in Canada - at least until July. She tried to register in another course at the University, but the courses she wanted were booked solid - nothing until the Fall session. She would really like to continue her education here, but there aren't any programs available. Does this mean she has to go back to her country in the interim? Because we have a PR app in progress, are we able to request an extension? If so - what are we extending? The TRV is a study permit, and to be valid, she has to be registered in another program. Are we able to change the conditions of her stay to a visitor's TRV? Will that look bad to the I/O's? Yes, she wants to stay in Canada - BUT- she wants to do it legally. If she is denied PR status she will return to her country. If she's denied TRV extension, she'll go back as well... We're just trying to avoid unnecessary disruption in our lives... the PR application is not out of the ordinary, and should go through without a hitch. Any suggestions? Anyone have experience changing conditions on a study permit / TRV? Thanks!!!

britincanada Members Profile Send Private Message Find Members Posts Visit Members Homepage Add to Buddy List Top Member Joined: 02 Dec 2009 Location: HamiltonOntario Status: Offline Points: 780	Post Options Post Reply Quote britincanada Report Post Thanks(0) Quote Reply Posted: 16 Apr 2010 at 1:13pm
	I would use application to change condition, extend my stay and remain in Canada and select option "A" then explain about your Wife's PR application and why you want to change her status in the section called "Your Request" http://www.cic.gc.ca/english/pdf/kits/forms/IMM1249E.PDF
	App received by CPC-M 1/06/10 Sponsorship approved 29/06/10 In Process 15/07/2010 VISA & PP Recvd 22/09/10 LANDED 29/09/10 ELIGIBLE TO BECOME CITIZEN 4/11/2012

Harmonia Members Profile Send Private Message Find Members Posts Add to Buddy List Senior Member Joined: 03 Dec 2009 Status: Offline Points: 609	Post Options Post Reply Quote Harmonia Report Post Thanks(0) Quote Reply Posted: 16 Apr 2010 at 2:56pm
	Thanks! We will do that. What are the odds though? Do people get extensions often, or are they denied because of the PR application (i.e. thinking she has no intention of leaving). I read somewhere on the boards that it's far more likely to get denied... though I am hoping that this is not the case.

britincanada Members Profile Send Private Message Find Members Posts Visit Members Homepage Add to Buddy List Top Member Joined: 02 Dec 2009 Location: HamiltonOntario Status: Offline Points: 780	Post Options Post Reply Quote britincanada Report Post Thanks(0) Quote Reply Posted: 16 Apr 2010 at 3:10pm
	I applied for my VR in May 2009 on the grounds that I was applying for PR as soon as I have all my documents and changed my name on stuff etc( we were getting married at the time)..I was issued a VR for 1 year in order to do this. However saying that we also have a 3 year old daughter together! Which might change things, a few people on the Family Sponsorship board have VR in order to apply for PR
	App received by CPC-M 1/06/10 Sponsorship approved 29/06/10 In Process 15/07/2010 VISA & PP Recvd 22/09/10 LANDED 29/09/10 ELIGIBLE TO BECOME CITIZEN 4/11/2012

Harmonia Members Profile Send Private Message Find Members Posts Add to Buddy List Senior Member Joined: 03 Dec 2009 Status: Offline Points: 609	Post Options Post Reply Quote Harmonia Report Post Thanks(0) Quote Reply Posted: 19 Apr 2010 at 11:37am
	In our case, she already has a study permit - valid until July. We don't actually need any time to build our application - because we just submitted it last week. She would be applying to wait out the decision on PR. No dependents either... so this is a little odd. Also the fact that she's got the study permit, and wants to change it to a Visitors'... What are they going to think... I guess only time will tell We're waiting until the end of this month to see if she gets accepted into the next University program. She also has a letter from one of the University heads stating that she is a 'serious student', has her PhD in linguistics, and is making excellent progress - but needs the next level of English business writing in order to complement her exisitng qualifications. Of course, the University has to accept her into th program - but that's another story. The program only starts in the fall... I will update this page when I get new info... but thanks. If she doesn't get accepted, she will request to change conditions to Visitors' while the PR application is in progress. <fingers crossed>

matthewc Members Profile Send Private Message Find Members Posts Visit Members Homepage Add to Buddy List Average Member Joined: 25 Jan 2010 Location: Hamilton, ON Status: Offline Points: 273	Post Options Post Reply Quote matthewc Report Post Thanks(0) Quote Reply Posted: 19 Apr 2010 at 8:25pm
	I don't think you need to switch to visitor status, and then switch again to student status. First, I'd wait until you hear back about registration for the program that starts in the fall before sending anything in - there's still plenty of time before July. If she's accepted to that program, CIC should be willing to grant extension of status as a student straight away, as if you send it in showrtly before her status expires, then by the time they process it, it will only be 2 months before the start of the course. Under My Request, you'd explain that she wishes to remain in Canada continuing her studies, while waiting for her PR application to be finalised. If she's not accepted into the program, then requesting to remain in Canada while she waits for the PR application to be finalised as a visitor is a fairly normal request. I'd be surprised if they refused it.
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Harmonia Members Profile Send Private Message Find Members Posts Add to Buddy List Senior Member Joined: 03 Dec 2009 Status: Offline Points: 609	Post Options Post Reply Quote Harmonia Report Post Thanks(0) Quote Reply Posted: 20 Apr 2010 at 11:13am
	Thanks Matthewc --- Given the timeline on 'change conditions' applications (60 days) -- we were thinking that we had to apply for the renewal at least 60 days before her current permit runs out... If we waited until later than that - does she have 'implied status' until a decision is made? The last thing we want is for her to be 'out of status'. Thanks again!

matthewc Members Profile Send Private Message Find Members Posts Visit Members Homepage Add to Buddy List Average Member Joined: 25 Jan 2010 Location: Hamilton, ON Status: Offline Points: 273	Post Options Post Reply Quote matthewc Report Post Thanks(0) Quote Reply Posted: 23 Apr 2010 at 1:55pm
	As long as the application to extend status is received before the status expires, then there is implied status until a decision is made. Basically they don't penalise you because it takes longer than 1 day to process the application and make a decision. They usually recommend you apply in time for processing to be complete within your current status, but in this situation (where having the application processed 2-months later, and closer to when school starts again may be to your advantage) going into implied status isn't a bad thing.
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Harmonia Members Profile Send Private Message Find Members Posts Add to Buddy List Senior Member Joined: 03 Dec 2009 Status: Offline Points: 609	Post Options Post Reply Quote Harmonia Report Post Thanks(0) Quote Reply Posted: 30 Apr 2010 at 11:51am
	Looks like we're going to have to wait until 3rd week of May to apply for the extenstion anyways - the University got back to her stating that they would send her info regarding acceptance to the program around that time. That means sending in the extension in June... for her course that starts in August.