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Pathways to permanent migration - studying in Canada

Pathways to permanent migration - studying in Canada

Old Aug 9th 2014, 1:25 pm
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Default Pathways to permanent migration - studying in Canada

Sorry if the title of this thread is a bit vague, I wasn't sure how to word it.

Basically my husband and I and two kids are planning to get ourselves across to Canada to start afresh. I'm Aussie, he's British and we live in Melbourne (Aus) at the moment.

My husband was previously married (like 14 years ago or something) to a Canadian and got PR status there way back when (I think at least ten years ago). He lived in Toronto for a while, a year perhaps, before the relationship broke down and he moved back to Manchester. The next time he went to Canada was just for a visit and he didn't enter on his PR card or anything. (Sorry if my terminology/explanation sounds amateur, I'm just beginning to learn about the processes.)

Anyway given he can't get his PR status back as it's been so long, and the possibilities of finding work in advance are fairly slim given he is just an 'IT guy', and also considering I planned to do my Masters soon, we have decided I should apply to do my Masters at a Canadian university and we'll all move across for the course. Most of them seem to be year-long, and I've discovered some programs after much reading that are exactly the sort of thing I'd want to do.

I've narrowed it down to three courses at three different Ontario universities. It appears that the University of Toronto is relatively competitive so there's a chance I might not get in and I'd like the other two options just in case.

So, my question is, how is entering Canada on a study visa perceived in terms of a pathway to permanent migration? ie. obviously coming to study is not the same as coming to join your partner or to work, it seems to be more of a temporary thing, and I just wondered whether it will look as though we're using the study purely as a way to get into Canada. And yes, of course, we want to live there, so in a way we are, but by the same token I'm not enrolling in some Degrees R Us fake course just to get into the country, I'm planning to actually achieve a great postgraduate qualification from a highly regarded institution which will hopefully lead to more study and more specialised work or academia in my field. For us it's killing two birds with one stone - get to live in a country we'd like to and increase knowledge, skills and job prospects at the same time.

Does this make sense? Or am I over-thinking it? Anyone have any views? Thanks in advance!
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Old Aug 9th 2014, 2:03 pm
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Default Re: Pathways to permanent migration - studying in Canada

Hello and welcome to BE!

I would suggest starting at the 'study' page on the CIC website, it tells you what you need, what you can do and what you can do after graduating. It is possible to use it as a path to Permanent Residency.

You will need to ensure that the college or university is an accredited one, recognised by CIC.

Study in Canada

Changes to the International Student Program

Your husband would be able to obtain an open work permit on the back of your study permit: http://www.cic.gc.ca/english/study/work-spouse.asp


Last edited by Siouxie; Aug 9th 2014 at 2:06 pm.
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Old Aug 9th 2014, 2:18 pm
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Default Re: Pathways to permanent migration - studying in Canada

Hi


Originally Posted by Siouxie
Hello and welcome to BE!

I would suggest starting at the 'study' page on the CIC website, it tells you what you need, what you can do and what you can do after graduating. It is possible to use it as a path to Permanent Residency.

You will need to ensure that the college or university is an accredited one, recognised by CIC.

Study in Canada

Changes to the International Student Program

Your husband would be able to obtain an open work permit on the back of your study permit: Help your spouse or common-law partner work in Canada

Note the spouse has to either renounce his PR status, or apply for a Travel Document, be refused, not appeal, wait 60 days (appeal period) before he is eligible to enter as a visitor.
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Old Aug 9th 2014, 3:38 pm
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Default Re: Pathways to permanent migration - studying in Canada

Originally Posted by PMM
Hi




Note the spouse has to either renounce his PR status, or apply for a Travel Document, be refused, not appeal, wait 60 days (appeal period) before he is eligible to enter as a visitor.
Err, spouse's PR is long gone after 10 years! Its two or three years not resident in Canada before PR is gone. So he probably thought he was entering as a visitor but really CBSA knew he was PR through his passport and didn't bother with the card. So now he'll be eligible to go to Canada as a visitor, or apply for whatever work permits applicable to his / OPs situation
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Old Aug 9th 2014, 3:47 pm
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Default Re: Pathways to permanent migration - studying in Canada

Originally Posted by Gozit
Err, spouse's PR is long gone after 10 years! Its two or three years not resident in Canada before PR is gone. So he probably thought he was entering as a visitor but really CBSA knew he was PR through his passport and didn't bother with the card. So now he'll be eligible to go to Canada as a visitor, or apply for whatever work permits applicable to his / OPs situation
You may want to take heed of what PMM said.

He knows his stuff.

http://www.cic.gc.ca/english/resourc.../enf23-eng.pdf

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Old Aug 11th 2014, 3:43 am
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Default Re: Pathways to permanent migration - studying in Canada

Originally Posted by Gozit
Err, spouse's PR is long gone after 10 years! Its two or three years not resident in Canada before PR is gone. So he probably thought he was entering as a visitor but really CBSA knew he was PR through his passport and didn't bother with the card. So now he'll be eligible to go to Canada as a visitor, or apply for whatever work permits applicable to his / OPs situation


OP - I'd suggest you follow PMM's advice, he knows of what he speaks.
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Old Aug 11th 2014, 6:43 am
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Default Re: Pathways to permanent migration - studying in Canada

Originally Posted by Siouxie
You may want to take heed of what PMM said.

He knows his stuff.

http://www.cic.gc.ca/english/resourc.../enf23-eng.pdf

Originally Posted by christmasoompa


OP - I'd suggest you follow PMM's advice, he knows of what he speaks.
Sorry, i'm probably wrong Welcome to delete my posts if they're confusing. I'll just quietly remove myself now
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Old Aug 11th 2014, 3:15 pm
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Default Re: Pathways to permanent migration - studying in Canada

Originally Posted by Gozit
Err, spouse's PR is long gone after 10 years! Its two or three years not resident in Canada before PR is gone. So he probably thought he was entering as a visitor but really CBSA knew he was PR through his passport and didn't bother with the card. So now he'll be eligible to go to Canada as a visitor, or apply for whatever work permits applicable to his / OPs situation
Permanent resident status does not expire automatically, even if the residence requirement is not met. It has to be formally revoked, or voluntarily renounced. The facts that CIC/CBSA will normally act to remove PR if they become aware that the residence requirement is breached, and that normally PR would be removed in that situation, do not change that principle.

As someone else says, technically, in order to be admitted as a visitor, one needs to resolve a situation of dormant PR status. However, in practice, if one arrives as a tourist, the CBSA agent may file a report - or may not. Those with visa-exempt passports do not need the Travel Document to travel to Canada, especially with a return ticket, so this situation arises quite often.

In order to get any kind of work permit, study permit or (for those without visa exempt passports) visitor visa, then a determination of whether PR status would be revoked should normally occur.

As to the situation at hand, it would certainly be easier if the individual concerned had stayed longer in Canada and obtained Canadian citizenship. In the same context, it would be worthwhile to consider options regarding Australian citizenship (unless that has already been obtained), before making any decision to leave.
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Old Aug 12th 2014, 11:04 am
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Default Re: Pathways to permanent migration - studying in Canada

Gr8 post, JAJ
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Old Aug 15th 2014, 4:53 pm
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Default Re: Pathways to permanent migration - studying in Canada

Thanks Siouxie re. the link to the study section - I will explore.

Re. the 'dormant' PR status of my husband, yes, that's a good point, thanks PMM. I wasn't aware that it didn't just expire after a while. I guess we just assumed it would given that residency is a requirement of the visa itself. I know in Australia if you aren't actually in Australia, you aren't satisfying the requirements of PR and I guessed it would be more or less the same in Canada.

I'm pretty sure when he returned to Canada to visit years later he was actually on a different passport (ie. a new one, as his previous one had expired), and this time he'll be on a different passport again, probably his Aussie one given me and our kids are going to be on Aussie passports. We all have dual Aussie-British nationality (well, our kids are eligible, no claim for British citizenship by descent has been made yet). So surely being on a different passport would mean Canadian immigration authorities may not have been aware he had previously held PR.

Yes, my husband has just been granted his Australian citizenship (the irony, seems rather bizarre to be already considering moving away but that's just how things have panned out).

So what is the advice re. the dormant PR status then? If ONLY he'd stayed longer and gotten his Canadian citizenship, things would be so much simpler now, but hey, that didn't happen. Should my husband get in touch with the CIC/CBSA somehow and enquire about resolving the PR status? It's frustrating because it clearly can't be reinstated after this lengthy period of time, so 'resolving' it is really just another word for cancelling it all together, when really there is no other avenue. Just a bureaucratic formality I guess. But having worked for government for a number of years myself I totally understand this and would make every effort to adhere to due process, no matter how bureaucratic it seems.

And JAJ you mention having a return ticket - if we're in Canada for a year while I complete my Masters, how can we have a return ticket? Ie. wouldn't that be too long a time period to have actually booked a return ticket? Would we be looked upon less favourably if we're travelling just the one way with the intention to book our return flight closer to our actual return, or with the obvious possibility we won't return and my study will extend or we will begin working and be legally permitted to remain that way?

Thanks everyone for your responses on this.
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Old Aug 17th 2014, 11:31 am
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Default Re: Pathways to permanent migration - studying in Canada

Perpetual, it's certainly possible your husbands PR status may still be technically valid although obviously at risk of being revoked. I was amazed to find out a few weeks ago that a couple of distance relatives who have lived in Canada for over 50 years aren't Canadian Citizens and I'm not sure they have ever had a PR Card as it was only introduced in 2002.

Can your husband remember his SIN number?

If your husband was already in Canada he might have the option of just keeping his head down and then applying for PR card renewal after meeting the 730 days resident in Canada in the last 5 years.
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Old Aug 17th 2014, 12:25 pm
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Default Re: Pathways to permanent migration - studying in Canada

Originally Posted by paw339
Perpetual, it's certainly possible your husbands PR status may still be technically valid although obviously at risk of being revoked. I was amazed to find out a few weeks ago that a couple of distance relatives who have lived in Canada for over 50 years aren't Canadian Citizens and I'm not sure they have ever had a PR Card as it was only introduced in 2002.

Can your husband remember his SIN number?

If your husband was already in Canada he might have the option of just keeping his head down and then applying for PR card renewal after meeting the 730 days resident in Canada in the last 5 years.
A PR card has nothing to do with having valid PR status, PR status solely relies on the fact that you have resided in Canada for 2 years in the past 5 years regardless of whatever date may be on a PR card (or if a PR card isn't held). A PR card is only used as 'proof' of PR status when going overseas (and for some government departments), it is not required under Canadian legislation or regulations to hold one.

Whilst Perpetuals husband may technically still be a PR (as he hasn't had it revoked or voluntarily relinquished it); if he attempted to enter Canada as a PR the likihood is that the procedure for revocation of PR status would be implemented.

Understand permanent resident status
http://www.cic.gc.ca/english/resourc...p/op10-eng.pdf
http://www.cic.gc.ca/english/resourc.../enf23-eng.pdf

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