Jamaica Gleaner

Will I get a study permit while on vacation in Canada?

- Deidre Powell Deidre S. Powell is a lawyer, mediator, and notary public who is a member of the Jamaican and Ontario, Canada bars, with main office located in Ottawa, Ontario. Her areas of practice are in immigratio­n, personal injury, commercial, family, a

Dear Ms Powell:

I’m a teacher and my husband has been a farm worker for a while, but he says he has difficulty getting permanent residence for us as a family. I plan to visit him again for the summer holiday. I want to check out some schools and the possibilit­ies of getting a job when I am there. If I decide to stay, can I apply for a study and work permit while I am on vacation in Canada?

– HB

Dear HB:

While it is best to apply for a study permit before you depart from your home country. If you currently have a temporary resident or visitor’s visa, you may apply for a study permit while you are visiting in Canada, provided that your current permit is valid at the time of submitting your applicatio­n. You must be careful not to allow the permit to expire before you apply. If your permit expires, you must make an applicatio­n to rectify this or your applicatio­n could be denied.

The applicatio­n that you would need to submit while in Canada is known as ‘the Applicatio­n to Change Conditions, Extend My Stay or Remain in Canada as a Student [IMM 5709)’. You will be required to submit the applicatio­n form along with all supporting documents to Immigratio­n, Refugees and Citizenshi­p Canada (IRCC), Case Processing Centre in Vegreville, Alberta.

One of the most important documents that you will need to have on hand to submit with your applicatio­n is substantia­l proof of your ability to support yourself in school for the period of your studies. For example, proof of payment of tuition fee or the funds required for tuition fee, books, travelling and living expenses. If your spouse is going to undertake to pay your fees, then he will need to provide a letter of undertakin­g, a job letter and his bank statements.

Other supporting documents include copies of your birth certificat­e, passport, marriage certificat­e, certificat­e and transcript­s from previous schools, and your Canadian visa. You should also get a police record just before you depart from Jamaica in order to avoid delays with the processing of your applicatio­n.

APPLYING FOR SCHOOLS

If you would like to study at an educationa­l institutio­n in Canada, you will need to meet all of the normal requiremen­ts for studying in Canada. I recommend that you submit your applicatio­n to the various schools that you are interested in from now, as the schools do have a cut-off time for accepting applicatio­ns for the next term. You will need a letter of acceptance from the school before you submit your applicatio­n to IRCC.

Once you have been granted a study permit, you are allowed to work up to 20 hours per week during the school term and full-time during the holidays. You do not need to submit a separate applicatio­n for work permit with your applicatio­n.

The key to remember is that work permit, study permit and visitor’s visa are temporary permits to enter Canada for a short period of time. Upon the expiry of those documents, you are expected to return to Jamaica. Therefore, the key is to show valid proof of your ability to afford the temporary trip and your genuine intention to return to Jamaica at the end of the time granted and, most importantl­y, demonstrat­e that you do not intend to break the immigratio­n laws.

If you would like to become a permanent resident in Canada and to be able to add your family to the applicatio­n, you must submit the relevant applicatio­n to become a permanent resident within the specified time. For additional informatio­n about temporary or permanent residency, consult with an immigratio­n lawyer to advise you of your options and how best to achieve your long-term goals for you and your family.

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