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Renewal of Study Permit / Change of conditions?
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Harmonia View Drop Down
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Points: 609 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Harmonia Quote  Post ReplyReply Direct Link To This Post Topic: Renewal of Study Permit / Change of conditions?
    Posted: 11 Jan 2010 at 2:50pm
Hi there,
 
My spouse came to Canada in August on a student visa, valid until July 2010.
 
We married in October.  She is still attending Univeristy.
 
We are preparing the PR application right now, but are pretty sure that her student visa will expire before she obtains PR status.
 
What is the best way to proceed with a visa extension?
 
Should we apply to extend her student visa (in which case this means enrolling her in more courses, which cost a fortune because she's not Canadian...) 
-or-
Should she return home, and come back on a visitors' visa...
-or-
Should we apply for a change the conditions of her stay - and change from a study visa to a visitors' visa?
 
Has anyone here changed the conditions of their stay?
 
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jamaisomal View Drop Down
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Points: 184 		Post Options Post Options   Thanks (0) Thanks(0)   Quote jamaisomal Quote  Post ReplyReply Direct Link To This Post Posted: 11 Jan 2010 at 8:19pm
How many years did you spouse study for in Canada? Why don't you just get her to apply for a post graduation work permit. They are valid for up to 3 years depending on how long her course of study was. It will be an open work permit.
Application sent May 13, 2010
Started processing July 22, 2010.
Decision made March 7, 2011
Landed April 13th 2011
The whole process took exactly 11 months!
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Harmonia View Drop Down
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Points: 609 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Harmonia Quote  Post ReplyReply Direct Link To This Post Posted: 12 Jan 2010 at 10:08am
My spouse came here in August of 2009 to study... full-time program at the University, but a short-term one (ESL-related).  The program ends in July, her visa expires shortly thereafter.
 
She already has a doctorate, so this is not post-graduation work. 
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jamaisomal View Drop Down
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Points: 184 		Post Options Post Options   Thanks (0) Thanks(0)   Quote jamaisomal Quote  Post ReplyReply Direct Link To This Post Posted: 12 Jan 2010 at 10:14am
I know. The work permit is called the Post Graduation work permit. When did her full time studies end? Is she doing ESL right now or both?

INFO: Work permits for students: Working after graduation—Who can apply

To obtain a work permit after your graduation, you must meet the following requirements:

    * You must have studied full time in Canada and you must have completed a program of study that lasted at least eight months. In addition, you must have graduated from:
          o a public post-secondary institution, such as a college, trade/technical school, university or CEGEP (in Quebec), or
          o a private post-secondary institution that operates under the same rules and regulations as public institutions, and receives at least 50 percent of its financing for its overall operations from government grants (currently only private college-level educational institutions in Quebec qualify), or
          o Canadian private institution authorized by provincial statute to confer degrees but only if you are enrolled in one of the programs of study leading to a degree as authorized by the province and not in all programs of study offered by the private institution.
    * You must apply for a work permit within 90 days of receiving written confirmation (for example, a transcript or an official letter) from your institution indicating that you have met the requirements for completing your academic program.
    * You must have completed and passed the program of study and received a notification that you are eligible to obtain your degree, diploma or certificate.
    * You must have a valid study permit when you apply for the work permit.

More info here. http://www.cic.gc.ca/english/study/work-postgrad.asp

Originally posted by Harmonia Harmonia wrote:

My spouse came here in August of 2009 to study... full-time program at the University, but a short-term one (ESL-related).  The program ends in July, her visa expires shortly thereafter.
 

She already has a doctorate, so this is not post-graduation work. 
Application sent May 13, 2010
Started processing July 22, 2010.
Decision made March 7, 2011
Landed April 13th 2011
The whole process took exactly 11 months!
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Harmonia View Drop Down
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Points: 609 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Harmonia Quote  Post ReplyReply Direct Link To This Post Posted: 12 Jan 2010 at 3:14pm
Her fulltime studies ended several years ago, and she was not educated in Canada, save for the ESL courses she's been taking at Ottawa U.
 
The post-grad work permit likely does not apply in her case.
 
What we're hoping to do is have her allowed to continue improving her English while we process the application for PR status. 
 
Yes, she would rather work (she was a University prof for 14 years) - but she also wants to improve her English skills as she will need them in this environment.
 
I believe we need to specify 'dual intent' - as she not only wants to become a PR, but in the interim, she wants to study.
 
Thanks so much for your replies!
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