Claiming asylum in canada with student visa

[Ciello]

You need to take the entire statement in context, not just bits and pieces. You don’t loose your “temporary resident status”....it says nothing about a study permit. The word “may” carries significant weight. It doesn’t mean you definitely will (or won’t for that matter) be allowed to apply for a study permit. You may be able to do a short term (less than 6 month) course or apply for a study permit. In applying as a refugee claimant, there is nothing to guarantee you will recieve that permit.

Persons making a claim for refugee protection in Canada with an existing temporary resident status do not lose their existing status. These persons may therefore attend a short-term course of study without a permit so long as they complete the course within the period of their authorized stay.

Their existing status may allow for an in-Canada study permit application if, for example, they hold a work permit [R215(1)(c)]. If they lose their temporary resident status (see A47 for loss of temporary resident status), they May apply for a study permit.

As I mentioned in my previous post I think the whole point is about obtaining a study permit on basis of your current status which is not lost. What is the point of applying for a study permit while you already have one ? I mean your existing status is student ?

 

[Buletruck]

You are confusing status in the country with the actual study permit once you arrive. Being a student, you still need to obtain a study permit at entry. All the student visa does is allow you to board a plane to travel to Canada to apply for the student permit.
You can’t compare anyone else’s situation with your own. Different circumstances and situations result in different outcomes. You may be allowed to apply for a study permit and you may actually receive one. Then again, maybe you won’t. There is no definite answer until you arrive and apply.

 

[canuck78]

There are many others that lose their asylum student permit after claiming asylum. If you applied for a student permit after you claimed asylum you would likely be rejected. Due to the large number of asylum applicants normal process is not always the case these days. The lawyer you consulted also thought you would lose you study permit based on his/her experience. Sometimes there are case by case decisions. Nobody here can guarantee what will happen. you can consult multiple lawyers and see if there is a consensus but IRCC has the final word.

 

[Fawaz__]

Thanks for your reply.
I am asking about the one that you should have to continue your study. I think it is study permit , right ?

Sorry, I might assumed that this is your first visit to Canada. I just noticed that you said, "continue". If you already have a study permit and were studying in Canada, and left to visit your home country and now you are returning back to Canada, then your question makes sense, and you already know the difference between the student visa and the study permit. However, if you don't have a study permit and you plan to apply for asylum when you first arrive to Canada, then how you asking about if your study permit will be invalid when you don't have one.

Anyway, here is the difference between the two:

Student Visa (Temporary Resident Visa - TRV) is the one in your passport. like this one in the picture:

Study permit is a piece of paper like the one in the picture below. As far as I know, you get a study permit from within Canada. Either when you first arrive to Canada or later.

I'm not an expert in immigration laws. I just wanted to write about my experience related to your question about applying for asylum and having a study permit. Your experience may vary. Good luck!

 

[Ciello]

There are many others that lose their asylum student permit after claiming asylum. If you applied for a student permit after you claimed asylum you would likely be rejected. Due to the large number of asylum applicants normal process is not always the case these days. The lawyer you consulted also thought you would lose you study permit based on his/her experience. Sometimes there are case by case decisions. Nobody here can guarantee what will happen. you can consult multiple lawyers and see if there is a consensus but IRCC has the final word.

Thanks for the reply . I've heard study permits are issued in airport upon arrival if I'm right . My question is if I am already in canada and got my study permit before claim, what happens to it after claim? Some one mentioned that her study permit was given back to her with a stamp on it which said : "does not confer status" so that she will be able to continue her studies. Do you have any idea ?
Thanks.

 

[welcome2canada]

Thanks for the reply . I've heard study permits are issued in airport upon arrival if I'm right . My question is if I am already in canada and got my study permit before claim, what happens to it after claim? Some one mentioned that her study permit was given back to her with a stamp on it which said : "does not confer status" so that she will be able to continue her studies. Do you have any idea ?
Thanks.

Hello,were you able to continue your study while you were waiting for your claim?

 

[welcome2canada]

Hello ,can someone complete his /her degree while waiting to received a decision on their asylum claim?

 

[canuck78]

Hello ,can someone complete his /her degree while waiting to received a decision on their asylum claim?

Yes if they get a study permit and pay their international fees.

 

[welcome2canada]

Yes if they get a study permit and pay their international fees.

what about if the study permit has expired?

 

[canuck78]

what about if the study permit has expired?

You need to apply for a new study permit. Even if it wasn’t expired it could be cancelled once you apply for asylum.

 

[welcome2canada]

You need to apply for a new study permit. Even if it wasn’t expired it could be cancelled once you apply for asylum.

oh ok,but i heard that only work permit is eligible to asylum seekers

 

[canuck78]

oh ok,but i heard that only work permit is eligible to asylum seekers

You can try and apply for a study permit. I have only seen a few get accepted. Most refugees must prioritize work so they have the money to live and cover their expenses. They may go back to school later on and often part-time while working full-time.

 

[welcome2canada]

oh ok,thank you so much for your help

 

[YG2127]

So everyone, i was studying in United States (18yrs old) by a fund from my home country (Won a competition to be able to get that) but then they suddenly blocked my fund because of my family's and my political oppinion. I couldn't continue my education nor get back to my country (they have a warrant to arrest me, my dad already in Jail). So somebody suggested I should claim an asylum in Canada- Honestly I had no intention on manupulating my situation and the system so that I could get a Canadian Pr. All i ever want was go to school.

I came here last year and I claimed my refugee in Ontario. I filled everything correctly and honestly- I never knew Canadians was this kind, its totally different from the states (Maybe Massachusettes sucks). I had good grade and high SAT, so I was accepted to almost every university I have asked to continue my Computer Science degree, luckily some even funded my education ( Even if I had to write tremendouse amount of Essays; totally worth it). So I went to Mount Allison University (best undergrad univ in Canada). they currently funded nearly 70% of my fees.

I have work permit cause i had to work then save and go to school. I was working the whole summer. And after I made sure that I have funds to go to school I applied my study permit and its now approved. (Can't see why cause I was totally transparent). My big concern is that I'm I considered International student now or what?? I hope not, so since I have both my work permit(open to every employees) and study permit as well, does the "Students can only work 20hrs per week" applys to me or it doesn't since I am a refugee claimant but not international student? ?? I belive I should enjoy working more than 20 hours (not planning to, but I want to know if I can, just in case) because of my status.

And does me going to school affect my claim, negatively or positively?? It almost surpass a year since I claimed my refugee though.


Thank You and Appriciate y'all!!!!!!!!

 

[canuck78]

So everyone, i was studying in United States (18yrs old) by a fund from my home country (Won a competition to be able to get that) but then they suddenly blocked my fund because of my family's and my political oppinion. I couldn't continue my education nor get back to my country (they have a warrant to arrest me, my dad already in Jail). So somebody suggested I should claim an asylum in Canada- Honestly I had no intention on manupulating my situation and the system so that I could get a Canadian Pr. All i ever want was go to school.

I came here last year and I claimed my refugee in Ontario. I filled everything correctly and honestly- I never knew Canadians was this kind, its totally different from the states (Maybe Massachusettes sucks). I had good grade and high SAT, so I was accepted to almost every university I have asked to continue my Computer Science degree, luckily some even funded my education ( Even if I had to write tremendouse amount of Essays; totally worth it). So I went to Mount Allison University (best undergrad univ in Canada). they currently funded nearly 70% of my fees.

I have work permit cause i had to work then save and go to school. I was working the whole summer. And after I made sure that I have funds to go to school I applied my study permit and its now approved. (Can't see why cause I was totally transparent). My big concern is that I'm I considered International student now or what?? I hope not, so since I have both my work permit(open to every employees) and study permit as well, does the "Students can only work 20hrs per week" applys to me or it doesn't since I am a refugee claimant but not international student? ?? I belive I should enjoy working more than 20 hours (not planning to, but I want to know if I can, just in case) because of my status.

And does me going to school affect my claim, negatively or positively?? It almost surpass a year since I claimed my refugee though.


Thank You and Appriciate y'all!!!!!!!!

It seems as though you studied after your asylum claim. You aren't able to study without a study permit obtained after yiur claim and yes you are an international school. Did the schllarships realize thar you were an asylum claimant and didn't have permanent status in Canada. Most of the acholarships are limitted to domestic students who are PRa or citizens.