student visa to permanent residence in canada?
if i am studying on a student visa in canada, and i get married, can i change to permament residence without leaving the country and without disrupting my studies?
Immigration - 3 Answers
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1 :
I am a law student at the University of Ottawa, and happen to be taking an immigration law class right now. I should also say that if you want good legal advice, talk to a real lawyer, so take what I say with a grain of salt. The law you're interested is the Immigration and Refugee Protection Act (IRPA) and its associated regulations. The relevant clause is section 11 of IRPA, which notes that you do, in fact, need to leave the country to apply for permanent resident status (PR status). However, there is a new class of immigration (the "Canada Experience Class") for people who are already students in Canada who want to become permanent residents, which is more streamlined than some other methods. Honestly I don't know much about it, but you may be able to stay in Canada if you apply under this class. Talk to a lawyer. If you get married (or are in a conjugal relationship for one year), and you can satisfy an immigration officer that you did not get married mainly in order to get PR status, then your spouse/partner can sponsor you and speed up the process greatly, and avoid money requirements. Your sponsor must be a Canadian citizen or permanent resident (s. 13(1) IRPA) who is at least 18, resides in Canada, is not in jail, has not committed a serious crime, and is not on social assistance for a reason other than disability (s. 133(1) Regulations). Usually the sponsor must also have a minimum necessary income to support you, but there is an exception for spouses/partners (s. 133(4) Regulations). In order to get PR status, you also must not be "inadmissible" (defined in ss. 34-43 IRPA). There are three main categories of inadmissibility: (1) public safety / security (terrorists, criminals, people with infectious diseases); (2) public finances (people with serious medical conditions or who would end up on social assistance); and (3) people who lie on their immigration forms. It cannot be emphasized enough: do NOT lie about anything on your immigration forms, or you will be banned from Canada for up to two years. Hope this helps, -dhm.
2 :
Hello, After your marriage, you can apply for permanent residence in Canada without having to leave Canada. Please visit http://www.cic.gc.ca/english/information/applications/spouse.asp for the guide and necessary forms. Thank you for your attention. Good luck.
3 :
if i am studying on a student visa in canada, and i get married, can i change to permament residence without leaving the country and without disrupting my studies? I think so assuming you are marrying a canadian citizen. you stay on the student visa as an international student in order to finish your program. You must still pay international fees. The canadian spouse must have a job or an income and they can apply for PR status for you. Applying as an inside application will take between 1 and 2 years to be processed.. If you finish your course you can apply for a post graduate work permit and get a job. (the canadian experience category) If at any time your work permit is denied, then you reapply as a visitor (because you have a PR application in process) and stay in Canada as a visitor (this is now the family class catefory) until you are landed as a PR. Please note that as a visitor you cannot work or study.
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